EA Adopts "Can't Sue Us." Terms of Service

[A-duus]

Nice try EA....

But Danish law state that any "Terms of Service/use" may not put me worse than local consumer laws...

So your Terms of Service don't apply.

 

[MelasZepheos_v1legacy]

I know for a fact that the justice system would bypass this in a heart beat.

Many companies in the US have been adding similar clauses to their contracts for years and not only getting away with it, but screwing over customers with it. And for the most part it has been upheld. I believe there are at least some exceptions now where businesses in some industries can't ask you to waive your right to a trial, but I can't recall which ones.
.

Who? When? Where? How?

Usually I wouldn't have picked up on this but it's my understanding that this is a fairly fundamental human right. Article 10 of the Universal Declaration of Human Rights, the Sixth Amendment, Article 6 of the European Convention of Human Rights.

Not only is the Right to Fair Trial an essential right in all countries that respect the rule of law, but attempting to impede that right is a very serious crime in itself, because it's basically human rights abuse. I know some companies are fine with that, particularly when it's overseas, but you just can't make a claim like you did without backing it up.

 

[jonyboy13]

Ok, fast before I get ninja'd


I still don't understand how this works if it violates so many rights.

 

[JochemDude]

Fair to say that they can't do that where I live, such terms would never uphold. They need to abide by the laws and not by their own rules.

 

[Bob_Dobb]

And yet Bethesda will still try.

 

[Woodsey]

Yeah, if you had a legitimate case, I'm pretty sure a court wouldn't ignore it because of that.

 

[Enizer]

Bethesda?

what will they try?
did they do something?

 

[The Wykydtron]

Assuming American Contract Law isn't too different to English Contract Law, the courts should strike out that particular clause almost immediately if it ever goes to Court

Probably just EA trying to fool some people into thinking they're untouchable

 

[AlexiVolkov]

Money paves the way... EA doing this seems be in response to Sony doing the same thing after receiving legal advice that they could. Most of the courts in the world would laugh this right out of the court room, but in the grand ol USA, money matters, and the more of it you have, the more bizarre shit you can get away with, fucking the legal system in the process.

 

[Liam Riordan]

Like Sony?s terms of service, EA?s don?t apply to everyone; in this case, if you live in ?Quebec, Russia, Switzerland and the Member States of the European Union?, you?re exempt. We?re checking with EA to see if that includes Australia and New Zealand as well.

Sorry USA, you're screwed. Thank God I'm in the UK on this one, but its still a horrid state of affairs.

 

[meepop]

So wait...How do they know you can't sue them? Because surely the ToS is only found when you're installing games or Origin, correct? That only means you can't sue them over games. If you've never bought an EA game before, but have watched playthroughs, walkthroughs, etc. Then doesn't that mean you could sue and bypass this law with the same grievance?

 

[Bob_Dobb]

Bethesda?

what will they try?
did they do something?

Try and sue them like they did to Interplay and Mojang, but I can't hate them because of TES being so awesome.

 

[TonyVonTonyus]

doesn't that mean they can't sue you either, which could technically be worse for them?

 

[Antari]

Well if I wasn't already at a point of, "I'll never buy anything EA makes ever again" ... this would certainly push me over the edge. I'll buy an EA game if the CEO of that company signs a contract MY lawyer has made up.

 

[TheDooD]

So EA I can't sue you when you fuck up, so at the same time I don't need to invest my money in your shitty games anymore. We gotta deal EA?

 

[galdon2004]

It's much like those trucks carrying gravel that say 'not responsible for damages' they are totally responsible they just hope you won't hold them up to it under the assumption that they are telling you the truth.

Those signs are put on the back of dump trucks because of these very real reasons.


1: I don't care how meticulous your maintenance and loading skills are, some of that gravel is going to bounce out of the truck.

2: This gravel can chip the paint of a car following too closely.

3: Some people are too stupid or too pig-headed to realize 1 and 2 on their own

4: Those same morons are quite suehappy.


So, to cover their own asses from suehappy dipshits that think they can tuck up ten feet behind a dump truck and get a free car out of the inevitable paint chip, they put that sign up on the back of the truck. Then, when Retard McSpackypants decides to do so anyways, they can just point to that sign and say "Hey, we gave this guy ample warning not to tailgate our truck, it's his fault his car has paint chips". The courts will agree, rule in favor of the defendant, and justice is served for once.

And yet these trucks drive 10 miles over the speed limit, with no cover to even try to stop the rocks, and PASS cars spraying rocks on the car while it's 'too close'...

 

[Kopikatsu]

doesn't that mean they can't sue you either, which could technically be worse for them?

If you'll notice, EA waived their right to take you to court as well.

PIRATE THEIR SHIT.

Yes. Yes, they did.

Agree to the EULA, and if they do something that pisses you off, do something to piss them off. Vengeance makes the world go 'round.

 

[Stall]

You are waiving class action suits. You can still sue them, but it just has to be in an individual capacity. Don't people fucking read anymore? This thread pissed me off, because people clearly are exploiting the wording in EA's EULA and making them look bad.

If you'll notice, EA waived their right to take you to court as well.

PIRATE THEIR SHIT.

...that contract isn't legally binding until you agree to it. If you don't agree to it, then you and EA do not waive the right to sue. And EA can still sue you. It just can't file a class action lawsuit against you.