New PSN Terms of Service

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JayhawkWS6

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#1 JayhawkWS6
Member since 2011 • 25 Posts
I'm just getting this out there as an FYI to all PSN users (at least as many as I can). There is a new Terms of Service, ToS, that needs to be agreed to before signing on. In this new ToS you give up your right to a class action lawsuit; read Section 15. You also agree that disputes will be handled through arbitration and not in court. The biggest implication of this class action lawsuit waiver is that you will not be able to be party to a class action suit against Sony. Should another hacker attack PSN and much of our personal information is stolen, you would have to sue Sony individually. This would be extremely expensive and time consuming. So much so that many that might be victim to this hypothetical would probably not seek legal compensation. I know that the number of those that might actually be party to a class action suit against Sony is very small. But, you should still not give up rights simply to play games online. Luckily you can opt out of this binding arbitration and class action waiver by submitting to Sony's legal department written notice of your intent to opt out. You must provide: 1) Your name 2) Your address 3) PSN account number (discussed below) 4) A clearly written statement that you wish to opt out of the binding arbitration and class action waiver I've searched the web, my PSN account both onine and on the PS3, and called PSN support to find out where to locate your PSN account number. The best I came up with was from a PSN telephone representative (Bobby, Badge #: 658771). He said, after checking with specialists and supervisors, that for the PSN account number I should provide my email address, PSN ID, and PS3 console serial and model numbers (not sure what the serial numbers are for). If anyone has any other information about our PSN account numbers please let us know. Most won't take the time to do this, but hopefully I can help a few to opt out of this right stealing legalese. I've typed up a template for what needs to be provided to Sony, and I'll also provide the address. Please let others know through other mediums. I tryed the playstation forums, but they are down for maintenance. Thanks for reading. Template: Sony Legal Department/Arbitration, I, (your name), wish to opt out of the binding arbitration and class action waiver. I do not wish to resolve disputes through arbitration. 1) Name: 2) Address: 3) PSN Account Number: Email associated with PSN Account: PSN ID: PS3 Console Serial Number: Send written notice to: ATTN: Legal Department/Arbitration 6080 Center Dr. 10th Floor Los Angeles, CA 90045
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JayhawkWS6

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#2 JayhawkWS6
Member since 2011 • 25 Posts
Here is a much more formal template that an attorney friend of mine just typed up. September 15, 2011 SONY NETWORK ENTERTAINMENT INTERNATIONAL LLC ATTN: Legal Department/Arbitration 6080 Center Dr., 10th Floor Los Angeles, CA 90045 RE: Playstation Network Terms of Service and User Agreement Version 12 Opt-out To Whom It May Concern: Please be advised that I wish to opt out of the binding arbitration and class action waiver, pursuant to Paragraph 15 of the September 15, 2011 Terms of Service and User Agreement (Version 12) (hereinafter "TOS"). I do not wish to resolve disputes through arbitration that I may have against any Sony Entity, including, but not limited to Sony Network Entertainment International, LLC and any officers, directors, employees, and agents of any Sony Entity. Further, I do not wish to waive my right to participate in any class action lawsuits against any Sony Entity, including, but not limited to Sony Network Entertainment International, LLC and any officers, directors, employees, and agents of any Sony Entity. Please consider this official notice that I am opting out of the arbitration and waiver clauses of the TOS, pursuant to Paragraph 15 same. 1) Name: 2) Address: 3) Playstation Network Account Number: Email associated with PSN Account: PSN ID: PS3 Console Serial Number: I have been informed that a Playstatoin Network support representative known as "Bobby" with badge number 658771 has stated I need to provide my email address, PSN ID, and PS3 console serial and model numbers to identify my "PSN Account Number" listed as number three under the opt-out provision of Paragraph 15 of the TOS. I have provided such information is above. The information provided above is sufficient to identify who I am and my Playstation Network identity and account. Sincerely, ________________________
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JayhawkWS6

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#3 JayhawkWS6
Member since 2011 • 25 Posts
Sorry to respond once again to my own post. My friend has now published his template to google docs. Here is the link. https://docs.google.com/document/pub?id=1ng9ZLy5yW_0pK1Q7DN8YlA1Nvv9CBYL4L0ah1U7q6_s Also I failed to mention that you have 30 days from when you agree to the new ToS to opt out of the binding arbitration and class action waiver. So you will still be able to enjoy your PSN experience. I apologize for any confusion.
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pashmina626

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#4 pashmina626
Member since 2005 • 2669 Posts

What does it mean you have 30 days?.

I remember that I had to agree to the new terms of service aggreement earlier this year by just saying that I agreed to continue using the PSN so do I just agree to the new terms of service just like I did before?.

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JayhawkWS6

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#5 JayhawkWS6
Member since 2011 • 25 Posts
Yes, you agree just like before. But in doing so you waive your right to a class action suit. You have 30 days from when you agree to the new ToS to provide Sony with a written statement saying you wish to opt out of the class action waiver. If you do not provide this you will not be able to participate in a class action suit should you be victim to any wrong doing of Sony's accord. You could however file suit on your own which would be expensive and time consuming. I'm opting out because I do not want to lose my right to participate in a class action lawsuit, and because they provide an option to do so.
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mylast_words

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#6 mylast_words
Member since 2011 • 25 Posts
This is absolutely atrociuos treatment of customers. Thank you for the template, however i believe my days with sony will now be over. they are leaving users no choice but to A) have no rights or B) hack the systems in order to get some functionality. Did you read that you also no longer purchase any content, it is simply licensed and thus, not yours. They can revoke your access to a movie you've paid for through them at any time AND for any reason. These broad 'sweeping' rights in favour of the company are part of the reason they were targeted already. I will most likely be moving my system to a modded version, but i DO hope that sony is again targeted by some of the groups that showed the world how little sony cares for their customers data.
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JohnF111

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#7 JohnF111
Member since 2010 • 14190 Posts
This is absolutely atrociuos treatment of customers. Thank you for the template, however i believe my days with sony will now be over. they are leaving users no choice but to A) have no rights or B) hack the systems in order to get some functionality. Did you read that you also no longer purchase any content, it is simply licensed and thus, not yours. They can revoke your access to a movie you've paid for through them at any time AND for any reason. These broad 'sweeping' rights in favour of the company are part of the reason they were targeted already. I will most likely be moving my system to a modded version, but i DO hope that sony is again targeted by some of the groups that showed the world how little sony cares for their customers data.mylast_words
Wait people are now required to hack the PS3 to play games? The terms have absolutely nothing to do with any changes to how games are played, it's about people who feel the need to sue Sony and try and fill their own pockets.
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Fightingfan

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#8 Fightingfan
Member since 2010 • 38011 Posts
Don't care, all fake information on my PSN account and I don't use my credit card anymore since the fiasco.
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mylast_words

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#9 mylast_words
Member since 2011 • 25 Posts

Wait people are now required to hack the PS3 to play games? The terms have absolutely nothing to do with any changes to how games are played, it's about people who feel the need to sue Sony and try and fill their own pockets.

Actually John, no. I am unable to use my system today, in the same fashion as yesterday, which includes me watching Netflix (the only real reason i go online with the system) without signing away ANY right i have as a consumer. I had no interest in modding my system before (well, it did cross my mind when i was playing GTA4 with the LONG load times, that if i had a modded box i could at least put it on the HDD which would increase the load speed) but now will have to research it so that i can continue to use it to watch Netflix without PSN, if that's even possible.
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pashmina626

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#10 pashmina626
Member since 2005 • 2669 Posts

So when I agree to the new terms of service , can I do my online stuff like downloading games from the store and talking to my friends like I always do?.

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JohnF111

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#11 JohnF111
Member since 2010 • 14190 Posts

Wait people are now required to hack the PS3 to play games? The terms have absolutely nothing to do with any changes to how games are played, it's about people who feel the need to sue Sony and try and fill their own pockets.mylast_words

Actually John, no. I am unable to use my system today, in the same fashion as yesterday, which includes me watching Netflix (the only real reason i go online with the system) without signing away ANY right i have as a consumer. I had no interest in modding my system before (well, it did cross my mind when i was playing GTA4 with the LONG load times, that if i had a modded box i could at least put it on the HDD which would increase the load speed) but now will have to research it so that i can continue to use it to watch Netflix without PSN, if that's even possible.

Well whatever happens you provided some damn fine info. It's nice to know it's optional afterall albeit a little bit of a fuss, infact a massive pain in the rump.
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MC-Reap

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#12 MC-Reap
Member since 2011 • 595 Posts

So when I agree to the new terms of service , can I do my online stuff like downloading games from the store and talking to my friends like I always do?.

pashmina626
Yep, carry on. Nothing to see here.
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KamuiFei

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#13 KamuiFei
Member since 2003 • 4334 Posts

And at the end of the day, what? Its the customers that decide how their info is used, you GAVE Sony permission to use any information you intentionally provided for them. What, you think any online service is without risks? Theres hackers everywhere, your SSN can be accessed by almost any government agency, they can erase you from existence if they wanted to. Major banks are constantly getting cyberattacked, almost on a weekly basis. And taking this into account, ultimately its up to the individual what they provide for services online.

This is why I limit what I put on the internet and throughly research a company or website before giving them information about me. Sony doesn't have my CC info or SSN (that I gave them intentionally, for all I know they probably do have it).

I have no reason to sue Sony, considering their service is free and I can play games online, for free. Until this changes, I have no problem with this.

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JayhawkWS6

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#14 JayhawkWS6
Member since 2011 • 25 Posts

And at the end of the day, what? Its the customers that decide how their info is used, you GAVE Sony permission to use any information you intentionally provided for them. What, you think any online service is without risks? Theres hackers everywhere, your SSN can be accessed by almost any government agency, they can erase you from existence if they wanted to. Major banks are constantly getting cyberattacked, almost on a weekly basis. And taking this into account, ultimately its up to the individual what they provide for services online.

This is why I limit what I put on the internet and throughly research a company or website before giving them information about me. Sony doesn't have my CC info or SSN (that I gave them intentionally, for all I know they probably do have it).

I have no reason to sue Sony, considering their service is free and I can play games online, for free. Until this changes, I have no problem with this.

KamuiFei
After the hacking incident back in April, Sony has spent a lot of time telling us that our information is safe with them. They've beefed up cyber security. That's all great. But they do still have sensitive information for many people that would be at risk from another cyber attack. Another hypothetical; a new PS3 update comes out that bricks a lot of PS3's. You can no longer be party to a class action suit filed for those that were affected. These are all highly unlikely situations. I just want people to be informed that Sony has provided a means to opt out of their class action waiver. I in no way condone frivolous lawsuits or suing Sony under petty circumstances, and hope that I am never part of any lawsuit as defendant or plaintiff. Do what you will with the information. I'll take few minutes to send the letter to Sony opting out.
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MonkeySpot

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#15 MonkeySpot
Member since 2010 • 6070 Posts

Sony doesn't have any useful info on me after the April thing, and they never will. If they feel like losing my email ("go****yourselfsonyexecs@aol.com") then they're welcome to do so. No credit card, no real address... They can sit followed by a nice long spin.

:lol:

Thank you TC for posting this very pertinent info, though. You do indeed rock, m'friend!!! You (and your law-talkin' friend) are genuine friends and assets to the gaming community at-large!!! We could use a few more such as yourself 'round here!!!

:)

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Jackc8

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#16 Jackc8
Member since 2007 • 8515 Posts

I don't care. I'm perfectly happy playing games on my PS3 exactly the way Sony intended. If I couldn't enjoy gaming without hacking my console and suing people, I wouldn't have taken up the hobby in the first place.

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HGAT

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#17 HGAT
Member since 2008 • 1366 Posts

I don't care. I'm perfectly happy playing games on my PS3 exactly the way Sony intended. If I couldn't enjoy gaming without hacking my console and suing people, I wouldn't have taken up the hobby in the first place.

Jackc8

What happens if your PS3 is bricked by an update? Yeah didn't quite think that one through cause it will be tough luck for you if Sony say '' it wasn't us and you can't prove it and even if you can you signed your rights away LOL''

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MonkeySpot

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#18 MonkeySpot
Member since 2010 • 6070 Posts

[QUOTE="Jackc8"]

I don't care. I'm perfectly happy playing games on my PS3 exactly the way Sony intended. If I couldn't enjoy gaming without hacking my console and suing people, I wouldn't have taken up the hobby in the first place.

HGAT

What happens if your PS3 is bricked by an update? Yeah didn't quite think that one through cause it will be tough luck for you if Sony say '' it wasn't us and you can't prove it and even if you can you signed your rights away LOL''

THIS.

Look, I don't want to fuel the paranoia train, but this agreement does effectually strip you of your rights as a consumer where Sony is concerned with it's wording. This is not "The Sky Is Falling", but it certainly IS lawyers testing the waters for what they can get their clients away with. If you think Sony has warm fuzzies just because Kaz has a nice easy way about him and they coughed up some "free" software, you'd be wrong. Sony is beginning to erect a beach like Normandy with this recent agreement. They are preparing themselves for a (possible or eventual) consumer D-Day landing, and if you need a graphic example of what they are thinking, watch the first 25 minutes of "Saving Private Ryan" again. They want lawyer-machinegun nests set up to mow down every consumer soldier who leaves the troop transport, and no mistake.

This **** should not be taken lightly.

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JohnF111

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#19 JohnF111
Member since 2010 • 14190 Posts

I love how everyone are making this a universal "OMG you no longer have consumer rights!!". Yes you do, just because you can't join or create a class action suit doesn't mean your helpless, you still have warranty, servicing and not to mention consumer help, and when last was an update released that caused a class action suit, if an update bricking your PS3 is the best you can come up with as fuel against this new term from Sony then god help us all.

Oh yeah and you can still sue Sony just don't expect millions of others to join in on the drain train.

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JayhawkWS6

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#20 JayhawkWS6
Member since 2011 • 25 Posts
I love how everyone are making this a universal "OMG you no longer have consumer rights!!". Yes you do, just because you can't join or create a class action suit doesn't mean your helpless, you still have warranty, servicing and not to mention consumer help, and when last was an update released that caused a class action suit, if an update bricking your PS3 is the best you can come up with as fuel against this new term from Sony then god help us all.JohnF111
Thank you for bringing your opinion to the table. I believe you are exaggerating and putting words in my, as well others', mouth. I expressly stated that this new ToS is stripping us of A, singular, right. I'm in no way trying to create a panic but merely informing gamers of what they are agreeing to. I've already spoken with several of my friends that are attorneys on the subject. They, for the most part, agree that this would not hold up in court. The attorney that is also a member of PSN stated that he would be sending in the written statement because Sony did offer the option to opt out (he created the template I posted). I've provided several examples of how this class action waiver could affect us. I don't think that necessitates a "god help us all" comment. If history is any indicator, once an entity begins down this road, it doesn't get better for the consumer, client, citizen. It is a trend that continues to impact people in a negative manner. I've spent a lot of time trying to get the word out on this matter, and I am very happy to see many receive it well. Cheers
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mylast_words

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#21 mylast_words
Member since 2011 • 25 Posts
It's not just giving up your rights to a class action suit, but also the right to SUE them in court. It binds you to arbitration, which is a non-lawful process (my wording might be misleading there, an out of court process) whereby your case is determined by a mediator. Just an FYI, I could be that mediator, and I could decide that you have no case, no matter what information you provide. In that case your next recourse is the courts, which you can no longer use as you've waived your rights to sue in court. Welcome to binding arbitration.
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JayhawkWS6

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#22 JayhawkWS6
Member since 2011 • 25 Posts
It's not just giving up your rights to a class action suit, but also the right to SUE them in court. It binds you to arbitration, which is a non-lawful process (my wording might be misleading there, an out of court process) whereby your case is determined by a mediator. Just an FYI, I could be that mediator, and I could decide that you have no case, no matter what information you provide. In that case your next recourse is the courts, which you can no longer use as you've waived your rights to sue in court. Welcome to binding arbitration.mylast_words
I mention that in my original post. Thank you for providing some detail into binding arbitration. My friend that drew up the template mentioned that this is very common practice in ToS agreements. Being offered an opportunity to opt out of this clause is something many us should consider.
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DarthJohnova

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#23 DarthJohnova
Member since 2010 • 4599 Posts

Does this apply to EU users too?

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dk00111

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#24 dk00111
Member since 2007 • 3123 Posts
Things like this have really shattered my confidence in Sony lately... The Sony now is very different than the Sony from when the PS3 was first released. It's almost as if they want me to completely switch to PC gaming. If it weren't for their exclusives I would've already left Sony a while back.
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worlock77

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#25 worlock77
Member since 2009 • 22552 Posts

[QUOTE="Jackc8"]

I don't care. I'm perfectly happy playing games on my PS3 exactly the way Sony intended. If I couldn't enjoy gaming without hacking my console and suing people, I wouldn't have taken up the hobby in the first place.

HGAT

What happens if your PS3 is bricked by an update? Yeah didn't quite think that one through cause it will be tough luck for you if Sony say '' it wasn't us and you can't prove it and even if you can you signed your rights away LOL''

You wouldn't be able to prove that a software update caused a hardware malfuction anyway, so...

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worlock77

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#26 worlock77
Member since 2009 • 22552 Posts

And so you agree to not join in a class action suit against Sony. Big deal. Personally speaking I'd never be a party to a class action suit anyway (and have, indeed, declined to do so in the past). They just seem kinda sleazy to me.