This September Sony put out a new version of their PlayStation Network (PSN) Terms of Service (ToS), requiring users to sign away their right to sue the company. Now a lawsuit against Sony is contending that the change to the ToS is an unfair business practice.
According to documents that GameSpot obtained, the lawsuit against Sony was filed late last month by a Northern California man. The suit was filed on behalf of all customers who had purchased a PS3 and signed up for PSN access before the change to the terms happened in September.
The lawsuit alleges that by forcing consumers to choose between giving up their right to a lawsuit and giving up online access for a system they paid for, Sony was engaging in unfair business practices. The suit also claims that the clause discussing class action lawsuits was buried at the end of a very long ToS document, which was viewable only on the PS3. In the past Sony has made the ToS documents available online in an easier to read format, but that was not the case for this version.
The last bit of information about the lawsuit indicates that it does acknowledge that there is a way to opt out of the specific clause in question, but it requires that consumers write to Sony within 30 days of accepting the ToS. It's not clear if the lawsuit mentions that Sony doesn't provide any written feedback or confirmation on those requests to opt out.
It's not particularly surprising that this suit is being brought against Sony. It will be interesting to see what the outcome of the case is and if it inspires other lawsuits against Microsoft, who recently added a similar clause in their updated ToS without including a way to opt out.
