Opt Out of EULA Class-Action Prevention Clauses With Ease

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Zachary Amaranth:

They also have no-lick stamps. the ones they sell over the counter at my PO are ALL like that. I didn't even known they still sold ones you needed to lick.

You know I've been meaning to ask you forever, what is your avatar? It reminds me of KOF's Leona Heidern.

RT-Medic-with-shotgun:
Meh. I shall stick to not buying their shit.

Samesys. Oh yeah, samesys, EA and Sony!

Seriously, though, I am not a fan of the legal hoola-hoops these companies try to jump through with Terms of Service "agreements," and it doesn't do anything to me to not buy from them (because I wasn't anyway!). My PS3 became a primary Blu-Ray player pretty much the day it was purchased, and I've had one too many bad experiences with EA's idea of quality, so all they're doing is giving me an actual reason to object to supporting them ha ha!

SL33TBL1ND:

Orry:

SL33TBL1ND:

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.

That is precisesly the principal of the matter that I find disturbing. Yes, there is the argument/excuse "well nobody reads those things!" but it goes deeper than that as far as legal agreements go. It simply cannot be boiled down to such simplistic scenarios of "sign it or move along" given the current nature of ToS being delivered after a purchase (and carefully hiding the more devious parts amongst paragraphs of drivel). There was once a time when writing your name in blood constituted as a deal with the devil, and if these types of actions become the status quo for companies, then all it will take is checking a box.

I have an EA account. I got it when I got Mirror's Edge on Steam so that I could participate on the leader boards for timed trials. While I do not expect to ever use Origin I sent in an opt-out letter thanks to these guys. Also, since I'm a big fan of a little something called "consumer rights", I donated a few bucks under the name of my open-source hardware company. Who cares that I have only made one product and that it is now discontinued? Gilberti Industries will rise again!

doggie015:

legend forge:

Fensfield:
So... is anyone else having difficulty actually using their site?

The web form appears to lack a confirm button. (Ticks / Okay's beside each field, before anyone asks). There's a 'Go back / Cancel' button, but..

Same happened to me, I am assuming you are from Canada or some other place that the EULA doesn't apply (Canada myself). The Canadian court system got ahold of an EULA with this type of clause and said something to the effect of HAHA NO! So it doesn't apply to us!

I'm in Australia and CANNOT submit this form despite the fact that the EULA DOES apply here! And considering we still have a queen and have the Union Jack in the corner of our flag we are still technically a part of the UK and the EULA applies THERE as well!

Cool your boots, 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. Also Sony treats Australia as part of Europe so they haven't changed their ToS for Australia. Maybe they think we are Austria?

I have a high-school friend who is a copyright lawyer and she has a friend who is a class action specialist and he is the one who told me that it won't hold water in Australia. A friend of a friend, yes, but I did hear it directly from a class action lawyer.

Also. We still have a Queen and the Union Jack on our flag makes us a part of the UK? What are they teaching you kids these days? We have been an independent nation with our own laws since Federation in 1901. Christ. We are as much a part of the UK as India, Canada or New Zealand.

SL33TBL1ND:
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.

octafish:

doggie015:

legend forge:

Same happened to me, I am assuming you are from Canada or some other place that the EULA doesn't apply (Canada myself). The Canadian court system got ahold of an EULA with this type of clause and said something to the effect of HAHA NO! So it doesn't apply to us!

I'm in Australia and CANNOT submit this form despite the fact that the EULA DOES apply here! And considering we still have a queen and have the Union Jack in the corner of our flag we are still technically a part of the UK and the EULA applies THERE as well!

Cool your boots, 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. Also Sony treats Australia as part of Europe so they haven't changed their ToS for Australia. Maybe they think we are Austria?

I have a high-school friend who is a copyright lawyer and she has a friend who is a class action specialist and he is the one who told me that it won't hold water in Australia. A friend of a friend, yes, but I did hear it directly from a class action lawyer.

Also. We still have a Queen and the Union Jack on our flag makes us a part of the UK? What are they teaching you kids these days? We have been an independent nation with our own laws since Federation in 1901. Christ. We are as much a part of the UK as India, Canada or New Zealand.

SL33TBL1ND:
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.

Well, good thing I live in Aus, though. I just feel for our US buddies on this one.

octafish:

SL33TBL1ND:
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.

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.

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.

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.

PingoBlack:
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:
vote with your valet!

What, the bloke who parks the car?

Raiyan 1.0:
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:

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?

octafish:

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.

SL33TBL1ND:
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

octafish:
...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!

doggie015:

octafish:
...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!

SL33TBL1ND:

Orry:

SL33TBL1ND:

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.

PingoBlack:

RhombusHatesYou:

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?

It was the only typo I found to take out of context for my own amusement.

Woodsey:
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).

Irridium:

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.

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