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09-15-2011, 11:30 AM
<span class="articleText">http://www.1up.com/media?id=3899031&type=lg
Following the PlayStation Network breach in April, a number of class (http://www.1up.com/news/first-lawsuit-filed-against-sony-psn-data-leak) action (http://www.1up.com/news/new-york-subpoenas-sony-breach-anonymous-innocence) lawsuits (http://www.1up.com/news/sony-fired-network-security-employees-prior-psn-breach-lawsuit) were filed against Sony hoping to win some money after the personal information belonging to tens of millions of users was compromised (http://www.1up.com/news/alert-playstation-network-account-data-compromised). And while it might seem like the latest Terms of Service that PlayStation Network users have been notified about is unrelated, that's not exactly the case.
Sony has sent out an email to users regarding a new Terms of Service and Privacy Policy, as well as to explain that Sony Network Entertainment America is transitioning into Sony Network Entertainment International. As soon as many people see "Terms of Service," they likely hit agree button without reviewing a sentence of the clunky legalese these things are comprised of, but it would be a mistake to do so in this case. The email sneaks in a mention of why at the end of the first paragraph: "Please review all changes to the TOS and Privacy Policy carefully before indicating your agreement. In particular, please review Section 15 of the TOS, which now includes a class action waiver and requires that most disputes be resolved through arbitration."
Checking out that section of the ToS, located here (http://www.sonyentertainmentnetwork.com/SEN-legal-docs/TERMS_OF_SERVICE_AGREEMENT-EN.pdf) (PDF link), we see that it reads in part, "Other than those matters listed in the Exclusions from Arbitration clause, you and the Sony Entity that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section 15, and not litigate any Dispute in court. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury."
More... (http://www.1up.com/news/psn-terms-of-service-prevent-joining-class-action-lawsuits)
Following the PlayStation Network breach in April, a number of class (http://www.1up.com/news/first-lawsuit-filed-against-sony-psn-data-leak) action (http://www.1up.com/news/new-york-subpoenas-sony-breach-anonymous-innocence) lawsuits (http://www.1up.com/news/sony-fired-network-security-employees-prior-psn-breach-lawsuit) were filed against Sony hoping to win some money after the personal information belonging to tens of millions of users was compromised (http://www.1up.com/news/alert-playstation-network-account-data-compromised). And while it might seem like the latest Terms of Service that PlayStation Network users have been notified about is unrelated, that's not exactly the case.
Sony has sent out an email to users regarding a new Terms of Service and Privacy Policy, as well as to explain that Sony Network Entertainment America is transitioning into Sony Network Entertainment International. As soon as many people see "Terms of Service," they likely hit agree button without reviewing a sentence of the clunky legalese these things are comprised of, but it would be a mistake to do so in this case. The email sneaks in a mention of why at the end of the first paragraph: "Please review all changes to the TOS and Privacy Policy carefully before indicating your agreement. In particular, please review Section 15 of the TOS, which now includes a class action waiver and requires that most disputes be resolved through arbitration."
Checking out that section of the ToS, located here (http://www.sonyentertainmentnetwork.com/SEN-legal-docs/TERMS_OF_SERVICE_AGREEMENT-EN.pdf) (PDF link), we see that it reads in part, "Other than those matters listed in the Exclusions from Arbitration clause, you and the Sony Entity that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section 15, and not litigate any Dispute in court. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury."
More... (http://www.1up.com/news/psn-terms-of-service-prevent-joining-class-action-lawsuits)