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EA Inserts Anti-Lawsuit Language Into New User Agreement

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

Email the author Matt Helgeson, or follow on Twitter, and Game Informer.

Comments
  • bad ea stop reverting back to super evil. Just when you went to evilish you do this and get put into really evil. Knock it off
  • Taking the EULA to a whole new level.  Your rights have been stomped on, ladies and gentlemen.

  • Cowards. Why are our legal rights being attacked so much these days? These issues span far and beyond just gaming... Oh well, I'll still hit "I Agree" on BF3.
  • And the race to see who can cover one's ass the quickest rages on.
  • There is something up.First sony now ea? Video game companies know that they are vulnerable to attacks, now gaming online is equivalent to having someone punch you in the face and signing a warrant saying that person isn't responsible if your nose ends up broken.These guys know something we don't.
  • This is so sad... If you need to prevent your consumer base preemptively from class action lawsuits, something is horribly, horribly wrong with your company. Don't take away our rights because you run such a messed up system. Shame on Sony, and shame on EA.

  • Whoa...I'm left speechless.
  • Makes me wonder how many other companies have somthing like this floating in the EULA that no one has noticed yet.

  • Mod
    Yeah I hope that wouldn't hold up in a court of law. If it did I'd imagine every contract ever in America would have a clause saying signees waive the right to sue.
  • If you really feel that your business practices warrant such preventative measures, you should probably reexamine your business model...
  • The funny thing is that this doesn't stop parent groups or other game companies (the people who have sued EA in the past) from suing them again, this stops gamers who get screwed over from getting what they deeserve as compensation.
  • I'm charging up my lazer EA. You better watch out you babies

  • And this is why Sony doing it was so bad. Now everyone is going to add in this clause to any of their games. I wonder, if you could bring a class action lawsuit against this clause
  • Are they able to sue us?
  • http://www.youtube.com/watch?v=uWKMjBa8f_I&feature=channel_video_title Skip to 1:07 and stop at 1:12.
  • Never gonna use Origins.

  • I'm not sure a company can have you waive your right to legal action. I'm fairly certain a creative lawyer will use the 6th amendment to undermine this.
  • I don't get how this can be legal. Especially here in Germany where consumer rights are held in much higher regard than the US for instance. I hope that at least some elements in my government push for a ban of Origin/games that require Origin in Germany so EA would be forced to change their EULA for it to be consumer friendly. This is complete *** but we will all accept it in order to play Battlefield 3. It's fricking pathetic of us.
  • Like others are saying, if a business finds a clause like this neccessary, there is something seriously wrong with their business model. Besides that, whatever happened to "the customer is always right?"
  • lol in case there was any doubt, these agreements prove video games are big business

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