190w ago - With the PS3 Firmware 3.30 update, Sony has introduced 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 http://www.us.playstation.com/termsofuse.
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?
Stay tuned for more PS3 Hacks and PS3 CFW news, follow us on Twitter and be sure to drop by the PS3 Hacks and PS3 Custom Firmware Forums for the latest PlayStation 3 scene updates and homebrew releases!
Aside from that, there will be no class action lawsuit. A corporation that size does very careful research before taking any action due to the simple fact that a tiny mistake would cause MILLIONS in losses. No body likes losing money.
The other part is that you are not forced in any way to agree to these terms of service. You don't agree? Don't pay, buy a 360, or PC, and accept those ToS. If you do want to play, and the key word here is WANT, then accept it. If everyone had it their own way, the ToS wouldn't mean shit since just buy picking up the controller or clicking a button you'd be infringing on some quota. Sony hasn't infringed on any personal rights. It's just the same when you buy a PC, you accept the risk that something may happen and all your data would be erased, but you don't flip out and sue over it. (Disclaimer: AFAIK )
I don't support Sony's decisions in any way, but they have been playing it extremely smart with these moves, as ridiculous as they have been. I will be curious to see exactly what their next move will be once the actual CFW comes out. I think the main issue is that while everyone here thinks this only refers to the PS3, there are supposed plans to reuse the architecture for the next gen console. This is why they are hell bent on keeping the system locked. A breach would mean the next system would have to be completely resealed from step one. A company is after profits, and these kinds of profits that they stand to lose lie in the hundreds of millions. My 2 cents.
Totally agree with CJPC on this, and it's basically the same thing I've been trying to tell other people. There's really not much you can do about it. Even if you managed to take it to court, and win, it would be a pyrrhic victory.
Well, as others have said, its one of those things - for example, if you go in for surgery. They always make you sign a waver stating that if anything goes wrong, you can't sue them. On its face, that's how it is - you are out of luck. But, of course, you can still sue and win.
Same thing really applies to these terms of service - you are agreeing to it, and short of having a boatload of cash to go up against Sony lawyers for perhaps years (which, I'm sure just about nobody in their audience has), we are all essentially out of luck.