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 : : :
72 Replies. 4 pages. Viewing page 1.
Older [  1  2  3  4  ] Newer
1.
 
Re: Origin Adds Anti-Lawsuit Language to TOS
Sep 23, 2011, 21:10
Quboid
 
1.
Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 21:10
Sep 23, 2011, 21:10
 Quboid
 
This isn't legal, is it? Is it? Please tell me that this isn't legal.
Avatar 10439
2.
 
Re: Origin Adds Anti-Lawsuit Language to TOS
Sep 23, 2011, 21:10
2.
Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 21:10
Sep 23, 2011, 21:10
 
That clause does not appear constitutional. You can not waive your rights to a trial by jury even if you want to.
DON'T LIKE MY COMMENTS?!? THEN STOP RELEASING GARBAGE.
Avatar 8515
3.
 
Re: Origin Adds Anti-Lawsuit Language to TOS
Sep 23, 2011, 21:11
3.
Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 21:11
Sep 23, 2011, 21:11
 
Oh BTW this is VERY NICE NEWS. Congrats to Blues for finding this type of stuff.
DON'T LIKE MY COMMENTS?!? THEN STOP RELEASING GARBAGE.
Avatar 8515
4.
 
Re: Origin Adds Anti-Lawsuit Language to TOS
Sep 23, 2011, 21:15
4.
Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 21:15
Sep 23, 2011, 21:15
 
Is that even legally binding?

^D^
"Never start a fight, but always finish it."
Avatar 55075
5.
 
Re: Origin Adds Anti-Lawsuit Language to TOS
Sep 23, 2011, 21:17
5.
Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 21:17
Sep 23, 2011, 21:17
 
[VG]Reagle wrote on Sep 23, 2011, 21:10:
That clause does not appear constitutional. You can not waive your rights to a trial by jury even if you want to.

Actually, I believe you can, but not before charges are brought up against you.

This strikes me as bullshit. Another reason I don't trust EA.
"Never start a fight, but always finish it."
Avatar 55075
6.
 
Re: Origin Adds Anti-Lawsuit Language to TOS
Sep 23, 2011, 21:18
6.
Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 21:18
Sep 23, 2011, 21:18
 
From what I've read from the legal eagles the SCOTUS decision doesn't really apply here as they were talking about a particular case that should have went to arbitration before going to court. Also consumer law guarentees that consumers have a "reasonable expectation" of protection under the law. So even accepting the agreement doesn't entirely shield them from possible litigation. It seems this is a move to A) help unclog the courts B) save the corps legal bills by forcing things to arbitration first.

I really wouldn't lose any sleep over it.
"Van Gogh painted alone and in despair and in madness and sold one picture in his entire life. Millions struggled alone, unrecognized, and struggled as heroically as any famous hero. Was it worthless? I knew it wasn't."
7.
 
No way!
Sep 23, 2011, 21:31
7.
No way! Sep 23, 2011, 21:31
Sep 23, 2011, 21:31
 
It does sound like bullshit to me. Take an issue to a higher court (High Court of Australia for example) so see how far that little missive holds water.
=========================================
Professional Adobe ColdFusion Application developer.

XBox Live: ConsoleGenRL
Avatar 55587
8.
 
Re: Origin Adds Anti-Lawsuit Language to TOS
Sep 23, 2011, 21:39
8.
Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 21:39
Sep 23, 2011, 21:39
 
Quboid wrote on Sep 23, 2011, 21:10:
This isn't legal, is it? Is it? Please tell me that this isn't legal.
It's illegal in Canada. I can tell you that right now. You can't force someone to waive their rights by contract or ToS or EULA it violates the fundamental rights you gain under the charter here.
--
"For every human problem,
there is a neat, simple solution;
and it is always wrong."
--H.L. Mencken
9.
 
Re: No way!
Sep 23, 2011, 21:40
Prez
 
9.
Re: No way! Sep 23, 2011, 21:40
Sep 23, 2011, 21:40
 Prez
 
I kind of doubt that this would ever hold up in court.
“The greatness of a nation and its moral progress can be judged by the way its animals are treated.”
- Mahatma Gandhi
Avatar 17185
10.
 
Re: Origin Adds Anti-Lawsuit Language to TOS
Sep 23, 2011, 21:50
10.
Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 21:50
Sep 23, 2011, 21:50
 
I'm not a lawyer but I'm almost poistive this wouldn't hold up on a State level much less a Federal or International lawsuit.
Scorpio Slasher: ... What about you boy, what do hate?
Marcus: ... Bullies. Tiny d*ck egotists who hurt people for no reason, make people lock their doors at night. People who make general existence worse, people like you.
Avatar 1858
11.
 
Re: No way!
Sep 23, 2011, 21:50
11.
Re: No way! Sep 23, 2011, 21:50
Sep 23, 2011, 21:50
 
It's part of the binding arbitration clause, and it's an enforceable way to prevent you from having a judge or jury trial thanks to Congress passing the Federal Arbitration Act. It also helps prevent class actions thanks to the AT&T Mobility v Conception SCOTUS decision.

EA is doing what's in their natural interest. If you don't like it, you need to motivate your Congressman to introduce a bill to abrogate the FAA.

This comment was edited on Sep 23, 2011, 22:30.
12.
 
Re: Origin Adds Anti-Lawsuit Language to TOS
Sep 23, 2011, 22:02
12.
Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 22:02
Sep 23, 2011, 22:02
 
Its not even legal in Europe, you can not waive your constitutional rights here, even if the TOS says it owns your soul should you sue, you can sue, and they won't own your soul.

And you know what, they'd never let this get to the European Courts, they will shower you in money if it means to keep you from suing them over the TOS.
Avatar 54727
13.
 
Re: Origin Adds Anti-Lawsuit Language to TOS
Sep 23, 2011, 22:23
13.
Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 22:23
Sep 23, 2011, 22:23
 
And EA wants us to use their portal, LOL!! yea right EA, good luck with this shit.
Author of the Neverwinter Nights Eye of the Beholder Series of Mods.
Now integrated into Steams NWN: Enhanced Edition

http://www.moddb.com/mods/eye-of-the-beholder-ii-ledgend-of-darkmoon
Avatar 20498
14.
 
Re: Origin Adds Anti-Lawsuit Language to TOS
Sep 23, 2011, 22:39
14.
Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 22:39
Sep 23, 2011, 22:39
 
Hhahahhahahahhahahaha....ohhhh man thats good stuff....yep glad i have no inclination to play bf3 or any other EA incarnation
Avatar 46370
15.
 
Re: Origin Adds Anti-Lawsuit Language to TOS
Sep 23, 2011, 22:55
15.
Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 22:55
Sep 23, 2011, 22:55
 
Worst part of this, are they going to try to use this on tOR?
Scorpio Slasher: ... What about you boy, what do hate?
Marcus: ... Bullies. Tiny d*ck egotists who hurt people for no reason, make people lock their doors at night. People who make general existence worse, people like you.
Avatar 1858
16.
 
Re: Origin Adds Anti-Lawsuit Language to TOS
Sep 23, 2011, 23:00
16.
Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 23:00
Sep 23, 2011, 23:00
 
This is a MAJOR REASON TO HATE ORIGIN....
DON'T LIKE MY COMMENTS?!? THEN STOP RELEASING GARBAGE.
Avatar 8515
17.
 
Re: Origin Adds Anti-Lawsuit Language to TOS
Sep 23, 2011, 23:11
17.
Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 23:11
Sep 23, 2011, 23:11
 
[VG]Reagle wrote on Sep 23, 2011, 23:00:
This is a MAJOR REASON TO HATE ORIGIN....

Not that we need yet another one.
Avatar 6700
18.
 
Re: Origin Adds Anti-Lawsuit Language to TOS
Sep 23, 2011, 23:12
18.
Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 23:12
Sep 23, 2011, 23:12
 
Its the same thing Sony did to their TOS though ;p
Avatar 54727
19.
 
Re: Origin Adds Anti-Lawsuit Language to TOS
Sep 23, 2011, 23:20
19.
Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 23:20
Sep 23, 2011, 23:20
 
This may be legal here in the states, at least in some of the states. You hear buzzwords like Tort reform (which is largely a republican agenda because it's a big business agenda). Tort reform allows businesses to put clauses in contracts which restrict the right to bring lawsuits against said company. You find such clauses everywhere these days whenever you sign a contract.

Now I'm not a lawyer so I cant say if class action lawsuits count when it comes to this, though I do know it counts in civil trials and trials by jury. Unfortunately such contract clauses are incredibly popular today and yea, like a lot of things, completely unconstitutional but nobody has created enough buzz to stop it. It's just one more tool business's have to fuck over the American peoples.
Avatar 17499
20.
 
Re: Origin Adds Anti-Lawsuit Language to TOS
Sep 23, 2011, 23:34
20.
Re: Origin Adds Anti-Lawsuit Language to TOS Sep 23, 2011, 23:34
Sep 23, 2011, 23:34
 
Fion wrote on Sep 23, 2011, 23:20:
It's just one more tool business's have to fuck over the American peoples.

EA may see litigious customers as the same, trying to fuck them over. We live in a society that strongly believes the government solves their problems so this hostile back & forth is the natural result, no?

Perpetual debt is slavery.
Avatar 23321
72 Replies. 4 pages. Viewing page 1.
Older [  1  2  3  4  ] Newer