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7/31/2016 9:30:12 PM
6
They have zero grounds to sue on. TOS/Eula maybe people should read these things and stop blindly agreeing to them if their gonna bitch when the developer something well within their rights
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Agreed, but ToS and EULAs don't hold a lot of water in court cases because they are too easy to skip without reading. However, a class action lawsuit of this kind would get thrown out of every court in America.
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But that's completely the consumers fault. Just like Sony put in their newest TOS that you can't sue them.
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Lol yeah that's funny but ToS and EULAs are not really enforceable by Sony or Bungie (or any company really), it just gives them a buffer that helps to prove good faith with actions they take against end users. Basically it's a way to help build a case for a company so that it can protect it's interests against malicious users. For example, a ToS by itself won't protect a company against class action lawsuits but a ToS and a EULA in addition with open communication explaining the company's actions should be sufficient unless there's clear malicious intent by the company. I'm sorry if what I said is a little complicated or hard to understand but that's the nature of our court system. [spoiler]America has been so sue-happy for so long that our basic laws have become incredibly convoluted. It's stupid that the courts let stuff like this happen for so long.[/spoiler]
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You're actually very wrong. A terms of service will protect against class action lawsuits, especially when it includes an arbitration and class action clause. Court rulings find in favor of companies that employ the click to accept (in our case press a or x) terms of service. Just because you did not read them doesn't mean you get to use our of negligence to what you're signing.
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That's rather bad the EULA and Tos are what should help protect companies from stupid lawsuits. The only time someone should be able to sue a company is when the company has clearly done something wrong that was not only a violation of a rule/law but is weighted by the inconveniences the company has created for the customer and has not given any from of compensation.
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Completely agree bud, but that's how it is. There's been a LOT of talk about tort reform in the past 10 years but no one seems to want to take it on. Too much work for something that won't gain voters. Lol no one's going to say in their campaign commercial, "I fought hard for tort reform and made things better for big businesses so they don't have to fight frivolous lawsuits every year or so." The average voter will think that they're talking about bakeries being able to make cakes any way they want. It's awful but that's what it means to be a democracy, the interests of the few are determined by the judgement of the many regardless of the level of knowledge that the many has on the subject. If you care, write your congressmen for tort reform. They actually do read the letters you send them and will then have physical proof that his or her constituents want tort reform.
