EA Also Inserts Class-Action Lawsuit Prevention Clause in Origin’s EULA
By on September 25th, 2011

In all honesty, Sony’s lawsuit prevention clause in its PlayStation Network Terms of Service (ToS) is quite fancy. If you agree to section 15 of its new ToS, you are essentially waiving your right to a class-action lawsuit against Sony Network Entertainment International, LLC (SNEI) and in effect you are giving the gaming giant free reign to do whatever it wishes to do with your account and registered games.

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Electronic Arts (EA), the gargantuan beast of gaming decided that Sony’s ToS change is pioneering and went about copying that to its own End User License Agreement (EULA) for the Origin digital distribution store that it operates. If you accept these terms of service, you will be denied the right to sue and bring the company to trial by jury. Only individual cases will be considered against the giant.

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.

One can opt out of both of these binders by submitting a written application to the company, but why is that even necessary when these clauses can be done away with entirely?

It is rather sad to see that these pinnacles of the industry put forth these gags against the civil voice instead of making sure that the service they provide is hassle-free and fair for both the users as well as the developers.

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Author: Kaushik Google Profile for Kaushik
A mobile technology lover and a Strategy and RPG-game fanatic. I also enjoy astronomy and programming. I am a biotechnology engineer learning through this fascinating subject while poring over computer science. Hit me up on Twitter for more

TCA Lakshmi Narasimhan has written and can be contacted at kaushik@techie-buzz.com.

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