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, 20:32
Dev
70.
Re: Origin Adds Anti-Lawsuit Language to TOS Sep 24, 2011, 20:32
Sep 24, 2011, 20:32
Dev
 
Not surprising since the supreme court ruled about class action lawsuits able to be forbidden in favor of arbitration. Shortly EVERY company is going to have similar language about class actions in their ToS.

Of course since EA loves being a douche, they are trying to forbid all suits, not just class actions, which is NOT what the supreme court said.
I'm quite surprised they apply this to themselves in the ToS. Because IMHO if someone sues them, they can't counter sue without invalidating that bit.

IANAL

eRe4s3r wrote on Sep 24, 2011, 08:14:
Which by the way means that EA couldn't sue hackers that hack origin if it found out who did it.

Stupid TOS is stupid ;p
Fairly sure ther's a diff between criminal and civil lawsuits.

IANAL
theyarecomingforyou wrote on Sep 24, 2011, 12:16:
4) Even if you do disagree, there is a policy on opened software that prevents you from returning it for a refund.
I seem to recall a class action about best buy, compusa, adobe, ms, etc where they agreed to accept opened software in certain cases exactly because of the bit in the EULA about returning it if you don't agree to the eula and not having access to it beforehand.

IANAL
This comment was edited on Sep 24, 2011, 20:46.
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Re: Origin Adds Anti-Lawsuit Language to TOS