If you accept the most recent system update for Sony‘s PlayStation 3, you’ll have to digitally acknowledge their newly updated terms and conditions. Part of those conditions stipulate that by agreeing to them, you will not be able to join in a class action suit against the company.
ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND THE SONY ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011.
Have no fear, friends, you can actually opt out of this portion of the agreement. It will just take an obnoxious amount of physical leg work. You’ll need to mail a hard copy requesting to bypass this condition. Yes, seriously…
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION 15, YOU MUST NOTIFY SNEI IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 6080 CENTER DRIVE, 10TH FLOOR, LOS ANGELES, CA 90045, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR PSN ACCOUNT NUMBER, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY SONY ENTITY THROUGH ARBITRATION.
I’ll admit it, I already updated my PlayStation 3 before reading this mess. If you don’t agree to the terms and conditions Sony slides out in front of you before the update, you won’t be able to receive the patch and you’ll be kept from playing games online with your friends.
Effectively, you have three options: accept the conditions and never join a class action suit against Sony, deny the conditions and forfeit your right to play online with friends or deny the conditions and go through the process of writing the company a letter to request exemption.