ZAZ: I would like a ruling saying the Uniform Commercial Code prohibition on disclaimers of warranties for consumer goods applies here. That would mean when you buy a gadget you can disregard a shrinkwrap or clickwrap license that says you bought a brick unless you agree to additional terms. When you buy a printer you get a printer, not a plastic thing that doesn't work unless you agree to the exclusive jurisdiction of Japanese courts. (I actually got that one, and it would not let me decline. I had to reboot to avoid clicking accept. After rebooting the printer worked.)

Such a ruling would probably last only until the next intellectual property law goes through Congress. I can still hope, right?

By rebooting you clearly circumvented the manufacturer's sacred protections against bloodthirsty functionality-seeking savages such as yourself. Prepare for a long stay at your local federal prison.

I am surprised class action lawsuits haven't been attacked by Fox News for being too socialist. Surely the tort reform campaigners should fold in these sorts of cases into their plans to protect large companies from any comeback on their policies (except where the involve other large companies that can afford to hire lawyers by the bucket load).

Their breach amounted to gross negligence on their part. You can't "waive" negligence.


I clicked through.

Since I refused to update the firmware since Sony tried this crap, I will gladly participate in a class-action lawsuit against them. I hope the MS one is soon to follow for their latest XBL update.

What's that sound... It's like distant circus music, coming from the direction of Japan.

buttcat: Since I refused to update the firmware since Sony tried this crap, I will gladly participate in a class-action lawsuit against them. I hope the MS one is soon to follow for their latest XBL update.

Oh god damn it so much, I knew the damn update was too good to be true. And you can't opt out of this one like the Sony/EA arbitration clauses.

ZAZ: I would like a ruling saying the Uniform Commercial Code prohibition on disclaimers of warranties for consumer goods applies here. That would mean when you buy a gadget you can disregard a shrinkwrap or clickwrap license that says you bought a brick unless you agree to additional terms. When you buy a printer you get a printer, not a plastic thing that doesn't work unless you agree to the exclusive jurisdiction of Japanese courts. (I actually got that one, and it would not let me decline. I had to reboot to avoid clicking accept. After rebooting the printer worked.)

Such a ruling would probably last only until the next intellectual property law goes through Congress. I can still hope, right?

Has California adopted the UCC, I guess is the question.

Knara: ZAZ: I would like a ruling saying the Uniform Commercial Code prohibition on disclaimers of warranties for consumer goods applies here. That would mean when you buy a gadget you can disregard a shrinkwrap or clickwrap license that says you bought a brick unless you agree to additional terms. When you buy a printer you get a printer, not a plastic thing that doesn't work unless you agree to the exclusive jurisdiction of Japanese courts. (I actually got that one, and it would not let me decline. I had to reboot to avoid clicking accept. After rebooting the printer worked.)

Such a ruling would probably last only until the next intellectual property law goes through Congress. I can still hope, right?

Has California adopted the UCC, I guess is the question.

Every state but that civil code loving backwater of Louisiana has.

I find this funny - as I was recently forced to update due to the system deciding one day to no longer read disks. Of course the problem resolved itself after the update.

Sony actively tries to piss off their loyal customer base. They remind me of Blockbuster and Circuit City.

Nemo's Brother: Sony actively tries to piss off their loyal customer base. They remind me of Blockbuster and Circuit City.

throwing syfy channel in that just because it was on

Seeing as the core functionality (playing Games, watching blurays) is restricted by new discs forcing the update on you, they reaaally need to be biatchslapped down.

The other funny thing in this...Microsoft did it two weeks ago with their new XBL dash update.

They saw the hell Sony is going through with their PSN. Their is a "Can't sue us" clause, and no one cares. Sony turns around and does it, and are slapped with an unfair practice suit. That is so awesome.

It goes to show you how your customers will get your back if you get theirs.

This is why PCs are better than consoles -- you can just edit the file so the EULA never shows up. Try doing that on a PS3.

almandot: Nemo's Brother: Sony actively tries to piss off their loyal customer base. They remind me of Blockbuster and Circuit City.

throwing syfy channel in that just because it was on

You missed Netflix.

Whatever. I sold my PS3 after their incredibly tone-deaf handling of the PSN breach and have no plans to buy any Sony products in the future. Sony can EABOD. I should have known better than to get the PS3 in the first place given their prior, rampant anti-customer history.

At least Sony had the opt-out of these clauses. MS should've been the first one hit with this suit.

buttcat: Since I refused to update the firmware since Sony tried this crap, I will gladly participate in a class-action lawsuit against them. I hope the MS one is soon to follow for their latest XBL update.

The only online thing I use my PS3 for is Netflix, which requires the firmware updates. When I first signed up you could login without signing into the PSN, but just before the hacking and network outage they updated their software to close that loophole. Brilliant timing. So now whenever the network is down or they change their ToS, I call Netflix to complain about having to put up with this shiat from Sony to use their service.

\I hate that you have to call, but their reps are very nice.

Skirl Hutsenreiter: buttcat: Since I refused to update the firmware since Sony tried this crap, I will gladly participate in a class-action lawsuit against them. I hope the MS one is soon to follow for their latest XBL update.

The only online thing I use my PS3 for is Netflix, which requires the firmware updates. When I first signed up you could login without signing into the PSN, but just before the hacking and network outage they updated their software to close that loophole. Brilliant timing. So now whenever the network is down or they change their ToS, I call Netflix to complain about having to put up with this shiat from Sony to use their service.

\I hate that you have to call, but their reps are very nice.

Roku box....problem solved.

James F. Campbell: [home.comcast.net image 640x507]

Oh, c'mon, if my husband and I want to play on the PS3 together we have an excellent selection of multiplayer games. There's Lego Star Wars, Lego Indiana Jones, Lego Batman, AND Lego Harry Potter.

\Skyward Sword was the last straw to make us get a Wii. Lego games are great and all, but I am looking forward to some multiplayer variety.

MrEricSir: This is why PCs are better than consoles -- you can just edit the file so the EULA never shows up. Try doing that on a PS3.

"I cannot SEE the EULA...that means I'm not bound to it!"

Class action lawsuits are the greatest thing ever.
Class actions make lawyers into bounty hunters that police the mega corporations looking for violations.
Just think of the expense of policing them with state or federal law enforcement!
Plus it, law enforcement is always skewed by politics....
The Security and Exchange Commission sent Martha Stewart to prison for selling stock after receiving an insider tip that she didnt ask for but they prosecuted exactly ZERO people for the financial meltdown that ruined our entire economy.
Class action lawyers cost tax-payers almost nothing... they are more effective than police and they pay for themselves!

There are pretty much the norm after that AT&T ruling. At least sony lets you easily opt out, unlike some of the other companies.

Still, would prefer if these sort of clauses went to the wayside.

TheWhoppah: Class action lawsuits are the greatest thing ever.
Class actions make lawyers into bounty hunters that police the mega corporations looking for violations.
[...]
Class action lawyers cost tax-payers almost nothing... they are more effective than police and they pay for themselves!

Except that the lawyers often take these cases on contingency of taking 50% or more of any award or settlement in lieu of payment, leaving the members of the plaintiff class with maybe a coupon for a free bag of fries or equivalent for each of them.

James F. Campbell: [home.comcast.net image 640x507]

After many years of ignoring my PC roots and worshiping at the feet of my N64, Gamecube, and Xboxes, I am currently in the market for a new gaming PC. I'd like to get a laptop. Beyond that I honestly don't know a hell of a lot. Suggestions?

/stupid Skyrim houses not having enough bookshelf space... I assume that can be rectified in the PC version

miniflea: James F. Campbell: [home.comcast.net image 640x507]

After many years of ignoring my PC roots and worshiping at the feet of my N64, Gamecube, and Xboxes, I am currently in the market for a new gaming PC. I'd like to get a laptop. Beyond that I honestly don't know a hell of a lot. Suggestions?

/stupid Skyrim houses not having enough bookshelf space... I assume that can be rectified in the PC version

A gaming laptop is never a good idea. They tend to be the heaviest, hottest, and worst battery performance of any laptop. Plus you lose the upgradability of a desktop. Unless you really intend on portable pc gaming like LAN parties rather frequently, youre better served with a stationary gaming pc and a separate portable device.

A modern videocard is about the same size as a macbook pro, and uses more electricity...

miniflea: James F. Campbell: [home.comcast.net image 640x507]

After many years of ignoring my PC roots and worshiping at the feet of my N64, Gamecube, and Xboxes, I am currently in the market for a new gaming PC. I'd like to get a laptop. Beyond that I honestly don't know a hell of a lot. Suggestions?

/stupid Skyrim houses not having enough bookshelf space... I assume that can be rectified in the PC version

I got an Alienware laptop last September. It runs Skyrim fine. Price is extremely variant depending on your screen size - if portability is your thing, get a small one and a monitor for your desk at home (what I did) - it's also cheaper.

James F. Campbell: [home.comcast.net image 640x507]

and that is why I have a PS3.


/for reals.

Well, Zel: miniflea: James F. Campbell: [home.comcast.net image 640x507]

After many years of ignoring my PC roots and worshiping at the feet of my N64, Gamecube, and Xboxes, I am currently in the market for a new gaming PC. I'd like to get a laptop. Beyond that I honestly don't know a hell of a lot. Suggestions?

/stupid Skyrim houses not having enough bookshelf space... I assume that can be rectified in the PC version

A gaming laptop is never a good idea. They tend to be the heaviest, hottest, and worst battery performance of any laptop. Plus you lose the upgradability of a desktop. Unless you really intend on portable pc gaming like LAN parties rather frequently, youre better served with a stationary gaming pc and a separate portable device.

A modern videocard is about the same size as a macbook pro, and uses more electricity...

I agree. But if you're willing to spend a few extra bucks, gaming laptops are at the very least achievable.

ZAZ: I would like a ruling saying the Uniform Commercial Code prohibition on disclaimers of warranties for consumer goods applies here. That would mean when you buy a gadget you can disregard a shrinkwrap or clickwrap license that says you bought a brick unless you agree to additional terms. When you buy a printer you get a printer, not a plastic thing that doesn't work unless you agree to the exclusive jurisdiction of Japanese courts. (I actually got that one, and it would not let me decline. I had to reboot to avoid clicking accept. After rebooting the printer worked.)

Such a ruling would probably last only until the next intellectual property law goes through Congress. I can still hope, right?

Goods, not services. PSN is a service, UCC warranties do not apply. Plus the UCC is only "uniform" in that no state or the feds have it. It's the model that state/federal laws are built around, but isn't by itself enforceable - each state and the feds have their own statutes that may or may not be 100% the same as the UCC. But you're on the right track. Either there is a law on the books prohibiting a company from banning class actions, or there SHOULD BE.

What I'm MOST curious about is how Sony is explaining itself to its insurers and the credit card companies. They need to have credit-card transactions approved in order to get ANY money out of PSN, and it's the credit card companies that lose money in fraud cases, so they charge out the ass for industries that have high fraud rates. If THEY aren't happy with Sony, they could just refuse to approve any transactions involving the PSN.

Individuals who are fraudulently charged get their money back from the credit card companies, which get their money back from insurers or directly from Sony. So really the main victim of interest is the credit card company. If Sony's trying to get them to agree not to sue, that ain't going to work because the shoe of power is on the other foot as between those two parties.

ZAZ: I would like a ruling saying the Uniform Commercial Code prohibition on disclaimers of warranties for consumer goods applies here. That would mean when you buy a gadget you can disregard a shrinkwrap or clickwrap license that says you bought a brick unless you agree to additional terms. When you buy a printer you get a printer, not a plastic thing that doesn't work unless you agree to the exclusive jurisdiction of Japanese courts. (I actually got that one, and it would not let me decline. I had to reboot to avoid clicking accept. After rebooting the printer worked.)

Such a ruling would probably last only until the next intellectual property law goes through Congress. I can still hope, right?

Are you stupid? These clickwrap deals were specifically permitted by caselaw. Dont make me get my 1l contacts book out scrub. This wouldn't even be a disclaimer. Tis more akin to an arbitration clause, which the ucc dont care about.

cefm: What I'm MOST curious about is how Sony is explaining itself to its insurers and the credit card companies. They need to have credit-card transactions approved in order to get ANY money out of PSN, and it's the credit card companies that lose money in fraud cases, so they charge out the ass for industries that have high fraud rates. If THEY aren't happy with Sony, they could just refuse to approve any transactions involving the PSN.

Individuals who are fraudulently charged get their money back from the credit card companies, which get their money back from insurers or directly from Sony. So really the main victim of interest is the credit card company. If Sony's trying to get them to agree not to sue, that ain't going to work because the shoe of power is on the other foot as between those two parties.

I don't think CC companies are on the hook for the PSN TOS. That sort of suit would be between the two companies over a different service.

I don't think the PSN hack resulted in any legit cases of CC fraud. some rumors, but I don't recall any confirmations. Probably because the CC numbers were encrypted, and thus, not worth the time to try to crack compared to easier targets.

James F. Campbell: [home.comcast.net image 640x507]

Speaking of gaming, how's Skyrim working out for you console players? We master PC gamers just got a user mod introduced this morning from a fellow master PC gamer that ups the frame rate by about 33% across the board.

BumpInTheNight: James F. Campbell: [home.comcast.net image 640x507]

Speaking of gaming, how's Skyrim working out for you console players? We master PC gamers just got a user mod introduced this morning from a fellow master PC gamer that ups the frame rate by about 33% across the board.

Link? Thank you in advance.

ChubbyTiger: BumpInTheNight: James F. Campbell: [home.comcast.net image 640x507]

Speaking of gaming, how's Skyrim working out for you console players? We master PC gamers just got a user mod introduced this morning from a fellow master PC gamer that ups the frame rate by about 33% across the board.

Link? Thank you in advance.

Here you are good sir:
http://forums.bethsoft.com/topic/1321657-tesv-acceleration-layer-off er s-cpu-optimization-massive-possible-performance-increases-now-in-skse- plugin-format/ (new window)

It relies on another process hook-in tool but yah the basic understanding is Bethesda does not compile the game with any sort of optimizations so this guy just went and remapped a bunch of addresses to emulate one of the most basic compiler optimizations known as in-lining and the results are a really drastic improvement. Most effective in the heavier areas like cities of course.

Waiting for some DLC for Skyrim, as well as a Steam sale.