Opt Out of EULA Class-Action Prevention Clauses With Ease

[legend forge]

So... is anyone else having difficulty actually using their site?

The web form appears to lack a confirm button. (Ticks / Okay's beside each field, before anyone asks). There's a 'Go back / Cancel' button, but..

Same happened to me, I am assuming you are from Canada or some other place that the EULA doesn't apply (Canada myself). The Canadian court system got ahold of an EULA with this type of clause and said something to the effect of HAHA NO! So it doesn't apply to us!

 

[Fensfield]

Same happened to me, I am assuming you are from Canada or some other place that the EULA doesn't apply (Canada myself). The Canadian court system got ahold of an EULA with this type of clause and said something to the effect of HAHA NO! So it doesn't apply to us!

I'm in Australia and CANNOT submit this form despite the fact that the EULA DOES apply here! And considering we still have a queen and have the Union Jack in the corner of our flag we are still technically a part of the UK and the EULA applies THERE as well!

Yes, I'm afraid I'm also from England. To my knowledge the EULA applies here also.

Interestingly, someone told me it might be blocking scripts causing the confirm button to not appear, and I've been having trouble getting https confirmation out of the site. That said, I'm not doing any sort of script blocking, to my knowledge.

 

[mjc0961]

Regardless, if you're intent on opting out of these clauses, either because you want to take part in a lawsuit or because you just like giving large corporations the finger, now you can do so without having to deal with that unpleasant stamp taste.

They still make stamps you have to lick? I haven't seen those in a long time. Of course, you still have to lick envelopes... :/

 

[The Random One]

Can't they just give out instructions on how to do so? I don't have any problems with snail mail, but I don't even know if that will work for me in here. I just need some instructions.

 

[Irridium]

What about how Origin's EULA says you waive your right to a trial-by-jury.

You know, something guaranteed by the US Constitution's Seventh Amendment.

http://tos.ea.com/legalapp/WEBTERMS/US/en/PC/#section20

Section 20, in bold.

This provision applies to all consumers to the fullest extent allowable by law, but expressly excludes residents of Quebec, Russia, Switzerland and the Member States of the European Union. By accepting these terms, you and EA expressly waive the right to a trial by jury or to participate in a class action.

What the fuck about that? Is EA above the Constitution now?

 

[Ghengis John]

Regardless, if you're intent on opting out of these clauses, either because you want to take part in a lawsuit or because you just like giving large corporations the finger, now you can do so without having to deal with that unpleasant stamp taste.


Permalink

I have this little thing, it's like a bottle with a sponge on top. It also lets me avoid that stamp taste without booting up the computer. And the top just pops right off, see? *pop* It just pops right off. See? *pop* You just pop it off see? *pop*

 

[SL33TBL1ND]

What about how Origin's EULA says you waive your right to a trial-by-jury.

You know, something guaranteed by the US Constitution's Seventh Amendment.

http://tos.ea.com/legalapp/WEBTERMS/US/en/PC/#section20

Section 20, in bold.

This provision applies to all consumers to the fullest extent allowable by law, but expressly excludes residents of Quebec, Russia, Switzerland and the Member States of the European Union. By accepting these terms, you and EA expressly waive the right to a trial by jury or to participate in a class action.

What the fuck about that? Is EA above the Constitution now?

Well, these clauses were never going to hold up in court in the first place, we're just doing this to send a "fuck you" to them.

 

[Orry]

Well, these clauses were never going to hold up in court in the first place, we're just doing this to send a "fuck you" to them.

Precedent (in the US) says they do, hence EA and Sony adding them in the first place.

 

[Orry]

double post

 

[Something Amyss]

Pretty sure that you can do it anyway if you have a legitimate case. They wouldn't get custody of your kids just because they'd written it in their bloody EULA.

They would definitely try, though.

 

[Something Amyss]

Regardless, if you're intent on opting out of these clauses, either because you want to take part in a lawsuit or because you just like giving large corporations the finger, now you can do so without having to deal with that unpleasant stamp taste.


Permalink

I have this little thing, it's like a bottle with a sponge on top. It also lets me avoid that stamp taste without booting up the computer. And the top just pops right off, see? *pop* It just pops right off. See? *pop* You just pop it off see? *pop*

They also have no-lick stamps. the ones they sell over the counter at my PO are ALL like that. I didn't even known they still sold ones you needed to lick.

 

[SL33TBL1ND]

Well, these clauses were never going to hold up in court in the first place, we're just doing this to send a "fuck you" to them.

Precedent (in the US) says they do, hence EA and Sony adding them in the first place.

You're kidding right? It's your constitutional right they're trying to restrict. Believe me, it won't work.

 

[Ghengis John]

They also have no-lick stamps. the ones they sell over the counter at my PO are ALL like that. I didn't even known they still sold ones you needed to lick.

You know I've been meaning to ask you forever, what is your avatar? It reminds me of KOF's Leona Heidern.

 

[SelectivelyEvil13]

Meh. I shall stick to not buying their shit.

Samesys. Oh yeah, samesys, EA and Sony!

Seriously, though, I am not a fan of the legal hoola-hoops these companies try to jump through with Terms of Service "agreements," and it doesn't do anything to me to not buy from them (because I wasn't anyway!). My PS3 became a primary Blu-Ray player pretty much the day it was purchased, and I've had one too many bad experiences with EA's idea of quality, so all they're doing is giving me an actual reason to object to supporting them ha ha!

Well, these clauses were never going to hold up in court in the first place, we're just doing this to send a "fuck you" to them.

Precedent (in the US) says they do, hence EA and Sony adding them in the first place.

You're kidding right? It's your constitutional right they're trying to restrict. Believe me, it won't work.

That is precisesly the principal of the matter that I find disturbing. Yes, there is the argument/excuse "well nobody reads those things!" but it goes deeper than that as far as legal agreements go. It simply cannot be boiled down to such simplistic scenarios of "sign it or move along" given the current nature of ToS being delivered after a purchase (and carefully hiding the more devious parts amongst paragraphs of drivel). There was once a time when writing your name in blood constituted as a deal with the devil, and if these types of actions become the status quo for companies, then all it will take is checking a box.

 

[scienceguy8]

I have an EA account. I got it when I got Mirror's Edge on Steam so that I could participate on the leader boards for timed trials. While I do not expect to ever use Origin I sent in an opt-out letter thanks to these guys. Also, since I'm a big fan of a little something called "consumer rights", I donated a few bucks under the name of my open-source hardware company. Who cares that I have only made one product and that it is now discontinued? Gilberti Industries will rise again!

 

[octafish]

So... is anyone else having difficulty actually using their site?

The web form appears to lack a confirm button. (Ticks / Okay's beside each field, before anyone asks). There's a 'Go back / Cancel' button, but..

Same happened to me, I am assuming you are from Canada or some other place that the EULA doesn't apply (Canada myself). The Canadian court system got ahold of an EULA with this type of clause and said something to the effect of HAHA NO! So it doesn't apply to us!

I'm in Australia and CANNOT submit this form despite the fact that the EULA DOES apply here! And considering we still have a queen and have the Union Jack in the corner of our flag we are still technically a part of the UK and the EULA applies THERE as well!

Cool your boots, you can thank the Trade Practices Act of 1974 for protecting your rights as a consumer in Australia. No one can make you sign away your rights down here so relax. Also Sony treats Australia as part of Europe so they haven't changed their ToS for Australia. Maybe they think we are Austria?

I have a high-school friend who is a copyright lawyer and she has a friend who is a class action specialist and he is the one who told me that it won't hold water in Australia. A friend of a friend, yes, but I did hear it directly from a class action lawyer.

Also. We still have a Queen and the Union Jack on our flag makes us a part of the UK? What are they teaching you kids these days? We have been an independent nation with our own laws since Federation in 1901. Christ. We are as much a part of the UK as India, Canada or New Zealand.

snip
You're kidding right? It's your constitutional right they're trying to restrict. Believe me, it won't work.

The U.S. Supreme Court seems to think it is ok.

 

[SL33TBL1ND]

So... is anyone else having difficulty actually using their site?

The web form appears to lack a confirm button. (Ticks / Okay's beside each field, before anyone asks). There's a 'Go back / Cancel' button, but..

Same happened to me, I am assuming you are from Canada or some other place that the EULA doesn't apply (Canada myself). The Canadian court system got ahold of an EULA with this type of clause and said something to the effect of HAHA NO! So it doesn't apply to us!

I'm in Australia and CANNOT submit this form despite the fact that the EULA DOES apply here! And considering we still have a queen and have the Union Jack in the corner of our flag we are still technically a part of the UK and the EULA applies THERE as well!

Cool your boots, you can thank the Trade Practices Act of 1974 for protecting your rights as a consumer in Australia. No one can make you sign away your rights down here so relax. Also Sony treats Australia as part of Europe so they haven't changed their ToS for Australia. Maybe they think we are Austria?

I have a high-school friend who is a copyright lawyer and she has a friend who is a class action specialist and he is the one who told me that it won't hold water in Australia. A friend of a friend, yes, but I did hear it directly from a class action lawyer.

Also. We still have a Queen and the Union Jack on our flag makes us a part of the UK? What are they teaching you kids these days? We have been an independent nation with our own laws since Federation in 1901. Christ. We are as much a part of the UK as India, Canada or New Zealand.

snip
You're kidding right? It's your constitutional right they're trying to restrict. Believe me, it won't work.

The U.S. Supreme Court seems to think it is ok.

Well, good thing I live in Aus, though. I just feel for our US buddies on this one.