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EA's New User Agreement Bans Lawsuits
Old 23 September 2011, 23:16   #1
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Electronic Arts has updated its Terms of Service Agreement for the Origin platform. Following Sony's lead, and taking it even further, EA has added a new clause that prevents users from suing them in both class action and jury trial forms. Or in other words, in a scummy move - EA wants you to give up your civil rights. And yet they wonder why so many people pirate their games.

"Most user concerns can be resolved quickly and to your satisfaction by logging into our customer support interface with your Account at http://support.ea.com/. In the unlikely event that EA cannot resolve a concern to your satisfaction (or if EA cannot resolve a concern it has with you after attempting to do so informally), then you and EA agree to be bound by the following procedure to resolve any and all disputes between us. This provision applies to all consumers to the fullest extent allowable by law, but expressly excludes residents of Quebec, Russia, Switzerland and the Member States of the European Union.

By entering into this Agreement, you and EA expressly waive the right to a trial by jury or to participate in a class action. This agreement is intended to be interpreted broadly. It covers any and all disputes between us ("Disputes"), including without limitation:
  1. claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
  2. claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising);
  3. claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  4. claims that may arise after the termination of this Agreement.
The only disputes that are not covered by this Section 17 are the following:
  1. a claim to enforce or protect, or concerning the validity of, any of your or EA’s (or any of EA’s licensors’) intellectual property rights;
  2. a claim related to, or arising from, allegations of theft, piracy, or unauthorized use;
  3. In addition, nothing in this Agreement shall prevent either party from initiating a small claims court action.
With respect to this Section 17, References to "EA," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Software under this or prior agreements between us. This EULA evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Section 17. This arbitration provision shall survive termination of this EULA."

Update: Bad news! Microsoft came up with a similar clause.

Attached Files
File Type: pdf EA-EULA.pdf (95.7 KB, 264 views)

Last edited by Regeneration; 29 May 2012 at 20:21..
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Old 23 September 2011, 23:29   #2
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Taking a page from Sony's book. EA titles suck anyway. Just like Sony, EA has been on my "Won't Buy" list for sometime anyway. This won't hold up in any US court regardless how liberal it is. I see them getting sued just for this.
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Old 24 September 2011, 00:16   #3
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From EA and Sony: Dear Customer, in order to RAPE... err SERVE you better you cannot file a lawsuit against us, because we care for you, this is our way to show you how much we as corporations love you, its for your own service and protection... you can trust us, you know we have EVEr done athing to you as a customer.
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Old 24 September 2011, 00:23   #4
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What a load of excrement, soon you will have to sign a liability waver when you buy a console.
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Old 24 September 2011, 01:24   #5
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I'm fairly positive that I read that AT&T did something like this even before SONY. EA seems to have taken a smart step - it is too easy for some to go after a company for ludicrous amounts of money. Small claims suits can still occur, and should be enough. Really, why are you so enraged? Read what it actually means. These companies simply don't want to be taken advantage of, seems like. Don't try to justify piracy. Not yours - do not touch! Can't just enjoy a game - don't touch! With that said, if these companies abuse their customers, they are basically guaranteed to take a hit, at least. But they should be able to defend themselves against moronic lawsuits! Anyone remember that hot coffee lawsuit? Yeah...
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Old 24 September 2011, 01:31   #6
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Quote:
EA titles suck anyway
so i take it you're a COD fag that plays recycled trash.

atleast BF innovates war gameplay.
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Old 24 September 2011, 01:51   #7
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It's never easy for individuals to face corporations with unlimited funds in the court of law (e.g. Sony vs. George Hotz). Totally unbalanced. Class action lawsuits and juries bring balance to the legal system. Besides, by doing something like this, EA opens a door for far-more-abusive-clauses in EULAs.

Last edited by Regeneration; 24 September 2011 at 02:01..
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Old 24 September 2011, 02:03   #8
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Originally Posted by squall_leonhart View Post
so i take it you're a COD fag that plays recycled trash.

atleast BF innovates war gameplay.
Said perfectly.
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Old 24 September 2011, 03:24   #9
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Regen, Hotz was the one guilty Consoles are meant to be closed systems. People just want to come home and relax. If you want to tinker, do it in a non-intrusive matter(if you own a gun, it doesn't make it ok to shoot people, because you're curious, for example). I agree that we should wholly own the things we buy, doing whatever we want with them - just be reasonable with what you do with it. CF(custom firmware) can be fun and useful, but you know it leads to piracy and hacking. Some boxes need to stay closed for the greater good - bad schools, where kids go wild aren't as good for learning. Gotta learn to control yourself in life.
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Old 24 September 2011, 04:38   #10
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I fully respect Sony's efforts in battling piracy. But just because a bunch of people are criminals, it's not a reason to place everyone in prison. I, for one, would like to run PDF reader, MSN and 3rd party web browser on my Sony PSP. Why am I being prevented from doing so? Is that piracy? No. Sorry but placing everyone in quarantine isn't a legitimate move. Sony should find a way to prevent piracy without taking away our freedom.

George Hotz came up with a solution for this problem. He allowed us to run homebrew. He even said it's not meant for piracy, and in fact - he's against piracy. He never broke a law, there is no evidence linking him to piracy. Besides, people can do whatever they want with their purchased property.

Sony was upset with the fact someone cracked their platforms. They wanted to make an example out of him - just to scare others, so they terrorized him in the court of law, fully knowing he never broke a law. I call it 'legal terrorism'. This is a great example of an unbalanced legal battle. You see, unlike individuals, Sony has an unlimited budget, they don't mind spending millions on litigation.

Class action lawsuits, jury trials are equalizers. Sony, EA, AT&T or whoever, shouldn't be allowed to strip people of their civil/constitutional rights.
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