Posted by GregoryRasputin
, on 15/09/2011
Recently Sony went through some changes, regarding the naming of some of it services, it has renamed its Qriocity service to S.E.N(Sony Entertainment Network), with that name change and its restructuring of the S.N.E.A/S.N.E.I services, came a some what Controversial New T.O.S, i wont use shocking as nothing that Sony does in regards to its loyal customers is a shock anymore, not that i will be getting into the root kits and removal of OtherOS, i will stay with the subject at hand, the new T.O.S:
Throughout most of the T.O.S, you will see loads of red text and red lines running through text, one thing that caught my eye was the striking out of key words like purchasing and owning, that were replaced with “licensing”, so what that basically means, that any product you “buy”, is no longer yours as you are only licensing it, or in other words renting it, until such times Sony removes that service/feature, a quote from article #4:
Your existing PSN wallet will be used forto purchase of content licenses or services offered on QriocitySEN. You must transition your QriocitySEN account to a PSN account for purchase ofto license content or purchase services available on PSN.
Now whilst that is quite bad in itself, the main reason for this article, which was brought to my attention, by PS3/aMSN Developer KaKaRoTo via Twitter, is chapter 15 of the T.O.S, which is an Individual Binding Arbitration, which with it being a PSN T.O.S, means it is an mandatory binding arbitration, as you HAVE to agree to it in order to use the service, here is a quote of what a binding arbitration means, pay close attention to the part i have highlighted in red and underlined:
What is arbitration?
Arbitration is an alternative method of resolving disputes in which two parties present their individual sides of a complaint to a arbitrator or panel of arbitrators. The arbitrator, who is supposed to be neutral, then weighs the facts and arguments of both parties and decides the dispute. Arbitration may be voluntary or mandatory.
What is mandatory binding arbitration?
In mandatory binding arbitration, a company requires a consumer to agree to submit any dispute that may arise to binding arbitration prior to completing a transaction with the company. The consumer is required to waive their right to sue, to participate in a class action lawsuit, or to appeal.
Why are so many consumer groups opposing mandatory arbitration in automotive transactions?
Many mandatory binding arbitration agreements are written to protect the dealer.
Read more about arbitration here.