- Reaction score
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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.
tecnoblog.net
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.
Sony recorre, mas é obrigada a desbloquear PS5 banido em SP – Tecnoblog
Para a Sony, o usuário foi banido legalmente, pois havia aceitado os termos do PS Plus; a relatora do TJSP negou o recurso
tecnoblog.net
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