EA Attacks Legal Rights of Gamers

EA has recently added language to its end user license agreement that would waive a gamer's right to engage in a class action lawsuit with, aka "sue", the company over issues pertaining to its Origin PC service. This same language is used in online-capable EA games like Madden and FIFA online play. The clause goes as follows:

"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."

This addition comes behind Sony's recent end user agreement changes, which came behind AT&T's similar move. According to the Supreme Court, which ruled 5-4 in favor of the clause, the act of forcing users to waive their right to sue a company when accepting the agreement is enforceable and legal. According to many customers affected by these changes, legality isn't the question; morality is. One user mentioned on GIO that you'd think EA would realize that adding a "you can't sue us" clause would be a hint that their business model may not be top notch. Unfortunately it seems corporations like EA lack the common sense to reach that conclusion, or they're simply too lazy to change their business model to better accommodate the needs of their consumers.

Said customers do have the ability to exempt themselves from this rule, and thus accept the EULA while still being able to sue EA for future infractions. Thing is, within 30 days of accepting that modification, the customer would have to send a letter to EA that includes name, address, account ID, and a "clear statement that you do not wish to resolve disputes with any [EA] entity through arbitration." Oh EA, you had just gone from 'Evil' to 'Bad' when you sink back down by doing this type of thing.

In response to this change in EA's EULA, many gamers are considering cancelling pre-orders of Battlefield 3. Why EA wants to stab customers in the back with these EULA changes, yet they spend millions of dollars trying to get people to love their games, is a mystery to me. One thing is for certain: now that at least three big corporations have done this type of thing, more will follow suit. One can hope they don't, however. I'd love to hear your thoughts on this issue.

via VG247, GI, and PC World