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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 4.
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12. Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 22:02 eRe4s3r
 
Its not even legal in Europe, you can not waive your constitutional rights here, even if the TOS says it owns your soul should you sue, you can sue, and they won't own your soul.

And you know what, they'd never let this get to the European Courts, they will shower you in money if it means to keep you from suing them over the TOS.
 
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11. Re: No way! Sep 23, 2011, 21:50 KGrT
 
It's part of the binding arbitration clause, and it's an enforceable way to prevent you from having a judge or jury trial thanks to Congress passing the Federal Arbitration Act. It also helps prevent class actions thanks to the AT&T Mobility v Conception SCOTUS decision.

EA is doing what's in their natural interest. If you don't like it, you need to motivate your Congressman to introduce a bill to abrogate the FAA.

This comment was edited on Sep 23, 2011, 22:30.
 
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10. Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 21:50 Acleacius
 
I'm not a lawyer but I'm almost poistive this wouldn't hold up on a State level much less a Federal or International lawsuit.  
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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9. Re: No way! Sep 23, 2011, 21:40 Prez
 
I kind of doubt that this would ever hold up in court.  
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Goodbye my Monte boy. May you rest in the peace you never knew in life.
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8. Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 21:39 Mashiki Amiketo
 
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.
 
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"For every human problem,
there is a neat, simple solution;
and it is always wrong."
--H.L. Mencken
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7. No way! Sep 23, 2011, 21:31 Darth Guybrush
 
It does sound like bullshit to me. Take an issue to a higher court (High Court of Australia for example) so see how far that little missive holds water.  
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6. Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 21:18 Cutter
 
From what I've read from the legal eagles the SCOTUS decision doesn't really apply here as they were talking about a particular case that should have went to arbitration before going to court. Also consumer law guarentees that consumers have a "reasonable expectation" of protection under the law. So even accepting the agreement doesn't entirely shield them from possible litigation. It seems this is a move to A) help unclog the courts B) save the corps legal bills by forcing things to arbitration first.

I really wouldn't lose any sleep over it.
 
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James Woods: Oh that's fun. That sounds like you had a fun time. Where would I fit in with the fun time, huh? Where does James Woods fit into the fun?
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5. Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 21:17 ^Drag0n^
 
[VG]Reagle wrote on Sep 23, 2011, 21:10:
That clause does not appear constitutional. You can not waive your rights to a trial by jury even if you want to.

Actually, I believe you can, but not before charges are brought up against you.

This strikes me as bullshit. Another reason I don't trust EA.
 
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"Never start a fight, but always finish it."
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4. Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 21:15 ^Drag0n^
 
Is that even legally binding?

^D^
 
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"Never start a fight, but always finish it."
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3. Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 21:11 [VG]Reagle
 
Oh BTW this is VERY NICE NEWS. Congrats to Blues for finding this type of stuff.  
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The First Newell
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[VG]Reagle Beagle
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2. Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 21:10 [VG]Reagle
 
That clause does not appear constitutional. You can not waive your rights to a trial by jury even if you want to.  
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The First Newell
Gabe's Watching
[VG]Reagle Beagle
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1. Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 21:10 Quboid
 
This isn't legal, is it? Is it? Please tell me that this isn't legal.  
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- Quboid
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72 Replies. 4 pages. Viewing page 4.
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