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Sony's Terms and Conditions May Challenge Lawsuit

April 27, 2011 in News comments 19

PlayStation Network down lately and getting worse is the situation with the information that has been compromised on the PSN. Apparently the Terms and Conditions had some interesting wording that may void out the recent class action lawsuit.

Hitman0769 via examiner.com »
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  • 1
    Province Apr 28, 11
    Knew they'd have their arses covered, although to be perfectly honest thats rather underhanded since this whole debacle is their fault.
    • 3
      FinalFantasyFanaticc Apr 28, 11
      So it's Sony's fault an insane amount of hackers attacked the PSN and took it down, stealing our information and potentially selling it to the black market? Yeah, this is all just one big conspiracy theory ain't it?! ; ;
    • 2
      ShadowGuard Apr 28, 11
      how is this underhanded. ALL companies have millions of conditions like this. You are an idiot if you actually consider this underhanded. That is the whole point of the ToS.
      • 1
        Seproth Apr 28, 11
        I'd say your the idiot for thinking that just because "everyone" does it makes it any less underhanded. Sure it's the norm now, but it's still a way of going. "Alright, so... we might have a monster *bleep* up, but promise you won't be mad ok??"
        • 1
          ShadowGuard Apr 28, 11
          no, all government agencies established rules. Like I gave the example on another article. You cannot sue a baseball field when they have the sign "we are not held responsible for any damages done by foul balls." This is not just "everyone does it, so it is alright." This is how it was legally mandated to be done. I cant believe you actually used the "if everyone does is it..." line. grow up dude.

          hopefully you read Drogo Baggins' post because he is actually seems to know what he is talking about...
        • 0
          Drogo Baggins Apr 28, 11
          quote ShadowGuard
          hopefully you read Drogo Baggins' post because he is actually seems to know what he is talking about...
          Haha, I'm glad I made sense. I wasn't sure if I made my point correctly or not.
        • 0
          Seproth Apr 28, 11
          Well, you've completely misunderstood what I said. You're saying it's not wrong just because it's status quo, that's not how it works. I'm well aware that all companies do this.

          My point is that it's still underhanded.

          Also, you show me a baseball field that has a sign that reads "if we lose your payment information...uh it's not our problem"
        • 0
          Drogo Baggins Apr 29, 11
          I personally think that "underhanded" would be more like if they had a clause in their terms of service that said they can just give out your info at will. And even then, I'd only find it truly underhanded if they took full advantage of it and started selling your information to people.

          Here, they're just defending themselves.
        • 0
          ShadowGuard Apr 29, 11
          lol because once you pay to get into the baseball field, that is the end of the transaction. the PSN is an on-going transaction between the company and the customer. If someone robbed the baseball field WHILE YOU WERE THERE, you would not be effected at all. Baseball fields do not store such information in the same way the PSN does. It is not like someone could steal your card information from them.
        • 0
          Seproth Apr 29, 11
          No shit, that's what makes that example (your example btw) *bleep*ing terrible. They don't compare at all.
        • 0
          ShadowGuard Apr 30, 11
          no, YOUR example of a credit card sign at a baseball field is a terrible example. MY parking hit by foul ball sign example is right on da money! Dont be stubborn.
        • 0
          Seproth May 1, 11
          I'm not being stubborn.

          You expect foul balls at a game, that's what happens.
          PSN you give money, you get content. That's what happens. That's what's expected, but now they've lost all my info. Completely unexpected, and completely their responsibility.

          It's the reason slippery floor signs were invented, they warn you not to go there without caution. Sure it's a way not to get sued, but it's also fair warning.

          Bottom line, I was under the impression PSN was safe, and it clearly wasn't safe enough. Had I known, I would have used pre-paid cards instead.
        • 0
          Drogo Baggins May 1, 11
          quote Seproth
          It's the reason slippery floor signs were invented, they warn you not to go there without caution. Sure it's a way not to get sued, but it's also fair warning.

          Bottom line, I was under the impression PSN was safe, and it clearly wasn't safe enough. Had I known, I would have used pre-paid cards instead.
          No system is bulletproof and it's insane to think that one can be.
        • 0
          Seproth May 1, 11
          I know, but it's normally like a handful of people getting fished, not *bleep*ing everyone at once. That's laughable.
      • 0
        Shinobi_razor Apr 28, 11
        just because most all companies have terms like this doesnt make it right.
      • 1
        Drogo Baggins Apr 28, 11
        quote ShadowGuard
        how is this underhanded. ALL companies have millions of conditions like this. You are an idiot if you actually consider this underhanded. That is the whole point of the ToS.
        I actually agree.

        It may not be nice, but Sony is a company, not your friend. It's only natural and smart for any company to look out for themselves first in situations like this, otherwise they could get sued out of existence.

        You think you're mad about PSN being down for a week? Imagine if hordes of people could sue them over this. PSN would probably never be back up because Sony wouldn't even have the money to run it. Either that, or they'd possibly just discontinue PSN out of spite.

        On top of that, people are suing Sony for being attacked, which is asinine. I realize that they should have better security, but no system is safe and the bottom line is that they were attacked. It's not their fault.

        It would be like suing your banker because he got his ass kicked by someone who wanted your info and he told them everything. Then you claim, "well, I know bankers aren't usually attacked like this, but he still should have learned some jiu-jitsu and boxing before I trusted him with my information."

        The attackers are the ones who should be getting sued, not the one's who got attacked. There are always multiple sides to a story, so I'm absolutely open to other opinions, but Sony getting sued for this currently makes no sense to me based on what I know of the situation.
  • 0
    Province Apr 29, 11
    You give someone your private details then it is by law their responsibility to protect them. Data Protection Act and all that malarky. Sony, or any company for that matter, can't just point to a small section of the ToS and expect liable immunity. The whole debate about a banker is true, but this isn't a banker we're talking about. It was one of the most widely used online services ever made, and it was hacked. Then they tried to hide it, then they tried to deny it, then finally after much time passes they admit our personal details may or may not have been stolen and now finally they claim they're in the clear. Sound underhanded to you? No? Well it does to me and that the only opinion I value on an internet game discussion site.
    • 1
      ShadowGuard Apr 29, 11
      quote Province
      You give someone your private details then it is by law their responsibility to protect them.
      Wrong, that is why companies have Terms of Services. If you cannot understand the concept of a ToS, then you cannot be debated with.
    • 1
      Shinobi_razor Apr 30, 11
      its actually not. once you willingly provide your information, they dont have to keep it safe. it IS however good business sense to do so, and not act all indifferent about it like Sony is doing. they cant exactly get into legal trouble but they can get a bunch of pissed off fans.

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