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  1. #1
    Senior Member saviour07's Avatar
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    Post Sony's PS3 System Software License Agreement/Terms of Service (TOS)

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    I've decided to post the most recent (December 10, 2009) PS3 License Agreement because of a lot of people talking about suing Sony for this and that.

    This is what you are agreeing to when you select "Accept" in any FW update etc. If you didn't read it then, now is your chance!
    SYSTEM SOFTWARE LICENSE AGREEMENT (Version 1.4) FOR THE PlayStation®3 SYSTEM

    December 10, 2009

    PLEASE READ THIS SYSTEM SOFTWARE LICENSE AGREEMENT CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS.

    ACCESS TO OR USE OF THE SYSTEM SOFTWARE IN THE SONY COMPUTER ENTERTAINMENT INC. ("SCE")'S PlayStation®3 COMPUTER ENTERTAINMENT SYSTEM UNIT ("PS3™ system") IS EXPRESSLY CONDITIONED UPON ACCEPTANCE OF THE TERMS OF THIS AGREEMENT.

    This Agreement is a contract with SCE. This Agreement applies to any system software or firmware included in the PS3™ system, and any patches, updates, upgrades, or new versions of the system software or firmware provided to or made available for your PS3™ system through any SCE service or online network, SCE website or PS3™ system game disc (software is collectively, "System Software").

    1. LICENSE GRANT
    Subject to the terms and conditions of this Agreement, all System Software is licensed to users solely for personal, non-commercial use on the PS3™ system in the country in which the PS3™ system was designed by SCE to operate. To the extent permitted by applicable law, your rights to use or access the current version of the System Software will cease upon installation of a newer version of the System Software onto your PS3™ system, whether such installation occurs through manual or automatic download by SCE through SCE's online network, or otherwise. SCE does not grant any license to System Software obtained by users in any manner other than through SCE's authorized distribution methods. Your use or access to open source software or freeware included with the System Software is subject to additional terms and conditions set forth in the instruction manual or documentation for the PS3™ system or at [Register or Login to view links]. Such additional terms are hereby incorporated by reference. You do not have any ownership rights or interests in the System Software. All intellectual property rights therein belong to SCE and its licensors, and all use or access to such System Software shall be subject to the terms of this Agreement and all applicable copyright and intellectual property laws. Except as expressly granted in this Agreement, SCE and its licensors reserve all rights, interests and remedies.

    2. RESTRICTIONS
    You may not lease, rent, sublicense, publish, modify, adapt, or translate any portion of the System Software. To the fullest extent permitted by law, you may not reverse engineer, decompile, or disassemble any portion of the System Software, or create any derivative works, or otherwise attempt to create System Software source code from its object code. You may not (i) use any unauthorized, illegal, counterfeit, or modified hardware or software in connection with the System Software, including use of tools to bypass, disable, or circumvent any encryption, security, or authentication mechanism for the PS3™ system; (ii) violate any laws, regulations or statutes, or rights of SCE, its affiliated companies, or third parties in connection with your access to or use of the System Software, including the access, use, or distribution of any software or hardware that you know or should have known to be infringing or pirated; (iii) use any hardware or software to cause the System Software to accept or use unauthorized, illegal, or pirated software or hardware; (iv) obtain the System Software in any manner other than through SCE's authorized distribution methods; or (v) exploit the System Software in any manner other than to use it in your PS3™ system in accordance with the accompanying documentation and with authorized software or hardware, including use of the System Software to design, develop, update, or distribute unauthorized software or hardware for use in connection with the PS3™ system for any reason. Without limiting the scope of SCE's remedies, any violation of these restrictions will void the PS3™ system's warranty and affect your ability to obtain warranty services and repair services from SCE or its affiliated companies.

    3. SERVICES AND UPDATES
    From time to time, SCE may provide updates, upgrades or services to your PS3™ system to ensure it is functioning properly in accordance with SCE guidelines or provide you with new offerings. Some services may be provided automatically without notice when you are online, and others may be available to you through SCE's online network or authorized channels. Without limitation, services may include the provision of the latest update or download of new release that may include security patches, new technology or revised settings and features which may prevent access to unauthorized or pirated content, or use of unauthorized hardware or software in connection with the PS3™ system. Additionally, you may not be able to view your own content if it includes or displays content that is protected by authentication technology. Some services may change your current settings, cause a loss of data or content, or cause some loss of functionality. It is recommended that you regularly back up any data on the hard disk that is of a type that can be backed up. Other services or content may be made available to you by third parties who may require you to accept their terms and conditions and privacy policy (“Third Party Agreement”). SCE may refer to or provide you with links to websites that third parties independently operate or maintain (“Linked Sites”). SCE and its affiliated companies do not control or direct Linked Sites, nor do SCE and its affiliated companies monitor, approve, endorse, warrant or sponsor any information, conclusions, recommendations, advertisement, products, services or content described on Linked Sites. You acknowledge and agree that SCE and its affiliated companies have no liability to you for the information on the Linked Sites. Your reliance on any such information is at your own risk, and you assume all responsibilities and consequences resulting from your reliance. Please see your user's manual for information on controlling access to Linked Sites via PS3™ system's parental control. Notwithstanding any provision of any terms and conditions, in the event of any conflict between this Agreement and the Third Party Agreement, this Agreement shall control as between you and SCE.

    4. COLLECTION OF INFORMATION/ AUTHENTICATION
    SCE may retrieve information about your hardware and software for authentication, copy protection, account blocking, system monitoring/diagnostics, rules enforcement, game management, marketing purposes, tracking user behavior and other purposes. The information collected is not your personally identifying information. SCE may use DNAS (Dynamic Network Authentication System), a proprietary system designed to authenticate game titles and the PS3™ system when you connect the PS3™ system to a network, to collect this information. Any unauthorized transfer, exhibition, export, import or transmission of programs and devices circumventing DNAS may be prohibited by law. SCE reserves the right to use any other authentication or security system, or method in connection with the PS3™ system. You can find more information on how SCE or its affiliated companies may use the collected information by referring to the privacy policy on the SCE company's website for your territory. The applicable privacy policy applies to your use of the PS3™ system.

    5. INTERNET FEATURES
    Use of any feature that requires access to internet connection, including the PS3™ system's internet browser (“Internet Features”) is at your own risk. Internet Features may require wireless LAN access which may NOT be available at your location, free of charge, or free from interruption or disconnections. See your wireless LAN provider for details. Internet Features may NOT support all wireless LAN access connection points or Web sites. Browsing websites, or accessing any of the content may result in viruses, loss or corruption of data, or other problems. You must comply with all applicable laws and regulations. See other terms and conditions of use in the user's manuals. You are responsible for all fees in connection with access to or use of the internet.

    6. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
    The System Software and the contents, programs, services and websites on or provided through the System Software, including Internet Features and information on Linked Sites are provided "AS IS". SCE and its affiliated companies expressly disclaim any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. SCE AND ITS AFFILIATED COMPANIES EXCLUDE ALL LIABILITY FOR ANY LOSS OF DATA, LOSS OF PROFIT, OR ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL HOWEVER ARISING, AS A RESULT OF ACCESSING TO OR USING THE SYSTEM SOFTWARE OR ANY OF THE CONTENTS, PROGRAMS, FEATURES, SERVICES OR INFORMATION ON OR PROVIDED THROUGH THE SYSTEM SOFTWARE. SO LONG AS THIS PROVISION IS ENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

    7. TERMINATION
    If SCE determines that you have violated the terms of this Agreement, SCE may take all actions to protect its interests, including denial of any services such as warranty services and repair services provided for your PS3™ system and termination of your access to PlayStation®Network, implementation of upgrades or devices intended to discontinue unauthorized use, or reliance on any other remedial efforts as reasonably necessary to prevent the use of a modified PS3™ system, or any pirated material or equipment. SCE and its licensors reserve the right to bring legal action in the event of a violation of this Agreement. SCE reserves the right to participate in any government or private legal action or investigation relating to your conduct.

    8. EXPORT CONTROL
    The PS3™ system may contain technology that is subject to certain restrictions under the export control laws and regulations of the United States, including but not limited to the Export Administration Regulations, and the embargo and sanctions regimes of the U.S. Department of Treasury, Office of Foreign Asset Controls. As such, the PS3™ system may not be exported or re-exported to persons and entities prohibited by such laws and regulations.

    9. GENERAL LEGAL
    By using or accessing the System Software, you agree to be bound by all current terms of this Agreement. To access a printable, current copy of this Agreement, go to [Register or Login to view links] on your personal computer. SCE, at its sole discretion, may modify the terms of this Agreement at any time, including any terms in the PS3™ system documentation or manual, or at [Register or Login to view links]. Please check back on this website from time to time for changes to this Agreement. Your continued access to or use of the System Software will signify your acceptance of any changes to this Agreement. In the event of any conflict between this Agreement and the Terms of Service and User Agreement for SCE's online network, the terms of this Agreement shall control the use of or access to, the System Software.

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    ©2009 Sony Computer Entertainment Inc. All rights reserved

  2. #2
    Registered User moneymaker's Avatar
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    It's a tricky thing. Point 3 states they are free to find "remedies" and to modify the system software in a way which can cause "losses of functionality" but no point says you're forced to accept the new license agreement, they simply cannot force anyone to it..and when you will buy a software that will require a newer system software actually they force you to update thus they are forcing you to accept a license agreement (if you wish to play the game) that you're not forced to accept in theory...

    Sure they have the knife by the handle side but I figure out the smile on Ballmer's face if this thing of the 3.21 removing OtherOS should be true...

    Please SCE, feel free to dig your own grave... Oh, well, if they are quitting console business it's ok, but I hope they will remember my humble words while trying to sell PS4 if they're not quitting now, of course.

    Nah, it's a joke, this can't be serious...

  3. #3
    Toucan Sam CJPC's Avatar
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    Quote Originally Posted by moneymaker View Post
    It's a tricky thing. Point 3 states they are free to find "remedies" and to modify the system software in a way which can cause "losses of functionality" but no point says you're forced to accept the new license agreement, they simply cannot force anyone to it..and when you will buy a software that will require a newer system software actually they force you to update thus they are forcing you to accept a license agreement (if you wish to play the game) that you're not forced to accept in theory...
    Actually, when you go to install any firmware, there is a license agreement you can either accept, or decline.

  4. #4
    Registered User moneymaker's Avatar
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    Quote Originally Posted by CJPC View Post
    Actually, when you go to install any firmware, there is a license agreement you can either accept, or decline.
    This is the point.

    When You buy the console you accept the original license agreement that is most likely void cause it force you to accept future license agreements even if you don't wish to but you need to preserve your rights to use the good you've bought along with the new software that requires it.

    At a forensic level is pretty tricky, and there is matter of discuss, a class action could lead to a mass refund if they loose...

    A linux capable PS3, could have been bought only to use it as a standalone linux system, a standalone platform to watch movies, a standalone platform to play games OR a mix of all these things...

    ..removing a functionality is in their rights as in their duty to refund if someone bought it to use that functionality mixed with another one that will not be avaliable anymore if there will be the need to update thus being forced to renounce at one of the functionality someone bought the platform for.....

    Accepting a license agreement that's void in one of his parts leaves the non-void parts alive but is like having accepted NO license agreement at all for the void part and the meaning of that part I told you is the background meaning "you will have to accept every future license agrrement if you will to keep using the item" ...it's a basic about the trickyness of the LA itself...

    And furthermore is the LA itself that if not void it keeps alive the time-by-time agreement option thus "OK, I don't accept the new license agreement, I'll send you back your item, please give me back my money for the item AND for the software I cannot use anymore due to you wish...

    Yes they can, but it's not wise at all to do such a thing, first why they cannot like a class action that, even if they could have chances to win, could lead only to an incredible huge loss in their popularity...

    This thing could lead to the end of SCE business that can resonate damages for billions also for the whole Sony..

    They're not planning to sell 3D-TV to aliens, do they ? And a PS4 in future ?

    I don't think they wish peolple could make the equation Sony = 5H1T, but this will be the result in that occurence...

    I really hope the 3.21 linux-removing update is only a bad taste joke...
    Last edited by moneymaker; 03-30-2010 at 11:24 AM

  5. #5
    Senior Member saviour07's Avatar
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    Quote Originally Posted by moneymaker View Post
    A linux capable PS3, could have been bought only to use it as a standalone linux system, a standalone platform to watch movies, a standalone platform to play games OR a mix of all these things...

    ..removing a functionality is in their rights as in their duty to refund if someone bought it to use that functionality mixed with another one that will not be avaliable anymore if there will be the need to update thus being forced to renounce at one of the functionality someone bought the platform for.....
    There are far better and less expensive ways of using a standalone linux machine, the ps3 OtherOS doesn't support 3D accelerated graphics because of the restricted access to the RSX.

    Also, if someone had bought a PS3 to use solely as a linux system then they wont care about the PS3 FW updates because you don't need to update the FW to access the internet when running linux, it's only the PSN that forces the FW update to go online.
    So really, if someone had bought the PS3 to run linux then they could still be using the original FW without ever worrying about future updates.

    The real point is this (Section 1: License Grant)...
    To the extent permitted by applicable law, your rights to use or access the current version of the System Software will cease upon installation of a newer version of the System Software onto your PS3™ system
    Basically, any TOS that you had originally agreed to (such as the one you agreed to when you first purchased your PS3) is replaced by the new TOS that will be stated at the beggining of an update, which you are allowed to either accept (and update) or decline (and remain at your current FW).

    Coupled with this (Section 3: Services and Updates)...
    From time to time, SCE may provide updates, upgrades or services to your PS3™ system to ensure it is functioning properly in accordance with SCE guidelines or provide you with new offerings...

    Some services may change your current settings, cause a loss of data or content, or cause some loss of functionality.
    If you understand this properly, you will now see why Sony are allowed to remove OtherOS from the PS3 without any sort of hassle or Lawsuit being filed against them!

    YOU agreed to these terms when you accepted the FW Update.
    YOU agreed to allow Sony to add or remove functionality and features when they see fit.
    YOU have no legal rights to say Sony owe you a thing.

    It's not fair, sure. It's there in plain black and white. It's that simple.

  6. #6
    Registered User moneymaker's Avatar
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    Yes, but I've pointed out that someone can use a mix of those fetures.

    However it's all about if they have pushed the linux capability in some of their advertising to sell the box.

    What about removing the blu-ray movies reading capability ?

    It's the same from a law point.

    And I told they can, I've only pointed out that they've to stay on the market and this could be "the worst" move they can do.

    Sony Corp. > Hey, 3D-TV are out !

    Angry customer > Yes, buy it yourself...

    Sony Corp. > Hey PS4 is out !

    Angry customer > Thanks, but my PC doesn't betrays me...

    It's all about how many ones they want to disappoint...it doesn't seems there is a good reason to do such a move and it can really hurt their market share...

  7. #7
    Senior Member saviour07's Avatar
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    No your original point was that you said they can't legally do this, especially if someone had specifically bought the PS3 as a linux system.
    But the fact is... they can.

    Sony did say that installing OtherOS was a feature of the PS3 systems when they first launched, however since the older models (the fat PS3) is something that Sony has been phasing out for the better part of 18 months now and they have been focusing their efforts on the slim PS3, they no longer advertise OtherOS as a feature of the PS3 (as the slim isn't capable of it) and so anyone who does have an OtherOS capable system will have already agreed to allow Sony to remove that feature should Sony see fit.

    If Sony wanted to, then yes they could remove the ability to playback BluRay films, similar to how Nintendo (bizzarely) removed DVD playback in the Wii.

    However it is *highly* unlikely that Sony would do that because BluRay is their creation, and every BluRay player owned by consumers (including the PS3) is another potential consumer of BluRay movies, meaning more revenue for Sony etc etc.

    It was also because of the PS3 that BluRay won the format war over HD-DVD, so again it is *highly* unlikely they would remove that funcionality but still within their rights.

    I think for your last point you are trying to say that it will damage Sony's reputation amongst consumers and future products that Sony release (e.g. PS4 etc) and i agree with you.

    Removing features isn't something consumers want, because consumers want MORE from every product they buy, but again because we all agreed to the TOS we allowed Sony to do just that... remove features.

    An unpopular move, yes. An illegal move, no.

  8. #8
    Registered User moneymaker's Avatar
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    Really I've only speculate a bit onto a cluse that could even be seen as "void" if force a customer who bought a system to accept a "future" license agreement if he wish to keep that system able to run "future" products specifically made to run onto that system...

    However a license agreement is not a law, it's validity is up till someone in charge states that it violates some law trimming it appropriately... it's not up to us to judge on it...

    We will see soon anyway what will happen if really it's not a 1st April joke... and if it's true for sure it will be a self-checkmate..
    Last edited by moneymaker; 03-30-2010 at 11:43 PM

  9. #9
    Senior Member saviour07's Avatar
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    They're not forcing consumers to update because the PS3 is still operational after the release of the FW update and after you choose not to accept it. You can still play your games, watch your movies and use your PS3 system in general because it's not a required FW and it's not necessary for the PS3 to operate.

    The License Agreement ISN'T a law, but it IS bound by legal restrictions and limitations and it IS a legally binding document upon where two or more parties enter into a pact.

    If you choose to update (accepting the TOS) and then later you are found to have infringed that pact by using third party applications, which only exist because someone had previously modified the hardware and reversed the copyrighted HV, then you are breaking a Licensing Agreement which are the terms of use that you are bound by when using your PS3... which is illegal.

    We'll see what tomorrow brings anyway...

  10. #10
    Junior Member tiefputin1's Avatar
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    Quote Originally Posted by saviour07 View Post
    You can still play your games, watch your movies and use your PS3 system in general because it's not a required FW and it's not necessary for the PS3 to operate.

    If you choose to update (accepting the TOS) and then later you are found to have infringed that pact by using third party applications, which only exist because someone had previously modified the hardware and reversed the copyrighted HV, then you are breaking a Licensing Agreement which are the terms of use that you are bound by when using your PS3... which is illegal.

    We'll see what tomorrow brings anyway...
    you're not thinking far enough... you wont be able to play newer games soon.. .since every retail game got a ps3upd.pup too, and if then the game ps3 wants to install the update from the game dvd.

    You can still decline sure, but you wont be able to play newer games u are about to pay. and if its illegal to break anything within the Licensing Agreements... why isn't geohot sued yet? neither by apple or by sony.
    Quote Originally Posted by saviour07 View Post
    The License Agreement ISN'T a law, but it IS bound by legal restrictions and limitations and it IS a legally binding document upon where two or more parties enter into a pact.
    there is no law that gives you sentences for breaking TOS or anything... or can you show me some?

 

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