Sony has been hit with a number of class-action lawsuits since the launch of the PlayStation 3, mostly due to the decision to retroactively remove Linux support from the console and losing the data of users due to questionable security practices. Sony has another solution to this problem beyond beefing up security (and it’s not retaining the features you paid for): if you accept the next mandatory system update, you sign away your ability to take part in a class-action lawsuit. The only option left for consumers if they agree is binding individual arbitration.
The Examiner caught the fine print in the latest system update, which states:
ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND THE SONY ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011.
You can opt out of this by sending a letter to Sony, and if you go this route I would suggest you ask for signature upon delivery, track the letter, and keep records. All this will come in handy just in case Sony decides to claim the letter never arrived. Here’s what you need to say, and where it needs to go:
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION 15, YOU MUST NOTIFY SNEI IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 6080 CENTER DRIVE, 10TH FLOOR, LOS ANGELES, CA 90045, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR PSN ACCOUNT NUMBER, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY SONY ENTITY THROUGH ARBITRATION.
There is no way to opt out of this electronically, because it’s not in Sony’s best interests to give you an easy way to do so. This bit of fine print will go unread by most gamers, which means they’ll be signing away their rights to join in class-actions without even realizing what they’ve done. If you decide not to agree to the new agreement, you simply won’t be able to play games online.