Sony are even more egregious - unless you opt out within 30 days, you are subject to Binding Arbitration via the Sony EULA for example.
This means you have to settle Disputes between you and Sony through a neutral private arbitrator rather than a judge or jury in a public courtroom, and you give up the right to participate in any class-action tort.
EU protects it at a federated level, and no contract terms can override mandatory local statutory rights. Indeed most US-centric EULA clauses are considered invalid or unenforceable in the EU.
It gets worse - they only introduced this EULA after losing their subscriber database on multiple ocassions.
IANAL but apparently also opting out gives you less power in a mass-tort as your class will consist entirely of a contextually miniscule group.
"Sony's EULA, however, eliminates anyone from a potential class except for individuals who specifically opt out. If a person who opted out later chooses to pursue a claim, the class will, at most, consist of those persons who opted out. Nt enough people will opt out. The class is virtually guaranteed to be too small to make it worth any lawyer undertaking representation. So by opting out, you are registering yourself into a group that has no power and no meaning."
For Indies, sure. For AAA you've got egregious DRM that can compromise your system to an unimaginable degree. These flaws were so structurally dangerous that Microsoft permanently blocked SafeDisc and older versions of SecuROM from executing in Windows 10 onwards.
Capcom in 2016 should have been prosecuted imo - their attempt at "DRM" installed a kernel-level driver (capcom.sys) that intentionally disabled Supervisor Mode Execution Prevention (SMEP), allowing the kernel to execute code in user space...
The current Denuvo DRM to combat 'piracy' (always ALWAYS a pricing issue) is now encouraging both legal and high-seas users to use hypervisor-based bypasses to circumvent its many shortcomings. This is basically handing over the keys to your house in the AI age.
Somebody needs to tell right-wing libertarians that this is literally a way to institute Sharia law. Maybe start a IoT company, and change the EULA to force things to be settled through Islamic courts.
This is not an exaggeration. Right now Valerie Haney has begun her fourth year of court-ordered Scientology arbitration over the billion year contract she signed to work for sub-minimum wage as a Sea Org member.
This means you have to settle Disputes between you and Sony through a neutral private arbitrator rather than a judge or jury in a public courtroom, and you give up the right to participate in any class-action tort.