qubit
Overclocked quantum bit
- Joined
- Dec 6, 2007
- Messages
- 17,865 (2.87/day)
- Location
- Quantum Well UK
| System Name | Quantumville™ |
|---|---|
| Processor | Intel Core i7-2700K @ 4GHz |
| Motherboard | Asus P8Z68-V PRO/GEN3 |
| Cooling | Noctua NH-D14 |
| Memory | 16GB (2 x 8GB Corsair Vengeance Black DDR3 PC3-12800 C9 1600MHz) |
| Video Card(s) | MSI RTX 2080 SUPER Gaming X Trio |
| Storage | Samsung 850 Pro 256GB | WD Black 4TB | WD Blue 6TB |
| Display(s) | ASUS ROG Strix XG27UQR (4K, 144Hz, G-SYNC compatible) | Asus MG28UQ (4K, 60Hz, FreeSync compatible) |
| Case | Cooler Master HAF 922 |
| Audio Device(s) | Creative Sound Blaster X-Fi Fatal1ty PCIe |
| Power Supply | Corsair AX1600i |
| Mouse | Microsoft Intellimouse Pro - Black Shadow |
| Keyboard | Yes |
| Software | Windows 10 Pro 64-bit |
In perhaps one of the more ironic legal moves to be seen recently, Sony's clause in its Terms of Service preventing PlayStation 3 owners from filing class action lawsuits has itself attracted a class action lawsuit! The lawsuit was filed in Northern California in November, by a man on behalf of PS3 owners who signed up for the PlayStation Network before September, when the ToS were updated and this anti-class action clause added.
The killer clause is buried deep into the contract and is very hard to spot, requiring the contract to be read all the way through with a fine toothcomb - if the reader can rise to the challenge of reading the complicated and dry legalese it's written in. Compounding the problem is that the agreement isn't even readily available online for anyone to study - it can only be viewed on the PS3 itself (so the console is already used before you can even see the agreement - hardly fair?) and appears near the bottom of the 21-page form. Previous agreements had been posted online for anyone to inspect. On top of that, the only way of opting out of it, is to mail a physical letter to Sony within 30 days of agreeing to the ToS - very inconvenient and likely to be forgotten by the average person. The main thrust of the lawsuit are allegations of unfair business practices, since PS3 owners are forced to choose between forfeiting their rights or access to the PSN. Note that since Sony introduced this clause, Electronic Arts and Microsoft have both introduced similar clauses, which doesn't put them in a very good light either and potentially at the receiving end of a lawsuit themselves.
In its defence, Sony points to a previous Supreme Court ruling, which allowed it to do something like this. In it, the court ruled that AT&T was legally allowed to include clauses in employees' contracts preventing them from taking part in class action lawsuits against the company. We'll see if that ruling applies to this case and hopefully this effort won't be a complete flop for PS3 owners like the OtherOS lawsuit recently.
View at TechPowerUp Main Site
The killer clause is buried deep into the contract and is very hard to spot, requiring the contract to be read all the way through with a fine toothcomb - if the reader can rise to the challenge of reading the complicated and dry legalese it's written in. Compounding the problem is that the agreement isn't even readily available online for anyone to study - it can only be viewed on the PS3 itself (so the console is already used before you can even see the agreement - hardly fair?) and appears near the bottom of the 21-page form. Previous agreements had been posted online for anyone to inspect. On top of that, the only way of opting out of it, is to mail a physical letter to Sony within 30 days of agreeing to the ToS - very inconvenient and likely to be forgotten by the average person. The main thrust of the lawsuit are allegations of unfair business practices, since PS3 owners are forced to choose between forfeiting their rights or access to the PSN. Note that since Sony introduced this clause, Electronic Arts and Microsoft have both introduced similar clauses, which doesn't put them in a very good light either and potentially at the receiving end of a lawsuit themselves.
In its defence, Sony points to a previous Supreme Court ruling, which allowed it to do something like this. In it, the court ruled that AT&T was legally allowed to include clauses in employees' contracts preventing them from taking part in class action lawsuits against the company. We'll see if that ruling applies to this case and hopefully this effort won't be a complete flop for PS3 owners like the OtherOS lawsuit recently.
View at TechPowerUp Main Site
Looks like a touch of Anonymous would help here. 
