PlayStation Network users are receiving emails from Sony Corporation announcing an immediate transfer of its online services operation (including wallets and any funds they contain). Sony Network Entertainment America (SNEA) becomes Sony Network Entertainment International LLC (SNEI), and in the transition, users must agree to a revised terms of service agreement and privacy policy. In particular, Sony asks users to “please review Section 15 of the TOS, which now includes a class action waiver and requires that most disputes be resolved through arbitration.”
Essentially, this means Sony is requiring gamers to waive their rights to take part in any future class-action lawsuits against Sony or else lose access to the features of the PlayStation Network.
How can this possibly hold up in court? Supreme Court case AT&T Mobility LLC v. Concepcion, No. 09-893 finds such consumer contracts prohibiting class actions enforceable, as of April 27, 2011.
Personally, I think this just further emphasizes the fact that all end-user license agreements amount to one-sided negotiations. (I’m thinking of the retail software I purchased in the past where the software license wasn’t visible until after I physically opened the package, yet opening it meant I was no longer allowed to return it to the place of purchase for a refund.) In this case, Sony is renegotiating the terms of essentially an ongoing service agreement, demanding you surrender a right to continue using the service. Perhaps they’re anticipating more lawsuits due to their inability to secure their own network?
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