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Nobody's perfect: Why Sony's PSN breach lawsuit was dismissed
Nobody's perfect: Why Sony's PSN breach lawsuit was dismissed
October 23, 2012 | By Mike Rose

October 23, 2012 | By Mike Rose
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A U.S. District judge has dismissed much of a lawsuit filed by a group of PlayStation Network users against Sony, in relation to last year's infamous PSN hack, as he notes that Sony's privacy policy stated that its security was not perfect.

The users behind the original complaint said that Sony "failed to follow basic industry-standard protocols to safeguard its customers personal and financial information," which led to the hack which exposed more than 69 million people's personal and bank details.

However, judge Anthony J. Battaglia noted in the 36-page order, as provided by [PDF] Courthouse News, that the privacy policy signed by all of the plaintiffs before using their PlayStation 3's included "clear admonitory language that Sony's security was not 'perfect,'" therefore "no reasonable consumer could have been deceived."

He added that personal information was stolen from Sony as a result of a criminal intrusion, and since the original complaint had not alleged that Sony was involved in the intrusion itself, there would be no bailment charge with prejudice.

Elsewhere in the order, Battaglia states that Sony did not violate consumer-protection laws "because none of the named plaintiffs subscribed to premium PSN services, and thus received the PSN services free of cost."

In total, the judge threw out seven of the eight motions, although he noted that the PSN users involved have a short period in which they can file an amended complaint.


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Comments


Vin St John
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Wait, so none of the people suing are people whose credit card information was stolen? Not that it's shocking that someone might not want other information, like their address or phone number, leaked, but it's weird that the lawsuit is by a group comprised only of these folks.

Alexander Florez
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Yeah, I would have figured the suit would have been made by dozens of people who had strange credit charges made in the following months. Their suit seems to be more complaining about what COULD have happened with their info that didn't actually become a problem.

Brandon Alexander
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Most of the time when this kind of thing happens, it's just a group of lawyers that think they can make a good enough case to get some money.


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