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EA Inserts Anti-Lawsuit Language Into New User Agreement

by Matt Helgeson on Sep 23, 2011 at 09:41 AM

Following the lead of Sony, which recently inserted a clause into its terms of service agreement that require gamers to waive their right to participate in a class action lawsuit against the company, Electronic Arts has added similar language to its end user license agreement.

The agreement must be signed to participate in features like Madden and FIFA online play, as well as EA's Origin PC service.

Here's the language from the 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."

You can opt out of the service by mailed letter, but there is a 30 day window -- in which case, considering the new terms of service were instituted on the 25th of August, you're pretty much out of time.

Whether these agreements could hold up in court in in question, but in any case it's an unprecedented attack on the legal rights of gamers and consumers.

Source: Kotaku