Bags159 said:
Sony doesn't need to accept anything. It's their console, their rules. If they put in the TOS that they still technically own it and you sign it then it's theirs, unfortunately. I'm all for fighting little crusades but leave the people you're trying to "help" out of it. (to whomever is behind this)
Also, this geohotz guy is a little *****. Yes, Sony totally intentionally gave away all of your person information. Who does he think he is?
Well, actually those TOS agreements have never been properly challenged, the effots against them have usually been quite limited and coming from the wrong angles.
To be blunt, one of the big issues here if someone decided to properly fight these agreements is that when you actually pay for a console your not agreeing to anything. For the TOS to be binding, you'd have to sign that as you paid for the console.
Even so, contract law can be very complicated, there are all kinds of laws in place to prevent people from being screwed, and it can be very subjective and governed by precedent. Issues like the length of a contract, and whether it was clearly stated enough, or even too long can all be big issues if challenged correctly. Your signature on a contract, is just a scrawl on a piece of paper in many cases.
When it comes to very complicated contracts the people involved usually involve notaries who act as witnesses to the signing, who can later be tapped to testify on their understanding of the document, and whether everyone involved had the same understanding.
What's more, it's also noteworthy that all the relevent documentation has to be availible, in the case of things like EULAs and TOS agreements, they frequently refer to laws or rulings but don't actually include those documents even as some kind of attachment.
Another important point is simply that when you buy a console, returning it for the full value is not always an option. A lot of retailers won't take opened electronics back, and the cost of mailing things like a console can be quite high assuming a mail-return option to the company itself is even availible.
At any rate, manufacturers/producers/developers would like to claim they are basically just leasing you permission to use their hardware, software, product, or IP, and have had some luck in defending that position, but right now we haven't seen any serious challenges brought before them. I suspect because the best people in those areas of law are hired, by and/or kept on retainer by the companies themselves... even if never used, the money they accept prevents them from getting involved against the companies due to a conflict of interest. Meaning that most of the people fighting these battles are hardly specialists in this area of law, going up against those that are, in one of the more messed up and subjective areas of the US legal system.
When it comes to non-binding contracts, if you look through a lot of stuff involving various stars making movies in Hollywood you'll find some stuff about it. When they refer to "making deals on a handshake" they don't nessicarly mean that literally, but rather that you see contracts being made without the nessicary safeguards, witnesses, and other people, and then being broken because they are fundementally indefensible in court.
One case for example would be the movie "Boxing Helena" where Kim Basinger allegedly contracted to star in the movie (about a girl who has her arms and legs cut off and is kept in a box under a bed by her insane boyfriend if I remember), accepted payment, and then refused to get involved. The details are sketchy, but the bottom line is that it went to court and she wind up losing like 8 million dollars which put her into bankrupcy temporarly, but then a year later appealed it and got the ruling reversed since the contract was deemed non-binding. I don't remember all the specifics, but the point is that contract law is a giant mess, and there are a lot of things you simply can't agree to in a contract anyway. I have my doubts if the terms specified in a TOS agreement or EULA would remain binding if ever challenged properly even if there WAS a physical contract signed at the time of purchuse.