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, 15:50
Sep 24, 2011, 15:50
Wikidd wrote on Sep 24, 2011, 15:17:Yes, but again it shows how businesses are treated as separate entities and not individuals. Corporate manslaughter is about gross negligence and misconduct so severe that it warrants criminal prosecution. It is completely different to murder, which is about the actions of an individual. Though I prefer it to the capitalist principles of civil litigation, as I do not believe all punishment should be purely financial - that implies that immoral behaviour is acceptable if you have enough money.
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.
Wikidd wrote on Sep 24, 2011, 15:17:Indeed, though there are so many issues with our own legal system that I wouldn't take any solace in it.
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.
"The price of freedom is eternal vigilance."
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