Sony Hit With Class Action Lawsuit Over PSN Breach

[Aeonknight]

Because the 15 minutes it takes for any smart person to go cut up their card to make sure their identity is not stolen as a result of this, is not worth running a company into the ground, with the reprecussions of their absence in this industry being far worse.

You left your front door unlocked last night. As a result, burglar stole a copy of a game you borrowed from a friend. That friend is now sueing you for your whole fucking house.

Let me fix that.

"You promised a friend you wouldn't lose his game, as it is important to him, in fact you signed a legal contract. You left your front door unlocked last night. As a result, a burglar stole potentially 78 million games you borrowed from 78 million friends. Those friends are now sueing you for your whole fucking house."

I'm far more concerned that this could set legal precedent allowing companies to fuck over their consumers and lose information with no legal repercussions. I didn;t hear people crying about ruining peoples lives when Sony and other big businesses were suing individual people into poverty.

You really think that this little "incident" isn't going to already hit Sony where it hurts? Losing trust in the company will cost them money in sales. Alot of money. A decent chunk of that 78 million you've been throwing around have probably already migrated to the 360 and won't look back. They've been "punished."

But hey! let's file a lawsuit for identity theft!... before ANY cases of identity theft have been reported.
And frankly, now that we all know what's at risk here.... if someone doesn't take steps to prevent things from going from bad to worse... it's their own damn fault. Not Sony's.

 

[DefinitelyPsychotic]

As long as this "class-action lawsuit" doesn't prevent LA Noire from coming out on the PS3 on May 17th, I don't care what happens...

 

[Aeonknight]

Because the 15 minutes it takes for any smart person to go cut up their card to make sure their identity is not stolen as a result of this, is not worth running a company into the ground, with the reprecussions of their absence in this industry being far worse.

You left your front door unlocked last night. As a result, burglar stole a copy of a game you borrowed from a friend. That friend is now sueing you for your whole fucking house.

Let me fix that.

"You promised a friend you wouldn't lose his game, as it is important to him, in fact you signed a legal contract. You left your front door unlocked last night. As a result, a burglar stole potentially 78 million games you borrowed from 78 million friends. Those friends are now sueing you for your whole fucking house."

I'm far more concerned that this could set legal precedent allowing companies to fuck over their consumers and lose information with no legal repercussions. I didn;t hear people crying about ruining peoples lives when Sony and other big businesses were suing individual people into poverty.

You really think that this little "incident" isn't going to already hit Sony where it hurts? Losing trust in the company will cost them money in sales. Alot of money. A decent chunk of that 78 million you've been throwing around have probably already migrated to the 360 and won't look back. They've been "punished."

But hey! let's file a lawsuit for identity theft!... before ANY cases of identity theft have been reported.
And frankly, now that we all know what's at risk here.... if someone doesn't take steps to prevent things from going from bad to worse... it's their own damn fault. Not Sony's.

Nope it's Sony's.

I agree that it would be better if people had waited for a few cases to show up.

However that doesn;t change the fact that when/if they do Sony is accountable.

Punishment cannot be dictated by the market. Otherwise theres no point of having a judicial system. Punishment=/=justice. In fact all the people who had to move from PS3 to Xbox have lost money as well. If their details are stolen it doesn't help them that Sony is hurting. Sony has to pay for its mistakes properly. You'd expect the same of me.

Maybe we just have different definitions of justice, because in my book, using the judicial system to kick someone when they're down to put a quick buck into a lawyer's wallet isn't justice. Like a pack of Hyena's...

This may be Sony's mistake, and it sure as hell is an inconvenience to us (a whole 15 minutes worth.) But ultimately, if you have the opportunity to prevent your ID from being stolen and you choose not to.... who's fault is it really when/if it does happen? Hiding behind "it's Sony's fault I'm in this predicament!" isn't going to make it sting any less if you do nothing.

 

[Ogargd]

They sued hard and unfairly and now they are being sued hard and fairly =D

 

[Aeonknight]

Because the 15 minutes it takes for any smart person to go cut up their card to make sure their identity is not stolen as a result of this, is not worth running a company into the ground, with the reprecussions of their absence in this industry being far worse.

You left your front door unlocked last night. As a result, burglar stole a copy of a game you borrowed from a friend. That friend is now sueing you for your whole fucking house.

Let me fix that.

"You promised a friend you wouldn't lose his game, as it is important to him, in fact you signed a legal contract. You left your front door unlocked last night. As a result, a burglar stole potentially 78 million games you borrowed from 78 million friends. Those friends are now sueing you for your whole fucking house."

I'm far more concerned that this could set legal precedent allowing companies to fuck over their consumers and lose information with no legal repercussions. I didn;t hear people crying about ruining peoples lives when Sony and other big businesses were suing individual people into poverty.

You really think that this little "incident" isn't going to already hit Sony where it hurts? Losing trust in the company will cost them money in sales. Alot of money. A decent chunk of that 78 million you've been throwing around have probably already migrated to the 360 and won't look back. They've been "punished."

But hey! let's file a lawsuit for identity theft!... before ANY cases of identity theft have been reported.
And frankly, now that we all know what's at risk here.... if someone doesn't take steps to prevent things from going from bad to worse... it's their own damn fault. Not Sony's.

Nope it's Sony's.

I agree that it would be better if people had waited for a few cases to show up.

However that doesn;t change the fact that when/if they do Sony is accountable.

Punishment cannot be dictated by the market. Otherwise theres no point of having a judicial system. Punishment=/=justice. In fact all the people who had to move from PS3 to Xbox have lost money as well. If their details are stolen it doesn't help them that Sony is hurting. Sony has to pay for its mistakes properly. You'd expect the same of me.

Maybe we just have different definitions of justice, because in my book, using the judicial system to kick someone when they're down to put a quick buck into a lawyer's wallet isn't justice. Like a pack of Hyena's...

This may be Sony's mistake, and it sure as hell is an inconvenience to us (a whole 15 minutes worth.) But ultimately, if you have the opportunity to prevent your ID from being stolen and you choose not to.... who's fault is it really when/if it does happen? Hiding behind "it's Sony's fault I'm in this predicament!" isn't going to make it sting any less if you do nothing.

There are a lot of people who might be blissfully unaware. If I stab someone and they don't realise (which isn't as uncommon as you'd think) that doesn't make it their fault when they bleed to death.

No. what I'm saying is that if people get money stolen from them because of Sony's ineptness, these customers might already be hard on their luck. Sony's potentially already kicking a few million people while they're down.

As I've said. I'm worried about legal precedence.

Then let the government slap them with a fine and force them to implement tighter security measures (which they're doing anyway, before the word "lawsuit" even came into play.)
There's no need to sue them into oblivion. Especially if proper steps are taken, nothing will happen.

 

[spartandude]

People this isnt just about credit card information or your personal opinion, this is about sony not keeping proper measures inplace to protect sensitive data and as such violating the data protection act.
this may not help too much but it does show to other companies that they need to keep this information secure. and i know it may not be sony's fault as it may have been a skillful hacker but other systems like Xbix Live and Steam havnt had this problem and they probably have had hacking attempts

 

[StormwaveUK]

Because the 15 minutes it takes for any smart person to go cut up their card to make sure their identity is not stolen as a result of this, is not worth running a company into the ground, with the reprecussions of their absence in this industry being far worse.

You left your front door unlocked last night. As a result, burglar stole a copy of a game you borrowed from a friend. That friend is now sueing you for your whole fucking house.

Let me fix that.

"You promised a friend you wouldn't lose his game, as it is important to him, in fact you signed a legal contract. You left your front door unlocked last night. As a result, a burglar stole potentially 78 million games you borrowed from 78 million friends. Those friends are now sueing you for your whole fucking house."

I'm far more concerned that this could set legal precedent allowing companies to fuck over their consumers and lose information with no legal repercussions. I didn;t hear people crying about ruining peoples lives when Sony and other big businesses were suing individual people into poverty.

Whilst I agree that your analogy is more accurate, you're missing the point of what people are complaining about.

If I was one of the 78 million people who lost his game in said robbery, would I claim my game back, with the result being that the person who made a perfectly innocent mistake losing his house? The answer is no, I personally believe that my "friend" should keep his house, and I will take the loss of my game. The two are not in balance at all. It would be incredibly selfish of me to claim a game back with the result of completely destroying another person, regardless of whether I have a legal right to it or not.
So I personally want no part in it, as most other people don't.

In reality here, nobody has even lost anything yet, so the point is moot anyway.

 

[JDKJ]

How will this help the situation?

Help what situation? Getting back to playing your games?

Sony is getting what they deserve for grossly mismanaging their network.

If an online bank company gets hacked, they are just as much to blame as the hacker.

It's their job to not only manage money, but ensure security... as should have been with PSN -- ESPECIALLY after they realized the PS3 was jailbroken.

Also, they guaranteed the safety of people who saved their CC info. This is a breach of contract, and in accordance, can suffer legal action for damages. I'm sure my good friend JDKJ will correct me if I'm wrong.

I hate this happened, but I don't mind seeing Sony get a little of their own medicine back at them.

Before I say you're wrong -- which I'll all too gladly do -- I'd like to see proof of this claimed guarantee. The PSN's Terms of Use would seem to do the exact opposite when it says that Sony can't be held liable for any loss suffered as a result of using PSN.

 

[spartandude]

How will this help the situation?

Help what situation? Getting back to playing your games?

Sony is getting what they deserve for grossly mismanaging their network.

If an online bank company gets hacked, they are just as much to blame as the hacker.

It's their job to not only manage money, but ensure security... as should have been with PSN -- ESPECIALLY after they realized the PS3 was jailbroken.

Also, they guaranteed the safety of people who saved their CC info. This is a breach of contract, and in accordance, can suffer legal action for damages. I'm sure my good friend JDKJ will correct me if I'm wrong.

I hate this happened, but I don't mind seeing Sony get a little of their own medicine back at them.

Before I say your wrong -- which I'll all too gladly do -- I'd like to see proof of this claimed guarantee. The PSN's Terms of Use would seem to do the exact opposite when it says that Sony can't be held liable for any loss suffered as a result of using PSN.

Problem is when you go into a country which leagally requires you to keep that info secure then youve got problems

 

[JDKJ]

Entitled shits.

Sony's PSN has been operate for a number of years and this is the first major breach that I can recall, by a third party.

Fuck off and pull your head out of your arses.
And fuck Mr. Lawyer man for trying to cash in on... no, wait, you're just doing your job.

While I would agree with what your saying 99.9% of the time, this isn't just people suing to sue. People had to invest their own money into monitoring their credit because Sony had bad security. Sony was derelict in their duties to keep people's private information safe. Do you think it's fair that they told people their info was safe, then it gets stolen, and then people have to invest their own resources into making sure their information is safe because Sony has poor security?

Putting aside the fact that whether or not Sony was indeed "derelict" (I believe the better word may be "negligent") is a legal conclusion that I don't think can be drawn at this time and assuming they were, what "resources" would you have to invest in safeguarding your information? A half hour of your time and a handful of quarters spent calling your bank(s) and the credit reporting bureaus to advise them that your information was comprised? What's that worth? There's a legal principal expressed in Latin as "de minimis non curat lex" and which translates into English as "the law does not concern itself with trifles" or "don't come into the courtroom trying to nickle and dime the other guy to death."

 

[JDKJ]

Don't worry guys, Phoenix Wright is on the case!

OT: I really hope they catch the hackers in this case, and sue THEM to oblivion

So if Sony were criminally negligent you don't think they deserve to be sued?

Why the hell not?

Because you can't be "sued" for criminal negligence. You can be "prosecuted" for it. You can be "sued" only for civil negligence.

 

[RicoADF]

Am I the only one that's a little pissed that somehow I'm included in all this?

Look, I don't give a shit about lawsuits or any of the other speculative bullshit I've been reading for the past few days right now. I just want to know if I need to change my credit card or not, who did it, and when is this all gonna be fixed!

Definitely don't change your card (why put another in danger) and I wouldn't even bother canceling the one you use.
What I would do is call your credit card company and see if they can sign you up to a credit monitoring service if you aren't already. It usually costs a little less than $10 a month and from this it looks like you might be able to get Sony to pay for it... eventually. And if you're already signed onto something like that with another card, that plan probably covers your other cards.

The problem with this isn't so much the credit card (you're insured for that: I wouldn't even worry about the card specifically) but the personal info (name, address, email, and password/security questions if you use the same password/SQ for many things) which can be used to take out credit cards you don't even know about or loans.

Just make sure that you never use your Debit card for things like this and you should be okay. Credit card balances are always insured. The cash in your bank account isn't always insured... even if your bank assures you that it is.

Once again, this advise comes from Frank Abagnale (Catch me if you Can) and that guy is a genius when it comes to this stuff.

I'm with the Commonwealth bank and it actually had a news bulliten about it, which when clicked on said:

"With the recent compromise of data through the "Sony Playstation Network" there is currently no requirement for you to stop or replace your credit or debit card. Our existing fraud security measures are in place and we will notify you if we detect unusual transactions on your account. To deter fraudulent activity on your account we recommend that you have a unique NetBank password. If you wish to change your password in NetBank, go to the Security tab and click on My password."

As I already have a unique netbank password (and a token as a 2ndary measure) my system is covered, however i agree that everyone should check with their bank/credit card issuers as to what systems they have in place to deal with the 'crisis'.

 

[JDKJ]

Because the 15 minutes it takes for any smart person to go cut up their card to make sure their identity is not stolen as a result of this, is not worth running a company into the ground, with the reprecussions of their absence in this industry being far worse.

You left your front door unlocked last night. As a result, burglar stole a copy of a game you borrowed from a friend. That friend is now sueing you for your whole fucking house.

Let me fix that.

"You promised a friend you wouldn't lose his game, as it is important to him, in fact you signed a legal contract. You left your front door unlocked last night. As a result, a burglar stole potentially 78 million games you borrowed from 78 million friends. Those friends are now sueing you for your whole fucking house."

I'm far more concerned that this could set legal precedent allowing companies to fuck over their consumers and lose information with no legal repercussions. I didn;t hear people crying about ruining peoples lives when Sony and other big businesses were suing individual people into poverty.

You really think that this little "incident" isn't going to already hit Sony where it hurts? Losing trust in the company will cost them money in sales. Alot of money. A decent chunk of that 78 million you've been throwing around have probably already migrated to the 360 and won't look back. They've been "punished."

But hey! let's file a lawsuit for identity theft!... before ANY cases of identity theft have been reported.
And frankly, now that we all know what's at risk here.... if someone doesn't take steps to prevent things from going from bad to worse... it's their own damn fault. Not Sony's.

Nope it's Sony's.

I agree that it would be better if people had waited for a few cases to show up.

However that doesn;t change the fact that when/if they do Sony is accountable.

Punishment cannot be dictated by the market. Otherwise theres no point of having a judicial system. Punishment=/=justice. In fact all the people who had to move from PS3 to Xbox have lost money as well. If their details are stolen it doesn't help them that Sony is hurting. Sony has to pay for its mistakes properly. You'd expect the same of me.

Actually, under American tort law, punishment is dictated by the market. This is reflected in the concept of "reasonable care." For example, it is entirely possible for automakers to design and produce an automobile that can withstand most collisions without causing fatalities or major injuries. Such an automobile would resemble a Sherman tank or a Brink's armored truck. But tort law does not impose that requirement on automakers. To do so would be economically unreasonable. Such an automobile would cost more than the average consumer of automobiles would be capable of affording. So instead the law requires of automakers a lesser standard of care in the design and production of automobiles, a standard that isn't "100% certain to never cause death or injury" but, rather, one that is merely "reasonable under the circumstances."

 

[JDKJ]

How will this help the situation?

Help what situation? Getting back to playing your games?

Sony is getting what they deserve for grossly mismanaging their network.

If an online bank company gets hacked, they are just as much to blame as the hacker.

It's their job to not only manage money, but ensure security... as should have been with PSN -- ESPECIALLY after they realized the PS3 was jailbroken.

Also, they guaranteed the safety of people who saved their CC info. This is a breach of contract, and in accordance, can suffer legal action for damages. I'm sure my good friend JDKJ will correct me if I'm wrong.

I hate this happened, but I don't mind seeing Sony get a little of their own medicine back at them.

Before I say your wrong -- which I'll all too gladly do -- I'd like to see proof of this claimed guarantee. The PSN's Terms of Use would seem to do the exact opposite when it says that Sony can't be held liable for any loss suffered as a result of using PSN.

Problem is when you go into a country which leagally requires you to keep that info secure then youve got problems

Not necessarily. For example, there is a general legal requirement that the operator of a jet ski concession take reasonable steps to ensure that those who rent jet skis from them aren't injured as a result of the concessionaire's negligence and further requires that the concessionaire be responsible for damages caused renters by their negligence. That's the general state of the law. But it is also possible for the jet ski concessionaire to have renters agree before renting that they rent the jet skies at their own risk and will not seek to hold the concessionaire responsible for any damages no matter how caused. This is called a "waiver."

Technically, the PSN's TOU don't waive any legal requirement that Sony keep your information secure. But it does waive your ability to hold them civilly liable for any resulting damage if they fail to do so.

 

[JDKJ]

Am I the only one that's a little pissed that somehow I'm included in all this?

Look, I don't give a shit about lawsuits or any of the other speculative bullshit I've been reading for the past few days right now. I just want to know if I need to change my credit card or not, who did it, and when is this all gonna be fixed!

Definitely don't change your card (why put another in danger) and I wouldn't even bother canceling the one you use.
What I would do is call your credit card company and see if they can sign you up to a credit monitoring service if you aren't already. It usually costs a little less than $10 a month and from this it looks like you might be able to get Sony to pay for it... eventually. And if you're already signed onto something like that with another card, that plan probably covers your other cards.

The problem with this isn't so much the credit card (you're insured for that: I wouldn't even worry about the card specifically) but the personal info (name, address, email, and password/security questions if you use the same password/SQ for many things) which can be used to take out credit cards you don't even know about or loans.

Just make sure that you never use your Debit card for things like this and you should be okay. Credit card balances are always insured. The cash in your bank account isn't always insured... even if your bank assures you that it is.

Once again, this advise comes from Frank Abagnale (Catch me if you Can) and that guy is a genius when it comes to this stuff.

I'm with the Commonwealth bank and it actually had a news bulliten about it, which when clicked on said:

"With the recent compromise of data through the "Sony Playstation Network" there is currently no requirement for you to stop or replace your credit or debit card. Our existing fraud security measures are in place and we will notify you if we detect unusual transactions on your account. To deter fraudulent activity on your account we recommend that you have a unique NetBank password. If you wish to change your password in NetBank, go to the Security tab and click on My password."

As I already have a unique netbank password (and a token as a 2ndary measure) my system is covered, however i agree that everyone should check with their bank/credit card issuers as to what systems they have in place to deal with the 'crisis'.

That is standard industry practice. If you've never charged more than $100 on your credit card and never made a charge in the City of Las Vegas and all of a sudden a $1000 charge at the Bellagio pops up on your card, all kinds of sirens and flashing lights go off at your bank.

This is because in most instances, the credit card holder isn't on the hook for fraudulent transactions. The one with all the risk for fraudulent transactions is the bank. They do what they can to minimize that risk. It's their risk, not yours.

 

[King of the Sandbox]

I couldn't help but lol when I read this.

I bet that humble pie is tasty.

 

[Radelaide]

Am I the only one that's a little pissed that somehow I'm included in all this?

Look, I don't give a shit about lawsuits or any of the other speculative bullshit I've been reading for the past few days right now. I just want to know if I need to change my credit card or not, who did it, and when is this all gonna be fixed!

May I suggest doing it anyway?