EA Adopts "Can't Sue Us." Terms of Service
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No, they said YOU can't sue THEM. They can still sue you're ass though. And have to, since everyone in the US has a right to a trial-by-jury.TonyCapa said:
OT: They added this on August 25. Kind of late to the party, but it's worth noting that you can opt-out of it. They give you 30-days starting right when this was added to opt-out. Which means in the US you have about 10 hours to send EA a letter saying you opt-out, and hope to christ that it gets to them in time.
And that's 30 days at the start of the addition, not 30 days at the start of you agreeing. So yeah.
EA could actually shoot themselves in the foot with this.
Think of an organization like Anonymous. Individuals are not known. Groups like them could violate the ToS all day, and EA would have no rights to sue. Lets say a group like Anon, was to hack into, lets say, The Old republic, and bring the servers down when it is released. EA would have no recourse, except to file individual suits against everyone involved, which would cost them LOADS of money. And that would only be if they were able to identify the individuals.
Considering the world of pre-paid credit cards, and online gaming cards, you dont have to give any real information to the company. Then taking into account IP address maskers, this complicates everything further.
And individual could still sue them, but lets face it, it is easier to have a class action suit with thousands of people in one for the plantiffs. BUT how much would the legal costs be to EA if 10,000 people sued individually? EA's legal department would be working triple shift overtime.
Of course, it isnt effective for one person to sue a large company of a couple hundred dollars considering legal fees. BUT, with the way court rulings are done here in America, once the first case is decided in the favor of the Plantiff, ALL cases will follow suit. So a law Frim could end up, instead of having on case with 10,000 plantiffs, only need 1 case with 1 person to win. Then EVERY suit following that one would be in favor of the Plantiff. Basically the law firm would make the same amount of money, it would just take longer.
Think of an organization like Anonymous. Individuals are not known. Groups like them could violate the ToS all day, and EA would have no rights to sue. Lets say a group like Anon, was to hack into, lets say, The Old republic, and bring the servers down when it is released. EA would have no recourse, except to file individual suits against everyone involved, which would cost them LOADS of money. And that would only be if they were able to identify the individuals.
Considering the world of pre-paid credit cards, and online gaming cards, you dont have to give any real information to the company. Then taking into account IP address maskers, this complicates everything further.
And individual could still sue them, but lets face it, it is easier to have a class action suit with thousands of people in one for the plantiffs. BUT how much would the legal costs be to EA if 10,000 people sued individually? EA's legal department would be working triple shift overtime.
Of course, it isnt effective for one person to sue a large company of a couple hundred dollars considering legal fees. BUT, with the way court rulings are done here in America, once the first case is decided in the favor of the Plantiff, ALL cases will follow suit. So a law Frim could end up, instead of having on case with 10,000 plantiffs, only need 1 case with 1 person to win. Then EVERY suit following that one would be in favor of the Plantiff. Basically the law firm would make the same amount of money, it would just take longer.
Lets assume for a moment that this shit was upheld by law:
-You can't threaten lawsuit at all. This opens the door for full-fledged legal extortion. Transaction doesn't go through? EA installs spyware onto your computer without your consent? Too bad. You can't ever take them to court.
I'd say that anyone who understands and accepts those terms willingly is a fucking idiot.
-You can't threaten lawsuit at all. This opens the door for full-fledged legal extortion. Transaction doesn't go through? EA installs spyware onto your computer without your consent? Too bad. You can't ever take them to court.
I'd say that anyone who understands and accepts those terms willingly is a fucking idiot.
One cannot disclaim criminal liability or otherwise attempt to circumvent rights provided by law to a client within a EULA/TOS. That would be tantamount to allowing freely-entered private contracts (such as EULA/TOS) to trump the details and context of federal law -- which is rubbish.
So not to worry, I doubt very highly that this can hold up in court (Sony's either?) Won't stand up.
Cheers,
-Aes
So not to worry, I doubt very highly that this can hold up in court (Sony's either?) Won't stand up.
Cheers,
-Aes
I miss the days when companies didn't try to nickel and dime customers or treat paying consumers like a bunch of criminals while letting hypocritical and awful CEOs run them.
Some more details. http://www.ngohq.com/news/20584-eas-new-user-agreement-bans-lawsuits.html
By entering into this Agreement, you and EA expressly waive the right to a trial by jury or to participate in a class action. This agreement is intended to be interpreted broadly. It covers any and all disputes between us ("Disputes"), including without limitation:
1. claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
2. claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising);
3. claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
4. claims that may arise after the termination of this Agreement.
Read more: http://www.ngohq.com/news/20584-eas-new-user-agreement-bans-lawsuits.html#ixzz1YtlOTvBc
1 kind of scares me. They could pull fraud on me and I couldn't sue them? How the hell would they get away with that?
By entering into this Agreement, you and EA expressly waive the right to a trial by jury or to participate in a class action. This agreement is intended to be interpreted broadly. It covers any and all disputes between us ("Disputes"), including without limitation:
1. claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
2. claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising);
3. claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
4. claims that may arise after the termination of this Agreement.
Read more: http://www.ngohq.com/news/20584-eas-new-user-agreement-bans-lawsuits.html#ixzz1YtlOTvBc
1 kind of scares me. They could pull fraud on me and I couldn't sue them? How the hell would they get away with that?
Really?TwitchyGamer101 said:
I haven't seen anything make me sign a updated EULA recently.
EDIT:
Ahh, it was a month ago.
What exactly needs to be in the letter to opt out?
Or can I send an email?
Frankly I think that all those terms of agreements forms are bull. It's not reasonable to expect people to read through 60-odd pages of legalese to play a game. I don't think those things should be legal.
No no no. The EULA says you can't bring a class action suit against them. That doesn't mean you cannot sue them. You can still sue EA, this EULA does not prevent that, but you just can't sue them with a whole bunch of your buddies.Irridium said:
It's really kind of underhanded that the internet is manipulating "no class action lawsuits" into "no lawsuits whatsoever".
Take off the rose tinted glasses: those days never existed.TokenRupee said:
Also, the first thing you learn in business school is to never, EVER trust your customer. As soon as you give your customer a little trust, they will take that trust and screw you over with it. Not trusting your customer is good business practice. I'm really sick of people expecting companies to treat them like kings.
I hate to say it, but I see why they're doing this. People--especially in the United States--throw lawsuits around like crazy. It's gotten to the point where if you don't like something from the company, or they didn't do it the way you wanted them to, someone will sue. Remember the lady who spilled coffee on herself while driving, sued McDonald's because the coffee wasn't marked "Caution: HOT" and ended up winning the case? How about the man who lost a pair of pants at a dry cleaner's and sued the owners for 54 million dollars?
So yeah, I can see why EA is doing this. Do I think that protecting themselves from frivolous, stupid lawsuits is the only reason they're doing this? No. Trying to make sure they don't get caught like Sony is probably the main reason. Will it hold up in court? Unlikely...but then that lady did win her case against McDonald's, so who can say.
So yeah, I can see why EA is doing this. Do I think that protecting themselves from frivolous, stupid lawsuits is the only reason they're doing this? No. Trying to make sure they don't get caught like Sony is probably the main reason. Will it hold up in court? Unlikely...but then that lady did win her case against McDonald's, so who can say.
Well, those terms doesn't apply for Europeans so I just might go ahead and sue the socks of EA just for the hell of it.
Wasn't that a myth? Those suing escapades flies around like crazy.Sniper Team 4 said:
Surely that won't hold if there is a serious case? SURELY this doesn't make them immune from legal precedings?