News

EA adopts 'can't sue us in class action' Terms of Service
Posted: 24.09.2011 07:50 by JonahFalcon Comments: 32
It seems Electronic Arts has joined Sony in including "due not sue" language in their Terms of Service, which is an attempt to cut off the cusomer's right to class action suit.

The new Terms of Service has phrases like this:

By accepting these terms, you and EA expressly waive the right to a trial by jury or to participate in a class action.

And:


YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND EA ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

And:

YOU AND EA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Once again, in order to opt out of EA's ToS, you must send the company a letter, and it must be received within 30 days of a new terms of service being issued. That leaves a lot of people in the lurch since the last one was updated August 25, and today is September 25.

In addition, just as with Sony's terms of service, EA's doesn't apple to those people living in Quebec, Russia, Switzerland and the Member States of the European Union. Basically, those of you in North America, you're out of luck.

Thanks to the US government allowing AT&T to get away with this sort of legal trap, it's opened the door to this sort of thing in the videogame industry.
Source: Kotaku

Comments

By unsilviu (SI Core) on Sep 24, 2011
unsilviu
WTF, this goes against anything in the spirit of the law... good thing I'm in the EU, I guess.
By SirRoderick (SI Elite) on Sep 24, 2011
SirRoderick
What the....

They can do that?!
By FoolWolf (SI Elite) on Sep 24, 2011
FoolWolf
Good for us that they update their software and changes their EULA every other week then - since you are required to accept the EULA - you will have another go to sign a letter.
If you however don't have these sort of legal proceedings in your country - you can't sign away any rights...
By Jasca_Ducato (SI Core) on Sep 24, 2011
Jasca_Ducato
Indeed, there are some basic rights you just can't legally sign away, no matter what a company puts into their terms and conditions. I'm pretty sure the option to sue them is one of them.
By JustCommunication (SI Core) on Sep 24, 2011
JustCommunication
Thing is though, as Jonah pointed out in the news post, AT&T were allowed to get away with it, so who knows what would happen in court.
By JonahFalcon (SI Elite) on Sep 24, 2011
JonahFalcon
Well, someone could always start a class action suit over the terms of service as a constitutional rights case.
By Jasca_Ducato (SI Core) on Sep 24, 2011
Jasca_Ducato
JonahFalcon: Funnily enough, I was thinking about that just a few hours ago. I think the fact that it only affects individuals in the USA goes to show that it's a loophole in the US legal system that these companies are exploiting.
By GERGE (SI Newbie) on Sep 25, 2011
GERGE
I don't know about the US but here in Turkey, and as far as I know in Europe, this kind of an agreement is void. Even if you want to give away your rights, you can't. So, I keep wondering, could this contradiction be ground for a case in Europe? I mean, legally, EA cannot sell their products in Turkey with that kind of an EULA. Noone in government noticed that so far. And if they were to be forced the leave Turkey what would happen to Origin products we have already bought?

Anyway, I am law student, I will check this. So, I owe thanks to EA for making gaming meet school work.
By SirRoderick (SI Elite) on Sep 24, 2011
SirRoderick
The rest of Europe stand with Turkey on this, I'm positive of that. The very notion is confusing.
By FoolWolf (SI Elite) on Sep 25, 2011
FoolWolf
Class actions etc can't be made in Europe to begin with, so the EULA is most likely to stop the American/Canadian class actions. Can you sue as easily in Canada as in US?

In Sweden you can't start something like this - you go to other instances that starts a dialogue and if all fails on discussion basis - then there may be a ground to sue or start real legal actions...
By herodotus (SI Herodotus) on Sep 25, 2011
herodotus
Wouldn't occur in Australia as we would be hard pressed to proceed to trial with this. Haven't had a case yet.
That being said, I do hope there are not impending troubles with either Origin or the much anticipated new titles on the way that could have initiated this.
By Jasca_Ducato (SI Core) on Sep 25, 2011
Jasca_Ducato
Unfortunately, most users will just accept this without even bothering to read it. Personally, I think a legal requirement for companies to publish a seperate document with each TC change, one that details what is actually changing, is long overdue.
By obiwanmccartney (SI Veteran Newbie) on Sep 25, 2011
obiwanmccartney
Can doctors make you sign something preventing you from suing them if they remove your spleen while trying to take out your wisdom teeth?
By herodotus (SI Herodotus) on Sep 25, 2011
herodotus
Not really, but the hospital that the surgeon works in has medical insurance to cover these sort of cases. They're usually settled out of court, and I have seen quite a few of these 'bungles' in my time.
One Indian Doctor here, unnamed, was successfully found guilty for gross negligence causing death (nickname was "Dr. Death") but despite the uproar at the time, it took a long time to bring him to trial and even then it has been quickly forgotten.
Difference between God and a Surgeon? God doesn't believe he's a Surgeon. B'boom!
By obiwanmccartney (SI Veteran Newbie) on Sep 25, 2011
obiwanmccartney
Either way, entities should not be allowed to get away with stuff just because they make you sign something that says they can.
By FoolWolf (SI Elite) on Sep 26, 2011
FoolWolf
... especially by such an iffy way that the EULA represents... Usually their are also minors "signing" these things by going "yada yada - we screw you - let me play...."
By herodotus (SI Herodotus) on Sep 26, 2011
herodotus
That about sums it up, Wolfy. The majority don't or won't care. If they have to sign to play, then so be it. Full speed ahead and damn the torpedoes.
By Gyorn (SI Core) on Sep 26, 2011
Gyorn
This is...interesting. Anyone else noticed that this works both ways? EA also forfeits the rigth to sue YOU.

Ive only read the parts cited here, is it bound to a certain game or just "no suing no matter what?"?
In the second case EA would screw themselfs...
By nocutius (SI Elite) on Sep 26, 2011
nocutius
Well Ea has no problem suing a single person, a single person usually can't afford to sue someone like EA.
I wonder if this would even stand in court.
And i agree, EU is still a bit better than the US in cases like this, i just wonder for how long.
By Jasca_Ducato (SI Core) on Sep 26, 2011
Jasca_Ducato
Gyorn: Read it carefully, EA forfeits the right to take part in a Class Action lawsuit against you. So unless the defendant has got on the bad side of half the industry, this won't deter EA from suing.
By stuntkid (SI Elite) on Sep 26, 2011
stuntkid
I would imagine the law system changing to adopt and battle this kind of thing in the near future
By unsilviu (SI Core) on Sep 26, 2011
unsilviu
I'm skeptical about that, but in the US you should totally be able to sue them to hell for this,the right to justice cannot be waived with a digital signature.
By Gyorn (SI Core) on Sep 26, 2011
Gyorn
Guess i should have looked up what a class action suit is >.>
Your of course right Jasca...
By K3Spice (SI Core) on Sep 27, 2011
K3Spice
Fucking companies now days... Trying to put a lot of this bull shit into their EULAs that we HAVE to accept in order to enjoy our games. Excuse my language...
By herodotus (SI Herodotus) on Sep 27, 2011
herodotus
Well at least we don't have to sign them in blood....yet.
By nocutius (SI Elite) on Sep 27, 2011
nocutius
Pffft, signing in blood. At least wait for the obligatory organ donations before you start complaining you babies.
By SirRoderick (SI Elite) on Sep 27, 2011
SirRoderick
China is way ahead of us in that department I'd imagine.
By FoolWolf (SI Elite) on Sep 27, 2011
FoolWolf
The future will be much like riding the entity "It-bike" from South Park...
By SirRoderick (SI Elite) on Sep 27, 2011
SirRoderick
I don't know if I'm supposed to be disgusted, fearful or strangely exited at that vision....
By Jasca_Ducato (SI Core) on Sep 27, 2011
Jasca_Ducato
Just spotted the AT&T comment at the bottom... What exactly did the US courts allow them to do?
By Dark_Templar (SI Veteran Newbie) on Sep 28, 2011
Dark_Templar
Well, If they dont allow someone to sue them, someone will likely hack them or bomb them i guess...
By unsilviu (SI Core) on Sep 28, 2011
unsilviu
Hack them, yes. Bomb them... you're lucky we're not in 2005 or you'd have the FBI knocking down your door :P