Under tort law, the expectations of everyone are worth about as much as a freshly laid pile of steaming dog shit. What matters is whether the steps taken by Sony to safeguard the information were reasonable under the circumstances. That is the duty Sony owed their subscribers. That a subscriber subjectively thinks Sony should have put the information in a little plastic tube and firmly inserted it up their ass for safekeeping, secure from all possible attempts to hack that information, doesn't matter. What matters is whether or not what Sony did to safeguard the information was objectively reasonable under the circumstances.stinkychops said:Torts law is a great example of why Sony should be held accountable.JDKJ said: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."stinkychops said:Nope it's Sony's.Aeonknight said: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."stinkychops said:Let me fix that.Aeonknight said: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.
"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.
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.
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.
It's quite clear that everyone expected Sony to be able to protect their information, and so Sony is obligated to do as such.