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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Re: Origin Adds Anti-Lawsuit Language to TOS
Sep 24, 2011, 12:33
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Re: Origin Adds Anti-Lawsuit Language to TOS Sep 24, 2011, 12:33
Sep 24, 2011, 12:33
 
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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