EA Changes Origin Terms of Services, Forbids Class Action Lawsuits

[Monsterfurby]

I am pretty sure that in the continental European interpretation of law, this would constitute an immoral clause, which automatically renders it and, unless there is a severability clause (if any single provision of this contract becomes void, the rest still applies), the entire ToS null and void. You can't just go and say "by agreeing to this, you agree to forfeit your constitutional rights".

Now, in common law countries... I am not really sure, I have to admit. But seriously, this can't stand permanently, now can it?

 

[ShindoL Shill]

so if you agree to the ToS (ie use the service) you cant sue them?
well played, EA, well played.


though why they have a plan for getting sued is beyond me, if they have any faith in Origin.

 

[008Zulu_v1legacy]

Blame the judge who, somehow, considered that this holds water. Companies simply abuse to the fullest extent of the law, since Law was created.

A modicum of common sense from the Supreme Court would quickly dismiss this as an abusive clause. But, since I don't live in the US, meh.

Don't blame the Judge because EA drove a brand new SUV with a 102 inch plasma tv up to his front door and left it there, its not his fault.

Companies like EA, Sony, Apple, etc own the American judicial system, they can do as they please.

 

[Fuselage]

I wonder how many ppl r losing their shit over Origin but are still gaming away on PSN.

Maybe because PSN actually does work? Not like fucking Origin which I have used, Origin either locks up my computer, Crashes my computer or does both.

 

[Wriggle Wyrm]

What bullshit. Arbitration is supposed to be a part of contract law, an informed agreement between two parties, usually large companies, to settle disputes, not something to hammer your unsuspecting customers with. Considering the expense, it effectively lets companies do whatever the hell they want, further eroding civil rights, not that the Supreme Court seems to care about a little thing like that.

 

[Frostbite3789]

Snip

That's where being a discerning consumer comes into play. That's why you avoid first generation hardware. Hell, Apple has made a killing off having defective hardware that dies rather quickly. I've met nary a person that has an iPod that has lasted more than 2 years.

And this one of those things where you can either cover your ass or not. And they're choosing to cover their ass instead of facing a ton of legal fees for pretty much no reason.

I mean, even Steam has a liability clause in their ToS that says they aren't liable for any damage that may be done due to Steam or anything related to Steam. Same basic principle, different wording.

 

[aprildog18]

Seems a bit incongruous for a company who's tagline is challenge everything

Hah I see what you did there.

When I was reading the headlines, "EA Changes Origin Terms of Services" I first thought they were going to get rid of the part where it says it can spy on your computer. But noooo, I was wrong.

 

[Jumpingbean3]

Quite frankly i'm disgusted that the Supreme Court has stated this kind of corporate bullsh*t is enforceable. Thank God I live in the UK.

The Supreme Court has always favoured Corporate Interest over the rights of the common man. What, did you think they voted against California's anti-games bill because of consumer rights?

 

[Jumpingbean3]

Seems a bit incongruous for a company who's tagline is challenge everything

Hah I see what you did there.

When I was reading the headlines, "EA Changes Origin Terms of Services" I first thought they were going to get rid of the part where it says it can spy on your computer. But noooo, I was wrong.

Instead they made it so you can't take them to court for it (which you have every right to do on the grounds of INVASION OF PRIVACY!) so if you complain they can't be made to do anything. Oh well. If there's one thing we've learned from this it's that EA's image actually can get worse. Congratu-funking-lations EA, you have actually gone PAST rock bottom. Give yourselves a pat on the back, preferably with the sharpest object you can find.

 

[sansamour14]

I wonder how many ppl r losing their shit over Origin but are still gaming away on PSN.

Maybe because PSN actually does work? Not like fucking Origin which I have used, Origin either locks up my computer, Crashes my computer or does both.

This isnt about whether it works or not. its about the fact that by agreeing to sonys ToS ur giving up some of your rights.
So whining about Origin doing the same thing and bowing to never use it is quite hypocritical if ur still using PSN

 

[Cat of Doom]

Its sometimes hard to believe that some people feel so strongly about things like this they stop using service's like origin and psn. I really don't give a crap unless they directly hinder me. Personally I love origin, however, that's mainly due to me having a employees discount

 

[The Lugz]

the agreement document is illegal in the uk anyway, so i can sue them all i like.

 

[Numberatu]

Hooray for living in the EU. But seriously, dislike Activision though I do, EA are just beginning to remind me of why we all disliked them so much. Anyone remember the uproar over Spore's DRM? And their ridiculous trash talk about CoD (I enjoy MW, not so sure about online MW2, can't be bothered with 3) has happened before-Medal of honour was talked up repeatedly as CoD killer. I love BF2, I desperately want BF3 for PC, and then you hear about crap like this. Oh, and the EU common agricultural policy is appalling, protectionist, and damages african markets.

 

[BoredRolePlayer]

Snip

That's where being a discerning consumer comes into play. That's why you avoid first generation hardware. Hell, Apple has made a killing off having defective hardware that dies rather quickly. I've met nary a person that has an iPod that has lasted more than 2 years.

And this one of those things where you can either cover your ass or not. And they're choosing to cover their ass instead of facing a ton of legal fees for pretty much no reason.

I mean, even Steam has a liability clause in their ToS that says they aren't liable for any damage that may be done due to Steam or anything related to Steam. Same basic principle, different wording.

That's funny cause my iPod is so old the battery can't hold a charge for more then 2 and a half hours (it's more then 4 years old, I just know how to take care of my tech). And yeah steam my have that clause but it doesn't say

expressly waive the right to a trial by jury or to participate in a class action

I don't see anything in what you said about how we waive our rights with Value of a class action lawsuit. What you stated sounds like this

"We are not liable for any damaged done to your machine" and if you run homebrew you see that warning a lot. But it wouldn't protect valve if they lost all their customers credit card information now would it? At least not how you worded it, cause the EA one pretty much says they can screw up and that's that.

 

[gabe12301]

next it will say: by agreeing to these terms you are surrendering your soul, your first born and the next 5 generations of his family to Electronic Arts.

 

[Frostbite3789]

Snip

I think we're pretty much at a stalemate as to what we think the severity of this is.

One more thing I will say, is that all the people who thought the PSN fiasco was hilarious and the hackers were great fun. Now that we're beginning to see affects from that reach out into other parts of the industry that aren't Sony, it's going to be a hell of a lot less hilarious.

 

[ryo02]

EA: by writing this one sentence we are now above the law you cant sue us but we can sue you all we want.

America's courts need to realise that they are not being respected by this practice this should not be able to fly over there or anywhere.

 

[N3vans]

Another one to add to the pile of "Reasons for it being unlikely I'll get Battlefield 3." Even though I live in the EU this is a massive dick move.

That's even in spite of the rest of the Origin EULA which basically states "EA reserves the right to know every past, present and future facet of your existence and sell said information to the highest bidder to do with whatever the fuck they like."

INB4 the usual smug "you say that but you'll still buy the game" tedium, I appreciate this kind of thing gets said a lot on the build-up to releases if the developer/publisher decides to be a bellend. However, in this case I am genuinely considering not buying because despite how good a game BF3 is likely to be the principles of this matter are somewhat superior to the urge to play yet another FPS, no matter how pretty it looks.

In conclusion: EA, piss off and take your fuck-ton of petty, malicious smallprint with you.

 

[BoredRolePlayer]

Snip

I think we're pretty much at a stalemate as to what we think the severity of this is.

One more thing I will say, is that all the people who thought the PSN fiasco was hilarious and the hackers were great fun. Now that we're beginning to see affects from that reach out into other parts of the industry that aren't Sony, it's going to be a hell of a lot less hilarious.

I agree with you that the PSN thing was a mess and NO ONE should have cheered on hackers for that. Because I support homebrew and modding and we do not do that crap, it just put us in a bad spot. I can't say homebrew and hacks aren't evil cause I myself can point to so many hacks and homebrew that is just plain wrong (Can't even play Phantasy Star Portable 2 without the fear of a hacker corrupting a save, or play Animal Crossing on the DS without someone corrupting my town). I feel I always have to qualify my statement of "I owned a modded psp/DS" with a photo of my danged collection of 40+ PSP games and 80+ DS games without being called a pirate. It is screwed up.

 

[JMeganSnow]

From what I understand, you can only ever waive your right to legal redress in civil matters. If EA actually does something *criminal*, you can still take them to court even if you agree to this document, because you can't waive their responsibility for criminal acts. You can, however, grant them a waiver of responsibility for non-criminal things like, say, overcharging you accidentally, or showing you advertisements you deem "offensive" (which you can sue for nowadays).

Frankly, in these litigious times, any company *not* covering as much of their ass as the law allows is probably being negligent.