Opt Out of EULA Class-Action Prevention Clauses With Ease

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Opt Out of EULA Class-Action Prevention Clauses With Ease

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A new website makes opting out of Sony and EA's new class-action lawsuit prevention clauses easier for those of you who can't figure out a mailbox.

People hoping to opt out of the recently updated EULAs are required to send an actual physical letter, stamp and all, to Sony or EA. Now, I'd hate to be dramatic, but in this modern age that's really only slightly removed from requiring your customers to opt out via carrier pigeon, or by navigating a hostile wasteland, inscribing their defiance on a ring and chucking it into an active volcano.

Luckily for those confounded by mailboxes and terrified of postmen, GamersOptOut.com will send the letter for you. The site, which runs on donations - it even includes a neat little counter that shows you how many letters your generous donation has funded - does require some personal information, including your PSN or Origin account name and address, though it does claim it'll keep your information private. Any leftover dosh remaining after the letters have been sent will be donated to the Electronic Frontier Foundation or Child's Play.

While I can get behind the sentiment of opting out of these agreements on principle, there is an argument that the damage has already been done. Class-action lawsuits typically attract a tiny percentage of customers, even when the company named in the lawsuit is doing something particularly nefarious. Current EULA's reduce that number again, by restricting those who take part in the lawsuit only to those with enough forethought to have opted out of the restrictive clause. Without large numbers of people taking part, class-action lawsuits won't make it off the ground.

Regardless, if you're intent on opting out of these clauses, either because you want to take part in a lawsuit or because you just like giving large corporations the finger, now you can do so without having to deal with that unpleasant stamp taste.

Permalink

Meh. I shall stick to not buying their shit.

Pretty sure that you can do it anyway if you have a legitimate case. They wouldn't get custody of your kids just because they'd written it in their bloody EULA.

-'really only slightly removed from requiring your customers to opt out via carrier pigeon, or by navigating a hostile wasteland, inscribing their defiance on a ring and chucking it into an active volcano.'-

Wow, what a generation we have here, eh?

Of course, as you've given your details to GamersOptOut.com, haven't you already broken the EULA?

By installing and using this Application you acknowledge and
agree that you will abide by EA's Terms of Service and otherwise agree not to:

● Create a false identity for purposes of misleading others;
● Defame, abuse, harass, threaten, spam, violate the rights of others and/or
otherwise interfere with others' use and enjoyment of the Application;
● Publish, transfer or distribute any inappropriate, indecent, obscene, foul or
unlawful conduct;

● Transfer, stream or otherwise make available material that contains viruses,
Trojan horses, worms, time bombs, cancel bots, corrupted files or any other
similar material that may damage the computer or other property of another user;
● Use any portion of the Application to harvest or collect information about
others, including but not limited to email address.

You are responsible for all actions that occur in connection with the Origin
Account (formerly called "EA Account") you use to register and log into this
Application.

There's enough leeway in there to make proxy mailing illegal already.

Grey Carter:
or by navigating a hostile wasteland, inscribing their defiance on a ring and chucking it into an active volcano

Yes but on the upside Customer Service was far more personal back then, too. They didn't play legal games or simply claim not to have received any correspondance, they sent underlings to kill you before you could complete your quest. That's the sort of personal touch that's missing in Customer Service these says... except for Banks and Petrochemical corporations.

Doesn't opting out of this stuff basically forfeit your entire agreement, therefore preventing you from using the service? I thought that was part of the opt-out process. I'm probably wrong, but would like some verification here.

Or you could've just you know...not agreed to it. That was also a viable option if you were opposed.

Frostbite3789:
Or you could've just you know...not agreed to it. That was also a viable option if you were opposed.

not so much, disallowing content for a device you have paid for in the knowledge that you would be able to use the device without it removing your right to argue. Your either stuck not playing future games (because far too many need patches nowadays, or buckling under, thats not a real "fair" option now is it.

bahumat42:

Frostbite3789:
Or you could've just you know...not agreed to it. That was also a viable option if you were opposed.

not so much, disallowing content for a device you have paid for in the knowledge that you would be able to use the device without it removing your right to argue. Your either stuck not playing future games (because far too many need patches nowadays, or buckling under, thats not a real "fair" option now is it.

Not only future games, but you'd also be unable to play future Blu-ray titles.

What if I get a PS3, say, next year? Is there no way for me to avoid this sketchtastic EULA?

I think those working for big faceless corporations will eventually find out that if they keep screwing over customers, and violating the spirit of the legal system by denying those customers their day in court, that there are many other methods for resolving disputes available. Methods that don't involve lawyers or rules of evidence and are generally considered very expedient for the purpose of dispensing an individual's particular version of justice.

So... is anyone else having difficulty actually using their site?

The web form appears to lack a confirm button. (Ticks / Okay's beside each field, before anyone asks). There's a 'Go back / Cancel' button, but..

I think it may be stupid to give your account information to a 3rd Party whether they are trying to help you or not. Who know what they are going to do with that information.(Privacy Policies are worthless.)

Honestly, when I first saw this, I thought 'Oh, well Sony's trying to make it easier on those of us who don't agree to show that they are total dicks.' Then I found out that it was a third party site that has no affilication with Sony. So there went the 'Sony isn't total dicks' theory out the window.

And why no mention of Origin? First off, I didn't realize you COULD opt-out of the Origin agreement. Secondly, at this point EA's decisions in terms of screwing their customers doesn't come as the least bit surprising to me.

Woodsey:
Pretty sure that you can do it anyway if you have a legitimate case. They wouldn't get custody of your kids just because they'd written it in their bloody EULA.

This,

If a court actually rules it to be legal, then everything is so screwed up anyways so that a class action lawsuit should be the least of our concerns....

Idon'twanttoliveonthisplanentanymore.jpg

Jabberwock xeno:

Woodsey:
Pretty sure that you can do it anyway if you have a legitimate case. They wouldn't get custody of your kids just because they'd written it in their bloody EULA.

This,

If a court actually rules it to be legal, then everything is so screwed up anyways so that a class action lawsuit should be the least of our concerns....

Idon'twanttoliveonthisplanentanymore.jpg

Care to join me in the angry dome?

The_root_of_all_evil:
Of course, as you've given your details to GamersOptOut.com, haven't you already broken the EULA?

By installing and using this Application you acknowledge and
agree that you will abide by EA's Terms of Service and otherwise agree not to:

● Create a false identity for purposes of misleading others;
● Defame, abuse, harass, threaten, spam, violate the rights of others and/or
otherwise interfere with others' use and enjoyment of the Application;
● Publish, transfer or distribute any inappropriate, indecent, obscene, foul or
unlawful conduct;

● Transfer, stream or otherwise make available material that contains viruses,
Trojan horses, worms, time bombs, cancel bots, corrupted files or any other
similar material that may damage the computer or other property of another user;
● Use any portion of the Application to harvest or collect information about
others, including but not limited to email address.

You are responsible for all actions that occur in connection with the Origin
Account (formerly called "EA Account") you use to register and log into this
Application.

There's enough leeway in there to make proxy mailing illegal already.

You don't appear to be breaking the EULA by giving these details over. By doing this you are not creating a false identity, interfering with other users enjoyment of the Application, publishing anything unlawful or transferring viruses. And you aren't using the application to collect information on others.

You are giving that website information that is yours to give, the Origin app is not being used to get the information. And unless you don't have a password on your account somehow, the site can't use those details to log onto your account to do anything, so you remain responsible for all the actions taken on it.

So using this site doesn't break the EULA, and slightly annoys EA, who now have a lot of mail to read. EVERYONE WINS!

Better to not send a letter in, as it only gives Sony and EA something solid to show a form of agreement(or an excuse to exclude you from any online service). As it is, if you have a true grievance with Sony or EA over something with their games, no EULA or TOA is going to legally bind or handicap you from seeking legal recompense.
I don't see this changing anytime soon as it can just as easily bite the corporate party in the ass if electronic "agreements" were to become true legal contracts.

Kapol:
Honestly, when I first saw this, I thought 'Oh, well Sony's trying to make it easier on those of us who don't agree to show that they are total dicks.' Then I found out that it was a third party site that has no affilication with Sony. So there went the 'Sony isn't total dicks' theory out the window.

And why no mention of Origin? First off, I didn't realize you COULD opt-out of the Origin agreement. Secondly, at this point EA's decisions in terms of screwing their customers doesn't come as the least bit surprising to me.

You could opt out of any game EULA or TOA from when they first started to appear(in the 90's, if memory serves). The thing is, it doesn't really matter. All the EULA does is give the publisher the right to severe online service from you if there is clear justification. It really only becomes a matter with MMO's and multiplayer games(and those Ubisoft games with their online DRM). And you would have to be trying real hard to get yourself cut off.

I CANNOT find the submit button ANYWHERE on the opt-out form. I TRIED filling out EVERY field in TWO browsers (Chrome and IE) and NEITHER produced a submit button AFTER EVERY field was VERIFIED as being FILLED IN CORRECTLY! I CANNOT send a letter using this service when it DOES NOT WORK! The creators really screwed something up here and I am now in the same boat as I was in before this site went up. Thanks for NOTHING stupid javascript programmer!

Fensfield:
So... is anyone else having difficulty actually using their site?

The web form appears to lack a confirm button. (Ticks / Okay's beside each field, before anyone asks). There's a 'Go back / Cancel' button, but..

Same happened to me, I am assuming you are from Canada or some other place that the EULA doesn't apply (Canada myself). The Canadian court system got ahold of an EULA with this type of clause and said something to the effect of HAHA NO! So it doesn't apply to us!

legend forge:

Fensfield:
So... is anyone else having difficulty actually using their site?

The web form appears to lack a confirm button. (Ticks / Okay's beside each field, before anyone asks). There's a 'Go back / Cancel' button, but..

Same happened to me, I am assuming you are from Canada or some other place that the EULA doesn't apply (Canada myself). The Canadian court system got ahold of an EULA with this type of clause and said something to the effect of HAHA NO! So it doesn't apply to us!

I'm in Australia and CANNOT submit this form despite the fact that the EULA DOES apply here! And considering we still have a queen and have the Union Jack in the corner of our flag we are still technically a part of the UK and the EULA applies THERE as well!

doggie015:

legend forge:
Same happened to me, I am assuming you are from Canada or some other place that the EULA doesn't apply (Canada myself). The Canadian court system got ahold of an EULA with this type of clause and said something to the effect of HAHA NO! So it doesn't apply to us!

I'm in Australia and CANNOT submit this form despite the fact that the EULA DOES apply here! And considering we still have a queen and have the Union Jack in the corner of our flag we are still technically a part of the UK and the EULA applies THERE as well!

Yes, I'm afraid I'm also from England. To my knowledge the EULA applies here also.

Interestingly, someone told me it might be blocking scripts causing the confirm button to not appear, and I've been having trouble getting https confirmation out of the site. That said, I'm not doing any sort of script blocking, to my knowledge.

Fensfield:

doggie015:

legend forge:
Same happened to me, I am assuming you are from Canada or some other place that the EULA doesn't apply (Canada myself). The Canadian court system got ahold of an EULA with this type of clause and said something to the effect of HAHA NO! So it doesn't apply to us!

I'm in Australia and CANNOT submit this form despite the fact that the EULA DOES apply here! And considering we still have a queen and have the Union Jack in the corner of our flag we are still technically a part of the UK and the EULA applies THERE as well!

Yes, I'm afraid I'm also from England. To my knowledge the EULA applies here also.

Interestingly, someone told me it might be blocking scripts causing the confirm button to not appear, and I've been having trouble getting https confirmation out of the site. That said, I'm not doing any sort of script blocking, to my knowledge.

I am not running any script blocking either. Posting this message used a script so that can be seen as proof no script blocking is running. I hope they fix it soon

Grey Carter:
Regardless, if you're intent on opting out of these clauses, either because you want to take part in a lawsuit or because you just like giving large corporations the finger, now you can do so without having to deal with that unpleasant stamp taste.

They still make stamps you have to lick? I haven't seen those in a long time. Of course, you still have to lick envelopes... :/

mjc0961:

Grey Carter:
Regardless, if you're intent on opting out of these clauses, either because you want to take part in a lawsuit or because you just like giving large corporations the finger, now you can do so without having to deal with that unpleasant stamp taste.

They still make stamps you have to lick? I haven't seen those in a long time. Of course, you still have to lick envelopes... :/

I think the same adhesive is used on both so the taste is the same anyway

Can't they just give out instructions on how to do so? I don't have any problems with snail mail, but I don't even know if that will work for me in here. I just need some instructions.

What about how Origin's EULA says you waive your right to a trial-by-jury.

You know, something guaranteed by the US Constitution's Seventh Amendment.

http://tos.ea.com/legalapp/WEBTERMS/US/en/PC/#section20

Section 20, in bold.

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 accepting these terms, you and EA expressly waive the right to a trial by jury or to participate in a class action.

What the fuck about that? Is EA above the Constitution now?

Grey Carter:
Regardless, if you're intent on opting out of these clauses, either because you want to take part in a lawsuit or because you just like giving large corporations the finger, now you can do so without having to deal with that unpleasant stamp taste.

Permalink

I have this little thing, it's like a bottle with a sponge on top. It also lets me avoid that stamp taste without booting up the computer. And the top just pops right off, see? *pop* It just pops right off. See? *pop* You just pop it off see? *pop*

Irridium:
What about how Origin's EULA says you waive your right to a trial-by-jury.

You know, something guaranteed by the US Constitution's Seventh Amendment.

http://tos.ea.com/legalapp/WEBTERMS/US/en/PC/#section20

Section 20, in bold.

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 accepting these terms, you and EA expressly waive the right to a trial by jury or to participate in a class action.

What the fuck about that? Is EA above the Constitution now?

Well, these clauses were never going to hold up in court in the first place, we're just doing this to send a "fuck you" to them.

SL33TBL1ND:

Well, these clauses were never going to hold up in court in the first place, we're just doing this to send a "fuck you" to them.

Precedent (in the US) says they do, hence EA and Sony adding them in the first place.

double post

Woodsey:
Pretty sure that you can do it anyway if you have a legitimate case. They wouldn't get custody of your kids just because they'd written it in their bloody EULA.

They would definitely try, though.

Ghengis John:

Grey Carter:
Regardless, if you're intent on opting out of these clauses, either because you want to take part in a lawsuit or because you just like giving large corporations the finger, now you can do so without having to deal with that unpleasant stamp taste.

Permalink

I have this little thing, it's like a bottle with a sponge on top. It also lets me avoid that stamp taste without booting up the computer. And the top just pops right off, see? *pop* It just pops right off. See? *pop* You just pop it off see? *pop*

They also have no-lick stamps. the ones they sell over the counter at my PO are ALL like that. I didn't even known they still sold ones you needed to lick.

Orry:

SL33TBL1ND:

Well, these clauses were never going to hold up in court in the first place, we're just doing this to send a "fuck you" to them.

Precedent (in the US) says they do, hence EA and Sony adding them in the first place.

You're kidding right? It's your constitutional right they're trying to restrict. Believe me, it won't work.

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