No Class - Action in New Electronic Arts User Contract
EA decides you don't have right to jury
Electronic Arts has decided to follow the route recently taken by Sony in updating it's user terms and conditions attempting to ban the use of Class Action Suits in the USA to take it to court.
EA has updated its Ts & Cs to include the following statements that you agree to by opening a boxed-copy of a game or by clicking "OK, Sure, Whatever" (not exact wording) on EA's Origin site for example.
"By accepting these terms, you and EA expressly waive the right to a trial by jury or to participate in a class action."
Now, this might stand-up in the USA - we're checking - but the chances of "waive your right to trial by jury" in the UK and are about the same as the chances of EA not banging on about "innovative gameplay going forward" and then producing another FPS.
The wording, spotted by Kotaku, continues, "You understand that by this provision, you and EA are foregoing the right to sue in court and have a jury trial.
"You and EA agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding."
So, EA can't have a jury trial against you? Of course, unless you're a company the size of EA, the chances of you being able to go to a US jury trial against the company are slim. Effectively this is saying that any case that could be brought would be brought under some form of arbitration.
Chances of effectiveness in the UK? Stop laughing!
That said, with the sheer weight of litigation brought in the USA for things such as "Offensive green color on box" or "Emotional distress caused by losing at Madden to my Mom", you can see why companies such as EA and Sony could see the legal positives in attempting to remove basic freedoms from its own consumers.
EA has updated its Ts & Cs to include the following statements that you agree to by opening a boxed-copy of a game or by clicking "OK, Sure, Whatever" (not exact wording) on EA's Origin site for example.
"By accepting these terms, you and EA expressly waive the right to a trial by jury or to participate in a class action."
Now, this might stand-up in the USA - we're checking - but the chances of "waive your right to trial by jury" in the UK and are about the same as the chances of EA not banging on about "innovative gameplay going forward" and then producing another FPS.
The wording, spotted by Kotaku, continues, "You understand that by this provision, you and EA are foregoing the right to sue in court and have a jury trial.
"You and EA agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding."
So, EA can't have a jury trial against you? Of course, unless you're a company the size of EA, the chances of you being able to go to a US jury trial against the company are slim. Effectively this is saying that any case that could be brought would be brought under some form of arbitration.
Chances of effectiveness in the UK? Stop laughing!
That said, with the sheer weight of litigation brought in the USA for things such as "Offensive green color on box" or "Emotional distress caused by losing at Madden to my Mom", you can see why companies such as EA and Sony could see the legal positives in attempting to remove basic freedoms from its own consumers.
Companies:
Electronic Arts
Read More Like This