Opt Out of EULA Class-Action Prevention Clauses With Ease

Atmos Duality

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Mar 3, 2010
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octafish said:
SL33TBL1ND said:
snip
You're kidding right? It's your constitutional right they're trying to restrict. Believe me, it won't work.
The U.S. Supreme Court seems to think it is ok.
That's the part that bothers me.
I cannot fathom how these clauses that *directly contradict* a statement in the Constitution aren't actually ruled as unconstitutional.
 

Frizzle

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Nov 11, 2008
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So i had this whole thing written up, and then Opera crashes on me. So in short: I will not be buying any more Sony products and they will lose my business. Nor will I recommend their products to anyone.

As for EA's EULA, I think the US government should take them to court over the trial by jury thing, and send a message that this kind of shit won't be tolerated. That, or Ron Paul needs to be elected president in 2012. Cuz that's the only guy that's gonna solve any sort of problems for us.
 

PingoBlack

Searching for common sense ...
Aug 6, 2011
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I'll stick to my preferred method of making my position known.
That is, I wont go near EA or Sony digital products until the companies themselves change their modus operandi.

Opt out is all and fine, but just the fact these companies rather abuse their source of income (customers) then cater to them will not change.

These corporations do not see you as people any more. Your letters will not be read (or will be read by some person in China). But once customers are able to hold of their urges ...

Be an informed consumer and vote with your wallet!
Just delaying your game purchase for a week after release will have them running in panic.
 

Phishfood

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Jul 21, 2009
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I demand sony and EA send me a freepost envelope so that I can send my letter myself.


Said letter will be etched into an anvil. Gotta love freepost.
 

RA92

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Jan 1, 2011
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PingoBlack said:
I'll stick to my preferred method of making my position known.
That is, I wont go near EA or Sony digital products until the companies themselves change their modus operandi.

Opt out is all and fine, but just the fact these companies rather abuse their source of income (customers) then cater to them will not change.

These corporations do not see you as people any more. Your letters will not be read (or will be read by some person in China). But once customers are able to hold of their urges ...

Be an informed consumer and vote with your valet!
Just delaying your game purchase for a week after release will have them running in panic.
Unfortunately, people with a resolution like you is in the minority. Marketing trumps awareness.

And get ready to be compared to the asinine enterprises like the L4D2 and MW2 boycotts so that people can justify their purchases.
 

PingoBlack

Searching for common sense ...
Aug 6, 2011
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Raiyan 1.0 said:
And get ready to be compared to the asinine enterprises like the L4D2 and MW2 boycotts so that people can justify their purchases.
Aye, I'm aware of that.
Really, the only reason why this is happening is the general lack of customer's awareness and knowledge. Until that changes, corporations will use it to basically rob customers blind.

As they say, knowledge empowers.

But it has to be a personal choice. Not just posting "Yeah!" on this weeks popular boycott thread, but actually making informed choices before parting with your money.

RhombusHatesYou said:
What, the bloke who parks the car?
I'm glad you got my point, Mr. Grammar police. That's all you saw in my post?
 

Raddra

Trashpanda
Jan 5, 2010
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octafish said:
The U.S. Supreme Court seems to think it is ok.
Thing is, I'm guessing that if this ever -did- go to court it would be thrown out on constitutional grounds.
 

PingoBlack

Searching for common sense ...
Aug 6, 2011
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SL33TBL1ND said:
You're kidding right? It's your constitutional right they're trying to restrict. Believe me, it won't work.
You would think so ... But SCOTUS does not.

http://www.escapistmagazine.com/news/view/113229-SCOTUS-To-Blame-For-Sonys-Terms-of-Service-Changes
 

PingoBlack

Searching for common sense ...
Aug 6, 2011
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doggie015 said:
octafish said:
...you can thank the Trade Practices Act of 1974 for protecting your rights as a consumer in Australia. No one can make you sign away your rights down here so relax...
Oh thank god! I was getting worried with all of these anti-lawsuit clauses springing up!
It won't help you one bit tho.

Hypothetically:
You loose access to your Origin account, due to a dubious decision made by EA. Thus losing ability to play a number of games you purchased legally. Let's also assume the reason EA blocked your account was not legally correct. Let's also assume this happened to 1000 oter users of Origin.

Options:
- Class action: Enables all 1000 of you that were wronged to basically litigate EA as one person. Needing a single legal council and sharing the legal cost involved. Doable.
- Private lawsuit: You yourself has to provided thousands of dollars in order to restore your account which probably doesn't have a value of more than one thousand.

As you see ... you don't loose the right to litigate in any of those options. However, they know damned well at EA legal they can bankrupt you before you will win. Cynicism at its legal best!
 

Antari

Music Slave
Nov 4, 2009
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SL33TBL1ND said:
Orry said:
SL33TBL1ND said:
Well, these clauses were never going to hold up in court in the first place, we're just doing this to send a "fuck you" to them.
Precedent (in the US) says they do, hence EA and Sony adding them in the first place.
You're kidding right? It's your constitutional right they're trying to restrict. Believe me, it won't work.
You'd be suprised how effective it can be since if you want to take EA or Sony to court over anything. You'll first have to visit the supreme court and get your rights back.
 

Asehujiko

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Feb 25, 2008
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Woodsey said:
Pretty sure that you can do it anyway if you have a legitimate case. They wouldn't get custody of your kids just because they'd written it in their bloody EULA.
According to Stichting BREIN, they do. And you can implicitly agree to that EULA by walking past their office. And you probably lose that class action suit because the court date was 3 weeks ago. And you have been tried in absentia for defamation at the same time. And settled for giving them your laptop and car.

One of the above facts didn't happen (yet).
You don't need to walk past their office, only visit their website.
 

targren

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May 13, 2009
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Irridium said:
What the fuck about that? Is EA above the Constitution now?
You must be new here. They're multi-billion dollar corporation.

Of course they're above the Constitution.