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While one fight ends, another is raging with TB and JB-King in fierce competition for the majority of dongle buyers.
One November day in 2011, a PS3 user was having a merely innocent gander at Sony's new T.O.S when the thought occured to file a lawsuit against Sony for their degrading and unempowering change in conditions, basically stripping all who agree to it (the next time you signed into the PSN) powerless against the flagship of a company.
Here is a small quote from the gutsy man's court case:
"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."
While its needless to say that the little guy is almost 99.99% guaranteed to get palmed off as an annoyance (the court case was dismissed), it seems that basically anyone who decides to go up against Sony is almost certain to get burned.
Give your opinion below on what you think of the current T.O.S and this man's ballsy move!
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Comments
$ony is just a fucking company with the dectatorship stuff. Man they do whatever they want, whenever they want. This is just so unfair!! And if you don't agree with them, you have no PSN access thus, no internet, online play for your already bloody bought PS3 Games and PS3. WTF?? I might not agree with them, but if I don't, then no PSN for me. Like they change the T.O.S. as they want. WTF? So fucking unfair!!
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thats why i kick my ps3 in the trash i will not buy any sony any more i will kcikc them break thembefor i eveing sell it or give it away yea 360 rrd but hey i can deal with that over a a shit company sony
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"important if you update the PS3 system software. you will not be able to use "other OS".
Carefully read the following information before choosing to update the PS3.
......
By installing this system software you also agree not to sue Sony computer entertainment."
I got that message prior to updating from 3.00 to 3.55
if that doesnt sound shady I dont know what does.
Reply