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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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54. Re: Origin Adds Anti-Lawsuit Language to TOS Sep 24, 2011, 12:33 NewMaxx
 
theyarecomingforyou wrote on Sep 24, 2011, 11:54:
The US has always prioritised businesses over the rights of individuals and the saying "the customer is always right" only exists to placate customers and retain them long term - it's designed to make businesses more money, not look after consumers. The US is the only country to have prided itself on "trickle-down economics", which has proven to be a fallacy. The EU has a much better track record of protecting the rights of consumers, as evidenced by the rulings against Microsoft, Intel and the telecoms industry in recent years.

EA and Sony are contributing to the legal and moral quagmire with the sole aim of limiting their exposure and protecting their profits. Nobody should support a business trying to bypass the legal system to protect their shareholders. And your assertion that it's to avoid "trivial lawsuits" implies is completely subjective, as who decides what is or is not trivial? The whole point is that the legal system decides that and this is an attempt to short-circuit that process to save money.

One of my degrees is in business administration with two years of contract law. One of the major areas the curriculum covered was the fulcrum point of the law in both the US system and in the EU (which, btw, was created by the US through the Marshall Plan after WW2, much like we rebuilt Japan's government). For the former, it is the customer, for the latter, it is the business; it's as simple as that. I only used the phrase to simplify that fact - it implies that companies in the US must work harder to protect their interests because there is inherently more brutal competition than in the government-regulated EU.

However, I do agree with you that the phrase "trivial lawsuits" is subjective. That's why the legal system in the US is so terrible today, since everybody sues over everything and litigation takes years and tens of thousands of dollars because it is backlogged so far; we in essence have a liberal justice system that encourages that even the most "trivial" matter have its day in court. The idea that money tends to make a lot of that go away is true, but not inherently evil in purpose; in fact, most people start lawsuits specifically to force settlement payouts. Companies are treated as individuals in this society and thus are entitled to proactive protection as much as you are, hence this provision.

P.S. Just for the record, I hate EA and Origin and talk s*** on them regularly to all my gamer friends.
 
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    Date Subject Author
  1. Sep 23, 21:10 Re: Origin Adds Anti-Lawsuit Language to TOS Quboid
  7. Sep 23, 21:31  No way! Darth Guybrush
  9. Sep 23, 21:40   Re: No way! Prez
  11. Sep 23, 21:50    Re: No way! KGrT
  8. Sep 23, 21:39  Re: Origin Adds Anti-Lawsuit Language to TOS Mashiki Amiketo
  22. Sep 23, 23:58   Re: Origin Adds Anti-Lawsuit Language to TOS Tanto Edge
  30. Sep 24, 02:13  Re: Origin Adds Anti-Lawsuit Language to TOS Rockn-Roll
  2. Sep 23, 21:10 Re: Origin Adds Anti-Lawsuit Language to TOS [VG]Reagle
  3. Sep 23, 21:11  Re: Origin Adds Anti-Lawsuit Language to TOS [VG]Reagle
  5. Sep 23, 21:17  Re: Origin Adds Anti-Lawsuit Language to TOS ^Drag0n^
  4. Sep 23, 21:15 Re: Origin Adds Anti-Lawsuit Language to TOS ^Drag0n^
  6. Sep 23, 21:18 Re: Origin Adds Anti-Lawsuit Language to TOS Cutter
  46. Sep 24, 10:38  Re: Origin Adds Anti-Lawsuit Language to TOS NewMaxx
  47. Sep 24, 11:16   Re: Origin Adds Anti-Lawsuit Language to TOS Linksil
  51. Sep 24, 11:54   Re: Origin Adds Anti-Lawsuit Language to TOS theyarecomingforyou
>> 54. Sep 24, 12:33    Re: Origin Adds Anti-Lawsuit Language to TOS NewMaxx
  60. Sep 24, 14:29     Re: Origin Adds Anti-Lawsuit Language to TOS theyarecomingforyou
  66. Sep 24, 15:12      Re: Origin Adds Anti-Lawsuit Language to TOS NewMaxx
  67. Sep 24, 15:17      Re: Origin Adds Anti-Lawsuit Language to TOS Wikidd
  68. Sep 24, 15:50       Re: Origin Adds Anti-Lawsuit Language to TOS theyarecomingforyou
  10. Sep 23, 21:50 Re: Origin Adds Anti-Lawsuit Language to TOS Acleacius
  12. Sep 23, 22:02  Re: Origin Adds Anti-Lawsuit Language to TOS eRe4s3r
  13. Sep 23, 22:23   Re: Origin Adds Anti-Lawsuit Language to TOS Darks
  14. Sep 23, 22:39 Re: Origin Adds Anti-Lawsuit Language to TOS dj LiTh
  15. Sep 23, 22:55 Re: Origin Adds Anti-Lawsuit Language to TOS Acleacius
  16. Sep 23, 23:00  Re: Origin Adds Anti-Lawsuit Language to TOS [VG]Reagle
  17. Sep 23, 23:11   Re: Origin Adds Anti-Lawsuit Language to TOS Frijoles
  18. Sep 23, 23:12    Re: Origin Adds Anti-Lawsuit Language to TOS eRe4s3r
  19. Sep 23, 23:20   Re: Origin Adds Anti-Lawsuit Language to TOS Fion
  20. Sep 23, 23:34    Re: Origin Adds Anti-Lawsuit Language to TOS LittleMe
  21. Sep 23, 23:39     Re: Origin Adds Anti-Lawsuit Language to TOS born2expire
  23. Sep 24, 00:17   Re: Origin Adds Anti-Lawsuit Language to TOS TheVocalMinority
  24. Sep 24, 01:01 Re: Origin Adds Anti-Lawsuit Language to TOS HorrorScope
  26. Sep 24, 01:26  Re: Origin Adds Anti-Lawsuit Language to TOS Draugr
  27. Sep 24, 01:28   Re: Origin Adds Anti-Lawsuit Language to TOS Sepharo
  25. Sep 24, 01:05 Re: Origin Adds Anti-Lawsuit Language to TOS saluk
  28. Sep 24, 01:28 Re: Origin Adds Anti-Lawsuit Language to TOS theyarecomingforyou
  50. Sep 24, 11:52  Re: Origin Adds Anti-Lawsuit Language to TOS Flatline
  53. Sep 24, 12:16   Re: Origin Adds Anti-Lawsuit Language to TOS theyarecomingforyou
  55. Sep 24, 12:41    Re: Origin Adds Anti-Lawsuit Language to TOS Wikidd
  29. Sep 24, 01:59 Re: Origin Adds Anti-Lawsuit Language to TOS Rockn-Roll
  31. Sep 24, 02:13  Re: Origin Adds Anti-Lawsuit Language to TOS [VG]Reagle
  36. Sep 24, 05:58   Re: Origin Adds Anti-Lawsuit Language to TOS J
  32. Sep 24, 03:31 Re: Origin Adds Anti-Lawsuit Language to TOS Tanto Edge
  33. Sep 24, 04:27 Re: Origin Adds Anti-Lawsuit Language to TOS Mashiki Amiketo
  34. Sep 24, 05:27  Re: Origin Adds Anti-Lawsuit Language to TOS Luke
  35. Sep 24, 05:49   Re: Origin Adds Anti-Lawsuit Language to TOS ASeven
  37. Sep 24, 06:46 Re: Origin Adds Anti-Lawsuit Language to TOS clint
  38. Sep 24, 07:05 Re: Origin Adds Anti-Lawsuit Language to TOS Bludd
  39. Sep 24, 07:06 Re: Origin Adds Anti-Lawsuit Language to TOS Sempai
  40. Sep 24, 07:52  Re: Origin Adds Anti-Lawsuit Language to TOS Mashiki Amiketo
  41. Sep 24, 08:02   Re: Origin Adds Anti-Lawsuit Language to TOS Fibrocyte
  42. Sep 24, 08:14    Re: Origin Adds Anti-Lawsuit Language to TOS eRe4s3r
  43. Sep 24, 08:32     Re: Origin Adds Anti-Lawsuit Language to TOS ASeven
  44. Sep 24, 08:54      Re: Origin Adds Anti-Lawsuit Language to TOS KGrT
  45. Sep 24, 09:22       Re: Origin Adds Anti-Lawsuit Language to TOS Mashiki Amiketo
  48. Sep 24, 11:37        Re: Origin Adds Anti-Lawsuit Language to TOS KGrT
  61. Sep 24, 14:44         Re: Origin Adds Anti-Lawsuit Language to TOS Mashiki Amiketo
  56. Sep 24, 12:45        Re: Origin Adds Anti-Lawsuit Language to TOS Rockn-Roll
  72. Sep 25, 12:35         Re: Origin Adds Anti-Lawsuit Language to TOS eRe4s3r
  59. Sep 24, 13:22        Re: Origin Adds Anti-Lawsuit Language to TOS Mead
  52. Sep 24, 11:55    Re: Origin Adds Anti-Lawsuit Language to TOS Flatline
  49. Sep 24, 11:38 Re: Origin Adds Anti-Lawsuit Language to TOS Thakk
  57. Sep 24, 12:48 Re: Origin Adds Anti-Lawsuit Language to TOS crypto
  58. Sep 24, 13:05 Re: Origin Adds Anti-Lawsuit Language to TOS Acleacius
  62. Sep 24, 14:47 Re: Origin Adds Anti-Lawsuit Language to TOS NewMaxx
  65. Sep 24, 14:51  Re: Origin Adds Anti-Lawsuit Language to TOS Sepharo
  63. Sep 24, 14:49 Re: Origin Adds Anti-Lawsuit Language to TOS Ant
  64. Sep 24, 14:50  Re: Origin Adds Anti-Lawsuit Language to TOS nin
  69. Sep 24, 17:53 Re: Origin Adds Anti-Lawsuit Language to TOS Surf
  70. Sep 24, 20:32 Re: Origin Adds Anti-Lawsuit Language to TOS Dev
  71. Sep 24, 21:14  Re: Origin Adds Anti-Lawsuit Language to TOS Mashiki Amiketo


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