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Origin Adds Anti-Lawsuit Language to TOS

Electronic Arts has amended it's Terms of Service to include anti-lawsuit language, following a Supreme Court ruling that prompted a similar move by Sony. Kotaku outlines the new language:

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

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

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."

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72 Replies. 4 pages. Viewing page 3.
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32. Re: Origin Adds Anti-Lawsuit Language to TOS Sep 24, 2011, 03:31 Tanto Edge
 
So this means I can wish for more wishes, right?



...right?
 
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31. Re: Origin Adds Anti-Lawsuit Language to TOS Sep 24, 2011, 02:13 [VG]Reagle
 
NOBODY WHO POSTS IN THIS THREAD MAY EVER SUE ME OR ANY OF MY DESCENDENTS FOR ANYTHING EVER PERIOD.  
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30. Re: Origin Adds Anti-Lawsuit Language to TOS Sep 24, 2011, 02:13 Rockn-Roll
 
Quboid wrote on Sep 23, 2011, 21:10:
This isn't legal, is it? Is it? Please tell me that this isn't legal.

Uhm...it doesn't say anywhere in the US constitution about class action suits; thus, it remains a State right.
 
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29. Re: Origin Adds Anti-Lawsuit Language to TOS Sep 24, 2011, 01:59 Rockn-Roll
 
"or to participate in a class action"

I think this proves more than anything that they intend to screw every participant in their service one way or another. They most likely won't pick on any one group, but most likely do something across the board like raise fees by a large amount after they have enough "client" who have committed to enough "license" agreements to download and play games through their service. That would definitely keep their costs down and increase their profits...so instead of maintaining an expensive infrastructure like what they have already committed to just for us gamers that only purchase one or two games a year they can cater to just the wealthy who purchase like 10 games a year and don't care about the price.

Boycott them while you have the right to do so.

Think of it this way...EA is inviting you into their dark secret area so you can give them your money, but you have to wear a blindfold and arms tied behind your back and shackles and wear nancy pants.

OK...nancy pants was my idea, but you get the point...don't do it if you value your freedom. In the USA at least 200 years ago people were willing to die for their freedoms...today it looks like some people might be willing to give it up for a game.

This comment was edited on Sep 24, 2011, 03:37.
 
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28. Re: Origin Adds Anti-Lawsuit Language to TOS Sep 24, 2011, 01:28 theyarecomingforyou
 
I find it absurd that anyone even considers a EULA to be a legally binding document. It is patently obvious that nobody on the planet reads the EULA to every piece of software that they install. Therefore people make certain assumptions, with one of them being that you can't take away legal rights just by clicking 'Agree'. This should hold no legal weight, even if they're just trying to force cases through to arbitration.

This is nearly as bad as Sony adding a clause to the Playstation Network preventing people from joining a class action lawsuit. That cannot, in any fair and just legal system, be acceptable.

These companies need to be put in their place. People need to kick-up a fuss, just like they did when they had a clause about the removal of accounts after a period of inactivity. When people see shit like this they should write a letter to their local representative and call for action, as otherwise these aggressive corporations will bully their way to whatever they want.
 
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27. Re: Origin Adds Anti-Lawsuit Language to TOS Sep 24, 2011, 01:28 Sepharo
 
Can't sue, double stamp it, no erasies!  
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26. Re: Origin Adds Anti-Lawsuit Language to TOS Sep 24, 2011, 01:26 Draugr
 
HorrorScope wrote on Sep 24, 2011, 01:01:
Well this has to be said if it can stick....

"We should have done this years ago!".

I mean if this is held up, whoever genius thought of the obvious here and put this into place, just changed the world in 2 sentences. For most contract that is all that will ever need to be said.

If it was truly this easy to avoid litigation every contract would have this right at the beginning...or buried somewhere else within.
 
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25. Re: Origin Adds Anti-Lawsuit Language to TOS Sep 24, 2011, 01:05 saluk
 
No thanks, I will not sign such a terms of service, whether or not this particular TOS would actually fly in court. I was grudgingly with EA on their shenanigans until now. If it means no BF3 or TOR so be it, and if my friends are playing TOR, trust me, it's going to be real painful for me.  
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24. Re: Origin Adds Anti-Lawsuit Language to TOS Sep 24, 2011, 01:01 HorrorScope
 
Well this has to be said if it can stick....

"We should have done this years ago!".

I mean if this is held up, whoever genius thought of the obvious here and put this into place, just changed the world in 2 sentences. For most contract that is all that will ever need to be said.
 
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23. Re: Origin Adds Anti-Lawsuit Language to TOS Sep 24, 2011, 00:17 TheVocalMinority
 
[VG]Reagle wrote on Sep 23, 2011, 23:00:
This is a MAJOR REASON TO HATE ORIGIN....

I always assumed this guys was just a stupid COD fanboy rather than a paid stooge, but he has been quite cleverly subtle in this thread so now I'm not so sure.

On topic - interesting info with respect to this nonsense being legally viable in the US now. Not that I live there (nor am I buying BF3 for that matter) however the US government has a way of getting it's dubious laws adopted in other countries via trade agreements and so forth.
 
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22. Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 23:58 Tanto Edge
 
Mashiki Amiketo wrote on Sep 23, 2011, 21:39:
Quboid wrote on Sep 23, 2011, 21:10:
This isn't legal, is it? Is it? Please tell me that this isn't legal.
It's illegal in Canada. I can tell you that right now. You can't force someone to waive their rights by contract or ToS or EULA it violates the fundamental rights you gain under the charter here.

Ohhhh Caaaaanadaaa!
 
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21. Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 23:39 born2expire
 
EVILLLLLLLLLLLLLL!!!!!!!!!!!!!!!!!!!!


nope i didn't read a single comment before this
 
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20. Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 23:34 LittleMe
 
Fion wrote on Sep 23, 2011, 23:20:
It's just one more tool business's have to fuck over the American peoples.

EA may see litigious customers as the same, trying to fuck them over. We live in a society that strongly believes the government solves their problems so this hostile back & forth is the natural result, no?

 
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19. Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 23:20 Fion
 
This may be legal here in the states, at least in some of the states. You hear buzzwords like Tort reform (which is largely a republican agenda because it's a big business agenda). Tort reform allows businesses to put clauses in contracts which restrict the right to bring lawsuits against said company. You find such clauses everywhere these days whenever you sign a contract.

Now I'm not a lawyer so I cant say if class action lawsuits count when it comes to this, though I do know it counts in civil trials and trials by jury. Unfortunately such contract clauses are incredibly popular today and yea, like a lot of things, completely unconstitutional but nobody has created enough buzz to stop it. It's just one more tool business's have to fuck over the American peoples.
 
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18. Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 23:12 eRe4s3r
 
Its the same thing Sony did to their TOS though ;p  
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17. Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 23:11 Frijoles
 
[VG]Reagle wrote on Sep 23, 2011, 23:00:
This is a MAJOR REASON TO HATE ORIGIN....

Not that we need yet another one.
 
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16. Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 23:00 [VG]Reagle
 
This is a MAJOR REASON TO HATE ORIGIN....  
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15. Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 22:55 Acleacius
 
Worst part of this, are they going to try to use this on tOR?  
The people can always be brought to the bidding of the leaders.That is easy.All you have to do is tell them they are being attacked and denounce the pacifists for lack of patriotism and exposing the country to danger.It works the same way in any country.
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14. Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 22:39 dj LiTh
 
Hhahahhahahahhahahaha....ohhhh man thats good stuff....yep glad i have no inclination to play bf3 or any other EA incarnation  
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13. Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 22:23 Darks
 
And EA wants us to use their portal, LOL!! yea right EA, good luck with this shit.  
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72 Replies. 4 pages. Viewing page 3.
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