Think twice before suing Sony.

Sony’s changed the PSN terms of service to include a “don’t sue us” clause. Basically, by agreeing, you’re now forced into binding arbitration should you have a dispute with any Sony entity.

According to the new user agreement for the Playstation Network…

“Other than those matters listed in the Exclusions from Arbitration clause (small claims), 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.”

Of course you can opt out, by doing things the good old 1950s way.

“RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION 15, YOU MUST NOTIFY SNEI IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 6080 CENTER DRIVE, 10TH FLOOR, LOS ANGELES, CA 90045, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR PSN ACCOUNT NUMBER, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY SONY ENTITY THROUGH ARBITRATION.”

In order to keep using PSN, Sony is making you agree to these new terms. It’s pretty sneaky for them to bury this at the bottom of the terms of service. That whole security breach really stirred up a legal hornet’s nest, so looks like they’re trying to cover their asses. Naturally, this is the likely result of the class action that emerged after all those credit card numbers were stolen.

This is a good example of the problem with EULAs. Long winded, convoluted contracts that people are expected to “sign” without really understanding what anything in them means. Mind you, this won’t effect most people using the service. It just seems a tad unethical to sneak things through like that without first consulting consumers. As if Sony needed a legal advantage if they screw up. What with their legions high priced lawyers crawling out of every crack.


Phoenix Wright copyright Capcom