Gaming Brazil: Sony loses PS+ Collection game-sharing lawsuit and now has to unban another PS5

tom_mai78101

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NOTE: This article is in Brazilian Portuguese. I'm using Google Translate for this.

Sony suffered defeat in the lawsuit filed by the user who had the PS5 banned for sharing PS Plus Collection games with others. As a result, the judge of the São Paulo Court of Justice (TJSP) forced the company to reactivate the console. The Japanese woman filed an appeal to try to overturn the sentence, but a TJSP rapporteur denied the request, and the verdict remained the same.

Sony claimed that the user was legally banned.

Tecnoblog had access to the resource presented by Sony. The company asked for the sentence to be overturned, claiming that the PS5 owner had agreed to the PlayStation Plus Terms of Use and was therefore legally banned and could no longer access the console.

Sony further claimed that the user had knowingly violated the service rules. For the company, the banned player cannot say that he was unaware of the terms of the PS Plus, as the regulation "is exposed to consumers, in a clear and crystalline way".
The rapporteur for the case disagreed with Sony's arguments.

TJSP's rapporteur Deborah Lopes did not agree with Sony's arguments. She explained that the PS Plus guidelines do prohibit sharing games in the collection with others, but neither the rule nor the punishments are clear in the service's code of conduct.

Due to this flaw in the wording of the text, the sentence stated that the appellant failed to comply with the duty to provide information by imposing punitive clauses without prominence, being written in the body of the adhesion contract with the same font and size, without a specific field for a visa consumer or similar formality.

Deborah Lopes, rapporteur of the TJSP, in sentence.

In addition, the rapporteur clarified that, even though it is provided for in the PS Plus rules, the ban is abusive and goes against the Consumer Protection Code (CDC), as it “puts the consumer at an excessive disadvantage”.

For these reasons, Deborah denied Sony's appeal and upheld the original sentence. The Japanese company must reactivate the banned PS5 and pay R $ 1,500 in fees to the console owner's lawyers, in addition to bearing the costs of the lawsuit. There will be no indemnity for pain and suffering.

Original source (Tecnoblog BR)
 
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  • tom_mai78101 tom_mai78101:
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  • tom_mai78101 tom_mai78101:
    By the way, where are you moving to?
  • Varine Varine:
    Back to Idaho for the summer, then maybe Houston in August or so, my girlfriend or whatever we are loved it there
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    I'm not sure yet, but my parents need some help cuz they're getting older and my mom has MS so can't do much anymore, so I'll be able to get their property fixed up so they can sell their other house. And the resort is stoked to have me back for the summer, cuz they always struggle with staff.
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  • Varine Varine:
    I hate my job but I do like one of my bosses, he does try really hard to get me what I need, and I want to make sure I leave with them comfortable with a new manager
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    I like my coworkers for the most part too as much as I bitch about them, they just aren't reliable. As kids tend to be, I was a shithead at 19 and 20 too I'm sure, so
  • tom_mai78101 tom_mai78101:
    Good luck on getting things going.
  • Varine Varine:
    Eh, it'll be fine, I got it mostly planned out already. Roommates know, boss will know in about an hour when I go to work, I'll have a plane booked once we decide my last day, and I have a place to stay up there lined up for two or three months
  • Varine Varine:
    That all came together surprisingly easily
  • Varine Varine:
    I think I'm going to give 4 weeks, so that'll give me 2 more full checks probably, and then one more coming after I leave.
    +1
  • Varine Varine:
    All that shit came together really well suprisingly. My boss was upset cuz I am really good at my job suprisingly, but he's stoked that he got 4 weeks, plus one or two if he needs it, my flight's book in mid June, but I start my new job almost immediately so it'll be nice to have some time to chill and pack and get my rooms cleaned out. He actually gave me a dollar raise right after I gave notice to thank me for not being short or just leaving and making sure I can help interview and train someone to replace me. He is really cool, his food truck has just been a nightmare to run. I get my vaccine next week finally, allegedly Idaho will let me have my license back when I get there, and I have all my bills up to date so it should be an easy move this time around.
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  • jonas jonas:
    sounds great :) have fun in Idaho
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    freaking Idaho
  • Varine Varine:
    Yeah it sucks up there, but it'll be a bit easier for the summer probably.
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    When you get to Houston you will have your pick there is a huge shortage of good people to work in your field here. They are hiring everywhere and Texas is pretty much fully open.
  • The Helper The Helper:
    for anyone else following this yes I am in Houston so Varine and I will RL meet gotta love it! Looking forward to it!
  • jonas jonas:
    awesome

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