Last September, Sony made a controversial change to their T.O.S, implementing an Individual Binding Arbitration, which meant, that once you agreed to those T.O.S, you could no longer take Sony to court, over any wrong doing or mistake caused by them on the PSN service.
On November last year, a PS3 owner filled a lawsuit against Sony, stating that the company engaged in unfair and tortious conduct when they required PS3 owners to agree to a new T.O.S, here is a small quote from the court document:
The imposition of the Agreement was unfair, plaintiff argues, because without
any consideration the Agreement altered the parties’ contractual relationship and imposed for the first
time requirements that PSN users agree to submit disputes between the user and Sony to arbitration and
waive their right to resolve disputes through a class action. Id. Users had to accept the terms of the
Agreement in order to continue accessing the PSN. Id., ¶ 2. Users were able to opt out of the arbitration
clause and class action waiver provisions, after they agreed to the Agreement. Id., ¶ 18. However,
plaintiff alleges that defendants put up barriers and discouraged users from opting out by imposing
onerous requirements, including requiring opt outs to be submitted in a written notice by mail. Id.
Defendants move to dismiss the complaint, arguing that plaintiff does not have standing under
the UCL – which requires a showing that plaintiff lost “money or property” as “a result” of defendants’
conduct – and because no cause of action for tortious breach of the implied covenant of good faith and
fair dealing exists under California law outside of insurance coverage disputes. Plaintiff opposes that
motion and the matter is now before the Court.
Now im sure you wont be surprised that the court dismissed this case, just like they dismissed the OtherOS lawsuit, so it seems that Sony are allowed to do what ever they want, you spend hundreds of pounds on PSN content, only to be told that you have to get rid of OtherOS in order to keep access to all that content you bought, only for a year year later you must go through the same type of decision again.Tweet this!