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Playstation Network Gets Revised, More Restrictive ToS

Soulskill posted more than 5 years ago | from the my-toys-my-rules dept.

Your Rights Online 75

LordDax writes "Sony just rolled out their new Terms of Service for the Playstation Network. The new ToS features additions about the Master & Subaccount relationship, specifically that you can only 'legally' create a sub account for your own child. No friends allowed. Where it really gets interesting is when you get to the additions to section 3.0 Community Code of Conduct. You now can't tell anyone your real name, where you live or basically anything besides your PSN ID. The new ToS also brings to light that SCEA is going to be monitoring every piece of communication and activitiy, and reserves the right to remove any content or communication they find objectionable without having to tell you in interests of SCEA, its users, or licensors. Another addition is: 'Some content may be provided automatically without notice when you sign into PSN. 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.'"

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fp (-1, Offtopic)

Anonymous Coward | more than 5 years ago | (#25421615)

A couple weeks ago, while browsing around the library downtown, I had to take a piss. As I entered the john, Barack Obama -- the messiah himself -- came out of one of the booths. I stood at the urinal looking at him out of the corner of my eye as he washed his hands. He didn't once look at me. He was busy and in any case I was sure the secret service wouldn't even let me shake his hand.

As soon as he left I darted into the booth he'd vacated, hoping there might be a lingering smell of shit and even a seat still warm from his sturdy ass. I found not only the smell but the shit itself. He'd forgotten to flush. And what a treasure he had left behind. Three or four beautiful specimens floated in the bowl. It apparently had been a fairly dry, constipated shit, for all were fat, stiff, and ruggedly textured. The real prize was a great feast of turd -- a nine inch gastrointestinal triumph as thick as his cock -- or at least as I imagined it!

I knelt before the bowl, inhaling the rich brown fragrance and wondered if I should obey the impulse building up inside me. I'd always been a liberal democrat and had been on the Obama train since last year. Of course I'd had fantasies of meeting him, sucking his cock and balls, not to mention sucking his asshole clean, but I never imagined I would have the chance. Now, here I was, confronted with the most beautiful five-pound turd I'd ever feasted my eyes on, a sausage fit to star in any fantasy and one I knew to have been hatched from the asshole of Barack Obama, the chosen one.

Why not? I plucked it from the bowl, holding it with both hands to keep it from breaking. I lifted it to my nose. It smelled like rich, ripe limburger (horrid, but thrilling), yet had the consistency of cheddar. What is cheese anyway but milk turning to shit without the benefit of a digestive tract?

I gave it a lick and found that it tasted better then it smelled.

I hesitated no longer. I shoved the fucking thing as far into my mouth as I could get it and sucked on it like a big half nigger cock, beating my meat like a madman. I wanted to completely engulf it and bit off a large chunk, flooding my mouth with the intense, bittersweet flavor. To my delight I found that while the water in the bowl had chilled the outside of the turd, it was still warm inside. As I chewed I discovered that it was filled with hard little bits of something I soon identified as peanuts. He hadn't chewed them carefully and they'd passed through his body virtually unchanged. I ate it greedily, sending lump after peanutty lump sliding scratchily down my throat. My only regret was that Barack Obama wasn't there to see my loyalty and wash it down with his piss.

I soon reached a terrific climax. I caught my cum in the cupped palm of my hand and drank it down. Believe me, there is no more delightful combination of flavors than the hot sweetness of cum with the rich bitterness of shit. It's even better than listening to an Obama speech!

Afterwards I was sorry that I hadn't made it last longer. But then I realized that I still had a lot of fun in store for me. There was still a clutch of virile turds left in the bowl. I tenderly fished them out, rolled them into my handkerchief, and stashed them in my briefcase. In the week to come I found all kinds of ways to eat the shit without bolting it right down. Once eaten it's gone forever unless you want to filch it third hand out of your own asshole. Not an unreasonable recourse in moments of desperation or simple boredom.

I stored the turds in the refrigerator when I was not using them but within a week they were all gone. The last one I held in my mouth without chewing, letting it slowly dissolve. I had liquid shit trickling down my throat for nearly four hours. I must have had six orgasms in the process.

I often think of Barack Obama dropping solid gold out of his sweet, pink asshole every day, never knowing what joy it could, and at least once did, bring to a grateful democrat.

Antzy (1)

longhairedgnome (610579) | more than 5 years ago | (#25421633)

Thats funny I just decided to try the update on my God of War edition PSP (saved $5!) I bought at the end of sept.(I couldn't wait for the 3000)

Sounds a bit intrusive. (1)

inotocracy (762166) | more than 5 years ago | (#25421635)

Automatically force an update on me? Sounds a bit intrusive to me. Why should I have to update if the firmware I have now plays my games just fine? Also.. read my messages, and delete any they deem inappropriate? Yeah this sounds like a great plan.

Re:Sounds a bit intrusive. (0)

Anonymous Coward | more than 5 years ago | (#25421949)

It's only forced if you use the online service, which makes an amount of sense. Sort of like how any MMORPG will force updates.

So if you never intend to use the PlayStation Network, you don't have to worry about forced updates or the PSN Terms of Service.

Which, considering the PS3 is losing to the Xbox 360 in all regions (even Japan), really isn't too big a sacrifice. Especially since there are hardly any exclusives left for the PS3. There's word that Konami has started to port MGS4 to the Xbox 360, which probably leaves some PS3 exclusives, but I can't think of any.

Re:Sounds a bit intrusive. (1)

KDR_11k (778916) | more than 5 years ago | (#25422255)

The PS3 isn't really losing to the 360 in Japan, it often gets outsold by the 360 but overall still has a lead. Not that it matters, the Wii is trouncing both.

Re:Sounds Very Intrusive. (3, Informative)

Anonymous Coward | more than 5 years ago | (#25423109)

"'Some content may be provided automatically without notice when you sign into PSN. 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.'"
Plus this allows adverts to be sent to your console and it allows them to change the console OS to allow more adverts.

"The new ToS features additions about the Master & Subaccount relationship, specifically that you can only 'legally' create a sub account for your own child. No friends allowed."
Which fits with the idea of marketing. If they can know only family members are on the account, then any profiling of that user allows more specific marketing and better, cleaner profiling data to sell to other market research companies.

"SCEA is going to be monitoring every piece of communication and activitiy"
i.e. allows them to do any amount of marketing profiling they wish and to sell that data to whoever they wish.

Sony have tried some very intrusive marketing methods in the past. In London, one council took Sony to court for their relentless fly posters on everything. Sony made it look like it was just individuals putting posters on a few things, but it wasn't. It was organised advertising and they were the biggest advertiser by far.

My point is, Sony have little eithics when it comes to advertising. Now they see adverts in games as their new advertising market. They can put adverts in free games, but there is no way I want adverts in games I buy. I want to excape the relentless sales tactics, in a form of entertainment I choose to buy and I don't choose to buy adverts for other things, when its the game I want to focus on. So if they want to bombard me with adverts, no thanks Sony, you'll end up undermining your own market.

Re:Sounds Very Intrusive. (1)

somersault (912633) | more than 5 years ago | (#25423181)

I'm just wondering if I can count myself as family, as I created a subaccount for myself because I wanted a better account name. I didn't realise that the account name would be my online name in all of my games, I was used to just being able to call myself anything I want in PC games. Often people have their full name in their account name anyway.

The thing I have the biggest problem with in all of this is messages just disappearing without notification. That's something that's happened occasionally on MSN messenger, and I've only found out months later by comparing history messages with the other person :/ I can understand censorship 'for the children', or really moany bastards who don't like swearing, or whatever their excuse is, but it really would only work if you're told that a message has not been sent because it contains inappropriate material. I don't see how they're going to stop everyone from giving out their name or location though - they could easily just say it on VoIP channels or slightly mispell it in a message.

Re:Sounds Very Intrusive. (1)

KDR_11k (778916) | more than 5 years ago | (#25423433)

Wasn't this "no identifiable information" crap the reason Nintendo added the reviled friend codes?

Re:Sounds Very Intrusive. (0)

Anonymous Coward | more than 5 years ago | (#25423671)

No, that was a combination of laziness and cheapness.

Re:Sounds a bit intrusive. (0)

Anonymous Coward | more than 5 years ago | (#25422995)

LittleBigPlanet and God of War 3 are the only two ps3 exclusives I would be interested in playing. Considering that for the price of a ps3 I can get a 360 and the handheld of my choice, I think I'll have to pass on that offer.

Whoopity freaking doo (0)

Anonymous Coward | more than 5 years ago | (#25421637)

Sounds pretty normal to me.

The point to subaccounts (4, Interesting)

notsoclever (748131) | more than 5 years ago | (#25421659)

Subaccounts exist so that you can allow other people to buy games/movies/etc. from your wallet, while limiting the amount of money they spend per month. These TOS restrictions have nothing to do with whether people can use their own (master) accounts on your PS3, or play the games you purchase from your PSN account while logged in to your system, or whatever.

Further, I'm actually glad for them to make explicit a policy of wanting to remove abusive griefers. Lately I've stopped playing PSN games online with non-friends simply because I keep on running into asshats with Bluetooth headsets and too much time on their hands, which make the whole experience horrible. By giving possible consequences for peoples' actions, it makes it possible that people might actually, you know, not be complete dipshits.

Re:The point to subaccounts (0)

Anonymous Coward | more than 5 years ago | (#25421785)

This is just a sample of the world of BS at Sony. For years they have been a monopoly and caused a lot of problems for individuals and small business owners. They have been sued several times for violating laws and causing problems for paying customers. Someone should do something, WHO will bring this giant to terms...

Re:The point to subaccounts (3, Insightful)

Martin Blank (154261) | more than 5 years ago | (#25422009)

Sony isn't a monopoly. They've always had competition for their gaming consoles. They're one of four major music labels. There are plenty of other movie companies. Their electronics division operates with tight profit margins because of the other players in the field.

Large corporation with lots of fingers in lots of bowls of pudding? Sure. But a monopoly? Not even close.

Re:The point to subaccounts (0)

Anonymous Coward | more than 5 years ago | (#25422467)

One day it might be easier to escape the reach of a country than it is a corporation.

Re:The point to subaccounts (1)

TehZorroness (1104427) | more than 5 years ago | (#25424255)

We've been there before, and we may very well get their again, depending on the competency of our future president and congress.

Re:The point to subaccounts (2, Insightful)

UncleTogie (1004853) | more than 5 years ago | (#25424825)

One day it might be easier to escape the reach of a country than it is a corporation.

One day, there may not be much of a difference...

Re:The point to subaccounts (0)

Anonymous Coward | more than 5 years ago | (#25425123)

"SCEA is going to be monitoring every piece of communication and activitiy, and reserves the right to remove any content or communication they find objectionable without having to tell you in interests of SCEA, its users, or licensors."

You're right Sony isn't a monopoly. They've just decided to go Communist with the PS3 ToS.

Re:The point to subaccounts (2, Informative)

walshy007 (906710) | more than 5 years ago | (#25422651)

and on the other side of the scale, nintendo online, is completely asshat free, but only because they make it so nobody you don't know can send you messages. double edged sword with friend codes, horrible solution, but at least I don't have ten years olds saying N00B F4G!!1

Re:The point to subaccounts (2, Interesting)

Cruciform (42896) | more than 5 years ago | (#25422767)

I've got a headset and it doesn't see any use on PSN at all any more. When I first got on PSN it was pretty good. After Xbox Live it was a breath of fresh air.

But then it started to get tainted too, and now when I log into an online game the first thing I usually hear from the voice comm is "Turn on your headsets faggots."

Yeah, I really wanna chat with that guy.

And on the plus side, on the rare occasion that I do let slip with expletives in a game that's got kids playing, they don't hear me. :)

Re:The point to subaccounts (1)

metamatic (202216) | more than 5 years ago | (#25443941)

I've had no problems with Burnout Paradise online chat.

I've only encountered 2 asshats in Team Fortress 2 online. That said, most players don't have headsets or don't switch them on.

I've come to the conclusion that it's all about which games you play. I hear that Call of Duty has very heavy headset use, and probably lots of asshats.

que Michael Jackson.... (1)

ChrmnMa0 (951030) | more than 5 years ago | (#25421663)

I got a feeling, somebody's watching me...

Rockwell. (0)

Anonymous Coward | more than 5 years ago | (#25421737)

Rockwell sang, "Somebody's Watching Me." But they all look alike, right?

Re:Rockwell. (0, Offtopic)

Trespass (225077) | more than 5 years ago | (#25421901)

Rockwell sang, "Somebody's Watching Me." But they all look alike, right?

If you're such an expert, you might recall that Michael and Jermaine Jackson sang the chorus on that song, as they were childhood friends with Rockwell.

Feel free to get offended for no reason though.

sub accounts and possible credit risk? (1)

Denihil (1208200) | more than 5 years ago | (#25421751)

the "not able to let a friend make a sub account" thing looks silly at first, but keep in mind digital ip rights. if they say that, and if you lose your cloudsong to your best bud who made a sub account and xfered it over, they're not (or less) legally responsible to help retrieve/recover the item. also keep in mind sub accounts possibly share account data. maybe, i dunno, i didn't rtfa tbh.

Re:sub accounts and possible credit risk? (0)

Anonymous Coward | more than 5 years ago | (#25431401)

What's a cloudsong? And why can it be transferred between subaccounts?

Pretty typical legal butt-covering (4, Insightful)

Dutch Gun (899105) | more than 5 years ago | (#25421817)

Well, Sony is just telling us that it's *their network*, and they can do whatever the hell they want with it. It's a closed network. Is anyone surprised?

Naturally, no company in their right mind would create a closed network without asserting control over it. After all, whatever happens on the network, they'll likely held responsible for it to some degree. They're a big company with deep pockets, so they cover themselves like this.

The whole notion of users not broadcasting their real name - well, that's a pretty good idea in general, right? But by codifying it into the terms of service, they protect themselves when some idiot smack-talking kid actually gets the crap beat out of him when someone learns his real name and home address. Or is the target of a scam. Or any number of a thousand bad things that can happen if you aren't careful with your identity online.

Re:Pretty typical legal butt-covering (1)

Erikderzweite (1146485) | more than 5 years ago | (#25421903)

If parents could not educate their kid not to tell the real name or address to strangers on net, then no SONY on earth can. They're just covering their asses against potential lawsuits.

As for automatic updates that may (and will) break things -- that's SONY as usual. If you don't like it, don't buy it. They'll reconsider if the losses are too high.

Re:Pretty typical legal butt-covering (1)

Babbster (107076) | more than 5 years ago | (#25422483)

The whole notion of users not broadcasting their real name - well, that's a pretty good idea in general, right? But by codifying it into the terms of service, they protect themselves when some idiot smack-talking kid actually gets the crap beat out of him when someone learns his real name and home address. Or is the target of a scam. Or any number of a thousand bad things that can happen if you aren't careful with your identity online.

Definitely! It's long past time that everyone in the world legislated for the worst case scenario and therefore fucked over 99.999% of people to protect the 0.001% to whom something terrible happens. And, shit, it's not like this has anything to do with free speech. After all, there are plenty of online networks on the PS3, right? You know, ones where the company running it isn't informing their customer base that they're going to be monitoring communications in order to enforce their TOS that says I can be banned for saying, "Hey, good to meet ya. I'm Aaron."

The above is hyperbolic, and if I was playing online games on a PS3 I wouldn't really worry about Sony listening to me talking on their system, any more than I worry about federal employees listening to me via the Echelon system. Still, it doesn't mean that Sony's policies aren't pieces of shit, nor does it mean that Sony's management aren't pieces of shit. They are, in case I'm not being clear.

Lawyers keep puking up these kinds of stupid agreements because, well damn, they get paid to do so. It still isn't going to stop someone from suing them - at least not in MY country - and whatever protection they think these "terms of service" agreements provide will be useless in the face of real damages (I just don't see a judge dismissing a case based on click-through legalese). Meanwhile, Sony gets the benefit of crappy PR and making some of their customers paranoid. Oh, Sony, you're so smart!

Re:Pretty typical legal butt-covering (1)

Dutch Gun (899105) | more than 5 years ago | (#25422603)

The above is hyperbolic

I'm glad you mentioned that, or I would have had to counter that this a) isn't legislation, b) has nothing to do with free speech, and c) I don't think they're even making any pretense that this is to "protect the children"(tm), but to protect themselves.

Lawyers keep puking up these kinds of stupid agreements because, well damn, they get paid to do so.

Well, yeah, that was sort of my point. I guess for me, I never expect anything good from Sony anyhow, and as it turns out, I'm never disappointed (or surprised).

Only typical for Sony, in this scope (2, Insightful)

Lonewolf666 (259450) | more than 5 years ago | (#25423191)

I've read a lot of agreements where the company in question did their best to get as favorable terms as possible when it comes to things like warranty and possible lawsuits. Read the typical Microsoft EULA for an example of this.

But the "COMMUNITY CODE OF CONDUCT" goes far beyond the typical asshattery of such EULAS. Sony reserve the right to censor your communications, and I suspect some rules, like
"You may not use, make, or distribute unauthorized software or hardware in conjunction with PSN, or take or use any data from PSN to design, develop or update unauthorized software or hardware, ..."
might even be illegal as http://en.wikipedia.org/wiki/Restraint_of_trade [wikipedia.org].

Section 11 "MAINTENANCE AND UPGRADES", finally, goes beyond protecting the network and allows Sony to change data on your PS3. They also claim they are not liable for damage in the case of a botched upgrade.
It seems Sony executives have not learned anything from the rootkit affair (see http://en.wikipedia.org/wiki/Sony_rootkit [wikipedia.org]).

Re:Pretty typical legal butt-covering (1)

Zero_Independent (664974) | more than 5 years ago | (#25423583)

I think it should be mandatory to publicly post your real name and address. Then trash talking kids would get their asses kicked, and online gaming would be a much more polite place.

All this is besides the point. MINORS SHOULDN'T BE ALLOWED ON XBOX LIVE. Or PSN. Fuck Sony, you couldn't add that shit to your license agreement? You may only join if you're an adult?

There are two different properties in question (3, Insightful)

HalAtWork (926717) | more than 5 years ago | (#25424087)

Yeah sure, what they do with the network is fine. But control over a network and control over a device are two different things! If they modify pieces of data that pass through them, I guess it's their right as we are using them as a conduit and they say there is no guarantee that it should behave in a way we expect it to, it's their property and they set it up to behave the way they want. However if they're sending us data that modifies our device without consent, no, that's not their right. It's my property. Our device can behave however we want it to and choose to modify it. They can block it at the server or alter data in their own server that we choose to send to them. But they cannot just take over our devices and change things around and delete shit and alter functionality.

Any.. (0, Flamebait)

Creepy Crawler (680178) | more than 5 years ago | (#25421869)

Any questions now why DRM is a... MASSIVE FAIL?

Just wait until the PS3 is no longer popular and Sony shuts down the netplay servers. Wow... nobody'll then be able to play along or against each other. DRM at its finest.

Re:Any.. (5, Insightful)

Cerium (948827) | more than 5 years ago | (#25421953)

Oh no! We'll have to resort to using local multiplayer and actually socializing with REAL people! Clearly such a platform would never succeed.

Seriously though, the hell are you even ranting about? Where is DRM even presenting a problem here? I'm fairly certain my PS3 doesn't have net access from time to time, yet everything I've downloaded from the PSN still works great. The only thing even remotely related to DRM in this change is the ability for them to push and kill content without the end-users direct approval (Which, I see there being some minor problems arising out of this, but honestly -- aside from force-killing homebrew hacks, what's the worst that could happen [heh]?).

I think what you're trying to be upset about is the whole net-nanny crap they're introducing. I don't agree with it either, but I also understand how many idiots have PS3s and how many of them are likely to do something stupid which somehow results in someone trying to sue Sony for a ridiculous amount of money. Care to take a wild guess what happens after that?

I get it, everyone hates Sony because they're ZOMG SPYING ON THE INTERNETS THROUGH THE PS3. Whatever. If they want to take extra measures to make sure two trash-talking jackasses don't end up killing each other, fine by me -- so long as I can still smoke you fools in some Wipeout HD.

Re:Any.. (1)

node 3 (115640) | more than 5 years ago | (#25422063)

Just wait until the PS3 is no longer popular and Sony shuts down the netplay servers. Wow... nobody'll then be able to play along or against each other. DRM at its finest.

This is not going to happen any time soon. But, let's say the day comes when PSN is shut down due to lack of popularity...

Who is going to care? It's no longer popular. Presumably that means everyone has moved on to whatever the new, popular gaming network is.

PSN works just fine. The DRM employed by Sony on the PS3 (as well as that on the Xbox 360 and the Wii) is not onerous.

Re:Any.. (0)

Anonymous Coward | more than 5 years ago | (#25422723)

Networks don't get shut down due to lack of popularity. They get shut down due to lack of profitability.

Re:Any.. (-1, Flamebait)

Anonymous Coward | more than 5 years ago | (#25425235)

And considering that every Sony console that supports the PSN is dead last (which is two, the PS3 and the PSP), and that Sony doesn't charge for their service, it seems to me that the PSN is probably doomed. Sony's game division line is hemorrhaging cash, and it can't last much longer.

Especially when they launch "Home" which will cost them even more for even less gain.

Expect Sony to officially bow out in a year, they're hurting BAD.

Re:Any.. (0)

Anonymous Coward | more than 5 years ago | (#25426905)

lol bill gates has a /. account

Re:Any.. (0)

Anonymous Coward | more than 5 years ago | (#25422265)

Just wait until the PS3 is no longer popular and Sony shuts down the netplay servers. Wow... nobody'll then be able to play along or against each other. DRM at its finest.

This sounds more like a problem with having netplay rather than a DRM issue. it's not like these games will cease to function, they just won't have netplay. Further, if you've actually played console games over the internet, you'll know it's a moot point anyway, because if your game isn't halo, then you'll have a hard time finding any players over the net after about 3 months. That's just the nature of the beast with console games.

Re:Any.. From the Masters of DRM (0)

Anonymous Coward | more than 5 years ago | (#25422559)

This is great news :-)))

Bye, bye Blue-Ray
Bye, bye happiness
Hello loneliness
I think I'm gonna-piss-myself-laughing-I-didn't-by-a-Playstation-3

No thanks... (1)

milatchi (694575) | more than 5 years ago | (#25422007)

No thanks... think I stick with my 360 and Wii.

Re:No thanks... (0)

Anonymous Coward | more than 5 years ago | (#25422319)

No thanks... think I stick with my 360 and Wii.

Have you read the agreement on your 360? I bet you my life its even more restrictive (if that's possible).

So (3, Funny)

elrous0 (869638) | more than 5 years ago | (#25422075)

Does this mean my PSN account will get banned if I quote the Quran?

Re:So (1)

Doctor_Jest (688315) | more than 5 years ago | (#25427267)

Only if you sing it, apparently. :) And then only after it's been out for two years and nominated for awards to boot. So, I think you're safe. :)

Typical Sony Fail (1, Insightful)

Anonymous Coward | more than 5 years ago | (#25422087)

Once, a long, long time ago I liked Sony. That time is past.

Why do they think they can do this to their customers? Unfortunately, they think they can do this to their customers because too many of us have kept coming back for more. When they would not honor their warranty on my laptop a few years back, I finally had enough. I have not regretted my decision one bit. Life is better without Sony.

Re:Typical Sony Fail (3, Interesting)

Renraku (518261) | more than 5 years ago | (#25422757)

What they're doing is preventing their customers from doing things to them. If little Timmy met someone off of PSN and got himself murdered, lawsuit papers would be on their way to SCEA before his body was even cold and in the grave. Seeing as how most judges and juries care about children, that's pretty much a blank check for the parents of the kid. They're protecting themselves.

And modders? I'm looking at you. There are many of you who would sue when you run that update that SCEA put out and had your system bricked. Lots less legal hassle/bills to nip it in the bud. I doubt anything will change in the way that they are doing things.

Also, there are people who use the PSN for posting obscene/offensive material that could be accessed by minors. See the first paragraph.

Re:Typical Sony Fail (1)

Khyber (864651) | more than 5 years ago | (#25422977)

They should have NO REASON to wipe a damned thing out when they give me EXPLICIT OPTIONS to install a separate OS. From that point on, it's MY HARDWARE, MY SOFTWARE. Do all you want with YOUR SOFTWARE, you TOUCH mine and I'll have your ass on wire fraud charges and hacking.

Re:Typical Sony Fail (1)

crenshawsgc (1228894) | more than 5 years ago | (#25424375)

You keep going on about "having Sony's ass on wire fraud and 'hacking' charges." We here at slashdot are eagerly awaiting news of your success with Sony's 'ass' in court. Go ahead. No really, you'll win.

Re:Typical Sony Fail (1)

Khyber (864651) | more than 5 years ago | (#25426033)

Here in California, many people have already won against EULAs.

How about you read CA consumer protection laws and get back to me on that?

And while I 'keep going on' until they actually DO SOMETHING to me, all I can say is I *WILL* do it.

Sony should pray they never cross my path. I've got a few rabid lawyers for friends who have had a nice success record against larger companies, especially when damages are proved.
 

Re:Typical Sony Fail (0)

Anonymous Coward | more than 5 years ago | (#25427771)

I sense much anger in this one.

Re:Typical Sony Fail (0)

Anonymous Coward | more than 5 years ago | (#25428469)

Well, yes and no. FWIW, IANAL, so what I say here can be taken with a grain of salt, as you like. If I understand the matter correctly, the separate OS on the HDD you install may well operate under a different set of legal constraints, and may well be non-Sony property. For Sony to alter THAT ONLY could indeed leave them liable under the license terms of that OS.

However.....with respect to the hardware, while you may own that particular hardware unit, there are certain parts of it that can NOT be altered by anyone else except Sony else you run afoul of the DMCA. That part to which I refer is, of course, the BIOS information within the unit itself.

  Now, you could conceivably write your own BIOS, after reverse engineering the system from scratch, under verifiable "clean room" conditions, MAYBE, but if you do, there are a couple of conditions that may need to be addressed.

1) In replacing the resident BIOS on this unit, am I destroying Sony's BIOS in the process? A vandalism charge could apply if this is the case, or a violation of hardware/software patents.

2)If my new BIOS is an add-on to the unit, and does no physical damage, does it's application IN ANY WAY circumvent Sony's inherent security measures resident to the hardware/BIOS in question? If it does, then the 900 lb gorilla of the DMCA might eat you for lunch on that one, as it seems to equate circumvention of security hardware/software with espionage.

If, by some miracle, you do manage to get Sony to grant you permission, IN WRITING, to either replace or modify the existing equipment/ software in question, then you'll be on better footing, just don't expect to market your modifications without considering the hardware manufacturers of the PS3 components into the mix.

And, BTW, I am NOT a Lawyer, this is NOT intended as legal advice, I am most definitely NOT even thinking of practicing law w/o a license. I'm just a schmuck posting online my opinion about why you might be wasting your time trying to duke it out with Sony. Good luck.

Re:Typical Sony Fail (0)

Anonymous Coward | more than 5 years ago | (#25429405)

Just FWIW, Driverguide actually offers Sony BIOS files for console systems. And I own this system, I can legally obtain a copy of the BIOS in case I wish to perchance overwrite it and restore it later on, for testing purposes. This is my machine. If I choose to reprogram it without ANY of sony's stuff, I should damned well be allowed to, by doctrine of first sale.

Re:Typical Sony Fail (1)

Lonewolf666 (259450) | more than 4 years ago | (#25435315)

And modders? I'm looking at you. There are many of you who would sue when you run that update that SCEA put out and had your system bricked. Lots less legal hassle/bills to nip it in the bud. I doubt anything will change in the way that they are doing things.

Hell yes. If an update bricks my system (as opposed to a PC where I can reformat and install another OS), I would want the maker of that update to pay for the damage.
Of course that is hypothetical in my case, as Sony are on my boycott list anyway. No PS3 to brick here.

So.... (5, Funny)

MBraynard (653724) | more than 5 years ago | (#25422133)

A/S/L?

Re:So.... (2, Informative)

NovaHorizon (1300173) | more than 5 years ago | (#25422313)

hey, someone mod the parent up. If not funny, then at least underrated. He's making a joke by asking something that isn't unheard of to ask commonly in a net based community, and can't be answered according to the ToS..

I think the at home program is the reason (1)

gearloos (816828) | more than 5 years ago | (#25422329)

It looks like they are finally going to roll out the much anticipated 3d world at home. This would make sense as they are covering their asses for any content that your children might see. I have a ps3 and read the whole fine print and thats what I took away from it.

Already restricting use (0)

Anonymous Coward | more than 5 years ago | (#25422497)

I know a recent update of the PS3 caused the freaking web browser to become much less functional. The flash player was already older than the hills, but now any page with any amount of content at all gets hammered by the PS3 running out of ram (when I first got the PS3 it never happened, the next upgrade, slashdot is unreadable, now, most sites run out of ram), and when the PS3 runs out of memory, remember to press the on/off button 'cause thats the only thing that will work. Thanks SONY, thanks a freakin' lot! Rat bastards!

thanks (1)

vegardh (831486) | more than 5 years ago | (#25422547)

I got this horribly long mail about this, and thought: fuck it, if this is bad, it'll be on slashdot. thanks as always slashdot.

Where do we draw the line? (3, Insightful)

AbRASiON (589899) | more than 5 years ago | (#25422759)

Do we sit and whine about our rights, complain about big brother spying on us or what?

I don't know, I realise some of these things are 'bad' in their TOS but really as has been stated, it's THEIR network and it's very very likely this is to cover their ass from litigation and kids being on the system.

I think you'll find it's unlikely that 2 conscenting (sp?) adults will be banned or in any real kind of trouble if they strike up a genuine friendship and swap names on the system, this is purely due to our modern, over litigous (sp?) society unfortunately

Disclaimer: I own a PS3 and hell yes, I do like it.

Re:Where do we draw the line? (0, Flamebait)

Khyber (864651) | more than 5 years ago | (#25422985)

I own a PS3 as well, but never will it get connected to PSN, at least not by me, maybe my fiance. I'm looking forward to installing a different OS on the PS3 since it's allowed, and I swear it better not monitor a damned thing when I'm not using their network and am on the regular internet. If the hypervisor or some piece of hardware is monitoring me when I'm not on PSN and in a different OS altogether, there will be hell to pay. I will try to get them on hacking and wire fraud at bare minimum.

Re:Where do we draw the line? (1)

RedK (112790) | more than 5 years ago | (#25423911)

If you're this paranoid, how about you just don't buy a PS3 and just get one of the cheap desktop computers to surf the web and send e-mail with ?

Re:Where do we draw the line? (0)

Khyber (864651) | more than 5 years ago | (#25426191)

What you think Sony's the only company that'd try this shit?

Hello, Trusted Computing. Did you forget that was around? How about the old PIII? How about Skype scanning my hardware and artificially limiting my multi-way conversations to five people if I'm using AMD instead of Intel, even though there's NO REAL DIFFERENCE in performance?

I'm not paranoid, my eyes are wide open and observing EVERYTHING. If I was paranoid, I wouldn't even be on the internet.

Re:Where do we draw the line? (0)

Anonymous Coward | more than 5 years ago | (#25425915)

Other OSses on the PS3 suck

Re:Where do we draw the line? (0)

Anonymous Coward | more than 5 years ago | (#25423467)

>THEIR network and it's very very likely this is to cover their ass from litigation and kids being on the system.

They should spend money in hardware and resource rather than lawyers, the last Socom is on perfect example of the upcoming series of failure of this giant.

Re:Where do we draw the line? (1)

Mattsson (105422) | more than 5 years ago | (#25450091)

And it is actually that easy.

If you can't live with their terms of service, don't use their service.

If you can't live with giving such a company your money, don't buy their product.

Personally, I'm still using my old PS2 since there hasn't been any games released for the PS3, XB360 or Wii that motivate the price they're asking.
I usually don't whine about it, I simply don't buy their products.
The terms of service on their network doesn't really bother me, since I wouldn't use it even if I got a PS3, but I can see how it would deter some people, or at least lower how much they're willing to pay for such a service.

Unrestricted service = High value
Restricted service = Low value

Consoles get even lamer (0)

Anonymous Coward | more than 5 years ago | (#25423625)

Pathetic. Yet another reason why PC is a far superior platform for games than consoles.

Re:Consoles get even lamer (1)

Doctor_Jest (688315) | more than 5 years ago | (#25427305)

I think the people who use SecureROM and other fantastic DRM would disagree with you, and as for me, I'd rather have a hatchet to the eyeball than use a Windows OS again...

I remember when Battle.Net became a haven for morons... and that was YEARS ago... But it was free, people said.. Yeah... at least I didn't have to HEAR them. :) Most online services blow dead bears anyway... because there's a contingent of morons who spend their days attempting to be as obnoxious as possible because they think it's "funny"... It was "funny" when we all were 11... but then we grew up. Well, most of us.

They cerftainly are consistent... (-1, Troll)

Anonymous Coward | more than 5 years ago | (#25423747)

In Soviet Russia you fuck Sony!

Sony's new press video (0)

Anonymous Coward | more than 5 years ago | (#25430331)

Check it out: http://www.youtube.com/watch?v=_Q-6H4xOUrs

Another reason 2 only online game on a PC... (1)

Zymergy (803632) | more than 5 years ago | (#25437763)

While I do love to use pad my folding@home stats on the PS3, I would never seriously consider it for online gaming... Sony is too big brotherish...
Actually it just boosts my F@H stats mostly these days rather than gets used for anything else... and it plays blue-ray DVDs occasionally...
If I am going to shell out $60 for a PS3 game, I'll just spend much less cash for a better game and online experience with my Steam account and use my superior GTX 280 video card in my PC.
I know that not everyone has a gaming PC (I sympathize, I was once a very poor ramen-eating college student), but once you have a well-built fast gaming PC, you will laugh at your past days wasted as a console player realizing what you were missing all the resolution and speed. Now add freedom to the list that is missing using consoles like the PS3.
Unless it is a true peer to peer gameplay without a central controlling server, but rather for a hosting server (similar to how UT2k4 servers operate), I am not really interested.

There is something liberating about telling people stuff about myself *or choosing not to do so*! It is called discretion, and is it what anyone playing games online should understand. There are weirdos in the world, some of them game. DUH!

Where does the Sony slippery slope end?
Not being able to go to certain web sites like Facebook and MySpace with the PS3 included browser (because you might enter some personal information?)
LOL Sony, please buy and vowel and spell out a clue!
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