updated 08:45 pm EDT, Tue October 23, 2012
Plaintiffs have until November 9 to refile with amendments
District Judge Anthony J. Battaglia has dismissed most of a class-action lawsuit filed by users of Sony's PlayStation Network data breach from 2011. The suit filed last June accuses Sony of inadequate user information protection, failure to abide by industry standard practices, and exposure of users to risk of identity theft. Compensation for paid services not accessible during the shutdown, such as MLB.tv, NHL Gamecenter, and Netflix is sought by the plaintiffs as well.
In denying the lawsuit as it stands, Judge Battaglia pointed to a clause in the user agreement noting that "there is no such thing as perfect security" and "we cannot ensure or warrant the security of any information transmitted" through the service. The judge views the two phrases in the user agreement as sufficient to disprove that Sony misled customers or was responsible for user security at all.
Judge Battaglia additionally pointed out that Sony's terms of service states that "no warranty is given about the quality, functionality, availability, or performance of Sony Online Services, or any content or service offered on or through Sony Online Services. That, coupled with the plaintiffs inability to prove any specific harm has resulted in the dismissal of the suit, with caveats.
The plaintiffs have been given until November 9 to refile and amend the complaint, addressing the judge's ruling given today. It is unclear what remains from the plaintiff's original complaint after the judge's ruling.
Playstation Network ruling