alt Hacker News> The motion says the PlayStation Terms of Service put a binding arbitration agreement and a class action waiver in Section 14, and quotes the opt-out clause: ... > The clause requires a user who does not wish to be bound to notify Sony in writing within 30 days of accepting the agreement.
Binding arbitration on individuals should be illegal, full stop. The only use case is taking away people's rights as consumers and workers. Or dodging responsibility for deadly mistakes like the Disney+ incident.
This "opt out" mechanism is made to let Sony lawyers argue that accepting it was your choice so it can't be struck down as forced, even if 99% of users have no idea it exists, by design. Evil all the way down.
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This is also one of those scenarios similar to subscription or membership cancellation where we should not allow accepting/signing up for something require using an entirely different method of communication to cancel/opt out.
Requiring written notification while the TOS being accepted entirely via digital means should be illegal.
Not to mention I think its insane that we allow companies to be able to dictate how citizens are allowed to utilize their legal system.
> Binding arbitration on individuals should be illegal, full stop. The only use case is taking away people's rights as consumers and workers. Or dodging responsibility for deadly mistakes like the Disney+ incident.
Hijacking to link to another website that has good information about how binding arbitration is stacked against the consumer/employee:
Access to the legal system is a fundamental right. It should not be possible to sign it away, any more than you can sign away your right to life or liberty.
In my country, many laws state that the consumer (or "weak" part) can not sign away their rights, any contract with stipulations regarding that would void that clause. Feel like that should be the norm. Shouldn't be able to lose your consumer rights just by pressing a button, then the rights are worthless if everyone just have a huge TOS / EULA for any service covering their asses.