Origin Adds Anti-Lawsuit Language to TOS [Sep 23, 2011, 8:59 pm ET] – Share – Viewing Comments
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."
Re: Origin Adds Anti-Lawsuit Language to TOS
Sep 24, 2011, 09:22
Sep 24, 2011, 09:22
KGrT wrote on Sep 24, 2011, 08:54:You mean like turning around and holding an individual hostage within arbitration with lawyers? Or by using an agreement that's so long, with terms that most people don't understand and try it as enforceable? Those are pretty good examples. Remember that the average reading level in north america is between grade 6 and grade 8.
TOS and EULAs are still valid under US law. To get out of one, you must show procedural and substantive unconscionability in the contract. The Toyota stalker advertisement case is an **excellent** example of such unconscionability. That however, has no bearing on the validity of EA's arbitration clause.
--
"For every human problem,
there is a neat, simple solution;
and it is always wrong."
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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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