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."
View : : :
67.
 
Re: Origin Adds Anti-Lawsuit Language to TOS
Sep 24, 2011, 15:17
67.
Re: Origin Adds Anti-Lawsuit Language to TOS Sep 24, 2011, 15:17
Sep 24, 2011, 15:17
 
theyarecomingforyou wrote on Sep 24, 2011, 14:29:
That's simply not true. Companies have a distinct legal identity that protects them from liability, which is why the owners and shareholders of a company cannot be held personally responsible for injuries or fatalities that occur within the business.
Actually, here in the UK we have corporate manslaughter legislation, which makes it possible for companies to be fined and manager to be imprisoned. It's incredibly hard to prove in court as you have to identify a "controlling mind" who was responsible for the incident and grossly negligent; that means convictions are easier in small companies and almost impossible in large ones.

The obvious point I would make relates to financial services. Here in the UK banks are required to inform you of the details of the contract, as well as providing you with a written copy. Any questions have to be answered and the customer is left fully informed of their rights. EULAs are long, complicated and your rights as a consumer aren't explained in lay-English.

[...]

I do not care for how the system currently operates. A business should not be able to take away legal rights by burying a retarded clause in a EULA that nobody reads. Full stop. Common sense should surely apply here?

I agree with where you're coming from. Thankfully we have much stronger consumer protection law here, largely due to our membership of the EU as most of it is just common market regulations. I doubt this litigation waiver would fly here in the UK.
Date
Subject
Author
7.
Sep 23, 2011Sep 23 2011
9.
Sep 23, 2011Sep 23 2011
11.
Sep 23, 2011Sep 23 2011
47.
Sep 24, 2011Sep 24 2011
54.
Sep 24, 2011Sep 24 2011
66.
Sep 24, 2011Sep 24 2011
 67.
Sep 24, 2011Sep 24 2011
     Re: Origin Adds Anti-Lawsuit Language to TOS
68.
Sep 24, 2011Sep 24 2011
13.
Sep 23, 2011Sep 23 2011
17.
Sep 23, 2011Sep 23 2011
18.
Sep 23, 2011Sep 23 2011
19.
Sep 23, 2011Sep 23 2011
20.
Sep 23, 2011Sep 23 2011
21.
Sep 23, 2011Sep 23 2011
27.
Sep 24, 2011Sep 24 2011
55.
Sep 24, 2011Sep 24 2011
36.
Sep 24, 2011Sep 24 2011
35.
Sep 24, 2011Sep 24 2011
42.
Sep 24, 2011Sep 24 2011
43.
Sep 24, 2011Sep 24 2011
44.
Sep 24, 2011Sep 24 2011
45.
Sep 24, 2011Sep 24 2011
48.
Sep 24, 2011Sep 24 2011
61.
Sep 24, 2011Sep 24 2011
56.
Sep 24, 2011Sep 24 2011
72.
Sep 25, 2011Sep 25 2011
59.
Sep 24, 2011Sep 24 2011
52.
Sep 24, 2011Sep 24 2011
64.
Sep 24, 2011Sep 24 2011