' Wrote:I could write on a bit of paper that if I break your kneecaps with a hammer you cannot claim criminal damages and get you to sign it, that's not going to stop you claiming if I then assault you with a hammer, since the terms were not legal...especially not if you were forced into signing.
Stuff like EULAs and TOS agreements are meant to scare you away from doing stuff they don't want you to do, like suing, reverse engineering etc. It is not inherently a legitimate legal document. For instance, there is no general court ruling on the validity of EULAs.
EA's contract itself even says:
"This provision applies to all consumers to the fullest extent allowable by law"
Pretty much saying, "hey this probably isn't legal, but by golly, gosh if it is we will enforce it" If it isn't legal, it can't be enforced. That's why that TOS doesn't apply to the EU, because it is explicitly against EU law...I'm pretty sure.
That's called Duress, I don't know how this would fall under that term. Unless EA and Sony took a baseball bat to your kneecaps before you signed on the dotted line.