Following Sony’s lead, EA has updated its terms of service to prohibit users filing class action litigation.
The agreement is now included with all EA titles, as well as its Origin digital distribution service.
The relevant clause appears right at the end of the terms of service agreement:
By accepting these terms, you and EA expressly waive the right to a trial by jury or to participate in a class action.
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.
Much like Sony’s own terms of service, this one contains an opt-out clause that requires users to notify EA of their decision in writing within 30 days of (dis)agreeing with them but – cue diabolical laughter here – the terms were last updated on August 25, so that deadline’s already history.
Expect to see more of these in future, as a recent US Supreme Court ruling has set a precedent for this stuff. Next, maybe Sony and EA will be issuing colour-coded jumpsuits and Newspeak dictionaries with their products.
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