First, i respect your thinking. But dont be naive, when it comes to "contracts" (such as toss),
1 - all they need to do is change a single word in the contract and all any theory you have is gone.
2 - they can make u play the "court" game for years, YEARS, so others consumers cant sue them based on your suposed win, and besides, in the end it can lose all the sense, for instance, lets say you sue them about the Linux feature, if u actualy are able to fight in all grounds, when u finally get your win, Playstation 4 will be out :D
3 - Judges, are usualy, old people, they usualy not only dont play any games, they hate them, they think is bullxit, so what they see is a big companie in one side "suposed trying to protect their rights and products", and a Kid (or big kid, if u'r adult), making he loses his time over things HE DOESNT CARE, LIKE OR UNDERSTAND.
4 - Judges decisions are not only based on law, its more like "he understing about how the law applies on the case", and also, in his decision one strong point he will have to consider is the "common good", this things can easly overtake what the law says.
And u guys are lukcy, justice system works better (better doesnt mean good) on your contries, in other places they would not even consider your rights in cases like that.
Read more: http://www.ps3hax.net/showthread.php...#ixzz1Yrz7ZhjJ
I value your post, but im sorry i have to disagree.. i go through each point..
1. I disagree.. if you agree to terms and they hold you to them,, They Can change them but you must agree to them again.. also it what is wrong now.. its not a word they can change its about your right plain and simple..
2. not talking about Linux, Talking about constitutional rights... ps4 doesn't matter at all...Yes they could delay and delay... but i dont need a lawyer.. Im not saying im going to Court im just saying i wouldnt mind being in the position...
3. Its simple Law you don't have to play games... A judge doesnt understand everything in world, They understand law and what law were broken and if any were broken.. They dont have to know to load a GT5 save game...
4. I disagree with that in this case.. because this is a direct violation of US constitution..
Trial By jury is one of the biggest rights we have in the US judicial system.. To force someone to give that up, after they purchase content that had no warning of the terms.. Its wouldnt fly IN ANY LEGIT court room..
The great thing is to fight this you dont have to take them to court.. In the USA contact your states attorney generals... There is no way they will let this fly..
Qoute my post 6 months down the road!!!!!
I just found this nice little article.. They have an Opt OUT clause.. but you may not even need it..
"Keep your legal rights by sending a letter--we even made a template! Plus, a lawyer questions whether this will even hold up." .........
"This really sort of sucks because it is doubtful that any individual could afford to sue them," explained Washington attorney Thomas Buscaglia, who specializes in games. "Not sure how enforceable it will be, but I think it it would be really cool if gamers started to circulate a form opt out rejection of these terms and mailed them in."
That said, Sony's move could run into problems, regardless of whether you send in a letter or not.
"This is certainly not standard practice by any standards...in fact it may well not be enforceable," said Buscaglia. "Time will tell on that one. The US Federal Trade Commission and various state consumer protection agencies could have a problem with it. Also, some courts might not allow it to be enforced due to existing state court precedent."