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Sony Introduces New Terms of Service and User Agreement


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223w ago - With the PS3 Firmware 3.30 update, Sony has [Register or Login to view links] a new Terms Of Service and User Agreement - Version 6.0 (April 21, 2010).

The most interesting is paragraph 11, to cite:

11. MAINTENANCE AND UPGRADES

From time to time, it may become necessary for SCEA to provide certain content to you to ensure that Sony Online Services and content offered through Sony Online Services, your PlayStation 3 computer entertainment system, the PSP (PlayStation Portable) system or other SCEA-authorized hardware is functioning properly in accordance with SCEA guidelines.

Some content may be provided automatically without notice when you sign in. Such content may include automatic updates or upgrades which may change your current operating system, cause a loss of data or content or cause a loss of functionalities or utilities.

Such upgrades or updates may be provided for system software for your PlayStation 3 computer entertainment system, the PSP (PlayStation Portable) system, or other SCEA-authorized hardware. Access or use to any system software is subject to terms and conditions of a separate end user license agreement found at [Register or Login to view links].

You authorize SCEA to provide such content and agree that SCEA shall not be liable for any damages, loss of data or loss of functionalities arising from provision of such content or maintenance services. It is recommended that you regularly back up any archivable data located on the hard disk.

Is it just me, or is Sony trying to cover their bottoms?



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Comments 52 Comments - Go to Forum Thread »

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silencephaze's Avatar
#42 - silencephaze - 223w ago
Screw sony, now seriously i updated so i could play killzone 2 online which i bought my console for an now they have another update that takes control and spys on what you do. What is this world coming to seriously !! Has anyone even kept up with what the MAFIA has been trying to do. POLICE THE ISP AND INTERNET.. Well it looks like SONY is going down the same path. SCREW THIS.. I refuse to update and really sick of this bs!

I'm not sure what i am going to do now. I wish i never updated, but i couldn't even play my bought games with my hard earned money, so i did! Now there is new update and new terms of service SCREW this i hope someone sues them for this bs now!

I'm thinking twice about buying a ps3 now and that is very sad!

inginear's Avatar
#41 - inginear - 223w ago
does this mean that sony can delete the movies off of my external hdd? all of the original dvd's for my movies on my hdd are in my possession. but since they are all copies sony may see them as pirated content on the hdd and delete them. when that happens, can i sue them because i do own the original dvd and they deleted content that i legally paid for?

fun4you2008's Avatar
#40 - fun4you2008 - 223w ago
So, this could be why this update is mandatory. It's to get you to agree to a new ToS. I'll have to go back (if someone doesn't do it before I do) and compare the previous ToS with this new one. Most of the info posted so far I believe was part of the previous ToS. The question is... what DID change - and why does Sony want everyone to move to it...

It could be the limitation of damages on the URL in the OP - I don't remember damages this, but it's been a while since I looked:
Sorry, I was rushed yesterday... This is rather interesting in the PSN ToS I posted:
... MAXIMUM LIABILITY UNDER THIS AGREEMENT OR WITH RESPECT TO YOUR USE OF OR ACCESS TO PSN SHALL BE LIMITED TO YOUR DIRECT DAMAGES, NOT TO EXCEED THE UNUSED FUNDS IN YOUR WALLET AS OF THE DATE OF TERMINATION...
So, basically, Sony says if you want to "terminate" your agreement with them for PSN access (I assume by not updating your firmware, you are in theory terminating your PSN agreement), the most they owe you is the unused funds in your wallet. So, even if Sony is proven to have damaged your PS3 function by not allowing you access to the PSN, under this agreement, you get the unspent amount in your wallet as their maximum liability. Basically, their liability is ZERO, since that money is technically not theirs (they have not earned it yet, they are just conveniently holding it for you).

Here are the ToS changes(red text being the new wording in the 3.30 ToS):

Section 2:
(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.

Section 3:
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.

All the other verbiage in the ToS was not changed from the ToS in 3.21 (dated Sept 1, 2009). So, you already agreed to most of the terms mentioned in this thread. The new ToS was geared towards those trying to modify their PS3. And it looks like the change in section 2 was to remove the limit on Sony's rights that only voiding your warranty when you hacked your PS3 (like we'd openly try to get warranty service!). Section 3 changes are rather interesting too. Read it without the red text, and then with it.

I also see that Sony BACKDATED the ToS in firmware 3.30 to December 10, 2009, although the 3.21 FW has the ToS dated Sept 1, 2009, and quite clearly, 3.21 came out after Dec 10. So, Sony's playing games, and it would be easy to argue that the 3.30 ToS was not in effect on Dec 10, 2009, as they claim.

croft72's Avatar
#39 - croft72 - 223w ago
After downloading Firmware Update 3.30 your system automatically reboots. Once back on, the removal of "Other OS" is mentioned in the description as part of the update before you choose to accept or deny the installation of the update.

Bulldogzz's Avatar
#38 - Bulldogzz - 223w ago
Wow, just wow, I really do not WANT to upgrade to 3.30, even if I did keep linux, automatic updates? basically having remote access to my ps3 to do whatever they please? that isn't right, and whats-more, if 3.30 allows you to keep linux, it's sure soon it will automatically update your ps3 and remove our beloved linux.

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