Site Actually Reads EULA Accompanying PS3 Update

April 22, 2010 -

Sony’s latest firmware update (3.30) for its PlayStation 3 beefs up some of the console’s trophy attributes and prepares it for 3D gaming, but the End User Licensing Agreement (EULA) contained some wording that alarmed UK website Thinq.

A Thinq author actually read through the whole EULA, which is dated December 10, 2009, and expressed concern over Section 3, which refers to Services and Updates. The passage is included below:

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.

Thinq took the part about Sony being able to provide some services “automatically without notice when you are online,” as implying that “Sony can do whatever the hell it wants to do to the content of your PS3 without notifying you or asking your permission.”

Thinq does write that it has no way of knowing if the passage in question is new or not, but calls the choice between agreeing to the EULA or refusing to agree—and losing the ability to play online games—as “stark.”

Don’t forget too that Sony, in its Terms of Service and User Agreement (updated on April 21, 2010), indicates that it owns (in Section 12), for all intents and purposes, any content transmitted across PSN:

To the extent permitted by law, you authorize and license SCEA a royalty free and perpetual right to use, distribute, copy, modify, display, and publish your User Material (defined as pictures, photographs, game related materials, or other information) for any reason without any restrictions or payments to you or any third parties.

There was, however, no mention of souls in either document.


Comments

Re: Site Actually Reads EULA Accompanying PS3 Update

 looks like sony is just covering it's ass, against any wrong doing by the user and against anything it does to you when you accept to have it install updates. Like anything, any abuse or blatant disregard to the laws would ofcourse still be in play.

if you, as the user, don't like it, you can always chose not to connect to PSN.

 

 

Re: Site Actually Reads EULA Accompanying PS3 Update

This can easily lead to Sony abusing the power.

"Hmm, they got that when it was free, but now people pay for it. Let's disable it until they pay for it"

Re: Site Actually Reads EULA Accompanying PS3 Update

Ever read an Apple EULA? It's even worse than this... and with all the appletards floating around, it really makes me wonder if people even care about their consumer rights anymore.

Re: Site Actually Reads EULA Accompanying PS3 Update

"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."

-> The news ticker, What's New sections. 

"Some services may change your current settings, cause a loss of data or content, or cause some loss of functionality."

-> Disabling the "install other OS" function, nuking hacks as they appear.

"To the extent permitted by law, you authorize and license SCEA a royalty free and perpetual right to use, distribute, copy, modify, display, and publish your User Material (defined as pictures, photographs, game related materials, or other information) for any reason without any restrictions or payments to you or any third parties."

-> Sony can use screenshots which include your user avatar or things you create as UGC for the purposes of promotion. GamePolitics has exactly the same thing in their policy, as does pretty much any EULA which references online interaction:

GP: "By posting content to the site, you have given us your assurance and warranty that you have the right to do so, that the content belongs to you or is a protected fair use and that you intend to give ECA a non-exclusive, royalty-free, perpetual, and worldwide license to use your posted content for all purposes in connection with the activities of ECA and its affiliates."

It's hardly THE END OF THE WORLD DOOM, people. They say this for the same reason that medicines list huge and terrifying side-effects; it means it can happen, does happen sometimes, and therefore may happen to you.

 

 

Re: Site Actually Reads EULA Accompanying PS3 Update

 You're really understating the issue. Your analogy to medicine's side effects ignores that software is fundamentally different. Nothing just happens in software and unintended side effects are generally examples of bad practice or could probably be described as bugs. It would be more accurate to describe what they said as meaning "it can be  done, is done sometimes, and therefore may be done to you."

If a company ever erases data from my machine or renders data via unusable in an automated patch or a patch that does not document the loss of data, it would take an extraordinary circumstance for me to buy from that company again. It sincerely bothers me that they reserve the right to do this.

Furthermore, the things they say relating to user material are less like giving them the right to reuse things you post to their site, and more like giving them the rights to reuse anything you send via their network. Not the end of the world doom, but definitely not the same.

Re: Site Actually Reads EULA Accompanying PS3 Update

To the extent permitted by law, you authorize and license SCEA a royalty free and perpetual right to use, distribute, copy, modify, display, and publish your User Material (defined as pictures, photographs, game related materials, or other information) for any reason without any restrictions or payments to you or any third parties.

WTF? And what is gonna do Sony with all that stuff? Upload them on Youtube? Better not upload those kinky pictures you are planning to send to your girlfriend (not that I do that, lol)*

* This comment is now property of the ECA and we can do whatever we want with it.

Damn it!

 

 

------------------------------------------------------------ My DeviantArt Page (aka DeviantCensorship): http://www.darkknightstrikes.deviantart.com

Re: Site Actually Reads EULA Accompanying PS3 Update

lol yep pretty much, but remember by uploading photos of your Girlfriend that they now own her also as they own all likeness of her image.

~Weatherlight~

~Weatherlight~

Re: Site Actually Reads EULA Accompanying PS3 Update

So only upload kinky pics of your psycho EX-girlfriend/boyfriend throush PSN.

Hunting the shadows of the troubled dreams.

Hunting the shadows of the troubled dreams.

Re: Site Actually Reads EULA Accompanying PS3 Update

Ever read the Facebook terms of service?  Or that of any site nowadays?

<paraphrase>"You upload it.  We own it."</paraphrase>

===============

Chris Kimberley

===============

Chris Kimberley

Re: Site Actually Reads EULA Accompanying PS3 Update

If they hosed a bunch of people's data with an unprompted online update, I doubt the EULA would hold up in court.

Re: Site Actually Reads EULA Accompanying PS3 Update

digital contracts don't usually hold in court much anyways, since anyone could even so much as accidentally "sign" them, or an underage child could've clicked the okay button and not even been legally held accountable for doing so.


 
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PHX Corp@Adam802 We'll break out the popcorn in June12/19/2014 - 9:23pm
ZippyDSMleeMaskedPixelante: I'm itching to start it too but I will wait till the patch goes live. >>12/19/2014 - 7:52pm
Adam802Leland Yee and Jackson get trial date: http://sfbay.ca/2014/12/18/leland-yee-keith-jackson-get-trial-date/12/19/2014 - 5:24pm
MaskedPixelanteNevermind. Turns out when they said "the patch is now live", they meant "it's still in beta".12/19/2014 - 5:07pm
MaskedPixelanteSo I bought Dark Souls PC, and it's forcing me to log into GFWL. Did I miss something?12/19/2014 - 5:00pm
Matthew Wilsonhttp://arstechnica.com/tech-policy/2014/12/republicans-may-have-plan-to-save-internet-providers-from-utility-rules/ this is intreasting. congress may put net nutrality in to law to avoid title 2 classification12/19/2014 - 2:45pm
Matthew Wilsonhttp://www.polygon.com/2014/12/19/7421953/bullshit-cards-against-humanity-donated-250k-sunlight-foundation I have to admit I like the choice o organization. congrats to CAH.12/19/2014 - 1:51pm
E. Zachary KnightIf you are downloading a copy in order to bypass the DRM, then you are legally in the wrong. Ethically, if you bought the game, it doesn't matter where you download it in the future.12/19/2014 - 12:06pm
InfophileEZK: Certainly better that way, though not foolproof. Makes me think though: does it count as piracy if you download a game you already paid for, just not from the place you paid for it at? Ethically, I'd say no, but legally, probably yes.12/19/2014 - 11:20am
ZippyDSMleeAnd I still spent 200$ in the last month on steam/GOG stuff sales get me nearly every time ><12/19/2014 - 10:55am
ZippyDSMleeMaskedPixelante:And this is why I'm a one legged bandit.12/19/2014 - 10:51am
ZippyDSMleeE. Zachary Knight: I buy what I can as long as I can get cracks for it...then again it I could have gotton Lords of the Fallen for 30 with DLC I would have ><12/19/2014 - 10:50am
MaskedPixelantehttp://www.joystiq.com/2014/12/19/marvel-vs-capcom-origins-leaving-online-storefronts-soon/ Speaking of "last chance to buy", Marvel vs. Capcom Origins is getting delisted from all major storefronts. Behold the wonders of the all digital future.12/19/2014 - 9:59am
MaskedPixelanteSeriously, the so-called "Last Chance" sale was up to 80% off, while this one time only return sale goes for a flat 85% off with a 90% off upgrade if you buy the whole catalogue.12/19/2014 - 9:37am
E. Zachary KnightInfophile, Tha is why I buy only DRM-free games.12/19/2014 - 9:37am
MaskedPixelanteNordic is back on GOG for one weekend only. And at 85% off no less, which is kind of a slap in the face to people who paid more during the "NORDIC IS LEAVING FOREVER BUY NOW OR FOREVER HOLD YOUR PEACE" sale, but whatever...12/19/2014 - 9:28am
InfophileRe PHX's link: This is one of the reasons the digital revolution isn't all it's cracked up to be. There's also the flip side where Sony can block access to games you've bought if they ban your account for unrelated reasons. All power is theirs.12/19/2014 - 8:52am
MaskedPixelantehttp://uplay.ubi.com/#!/en-US/events/uplay-15-days You can win FREE GAMES FOR A YEAR! Unfortunately, they're Ubisoft games.12/18/2014 - 6:29pm
Papa MidnightAh, so it was downtime. I've been seeing post appear in my RSS feed, but I was unable to access GamePolitics today across several ISPs.12/18/2014 - 6:06pm
james_fudgeSorry for the downtime today, folks.12/18/2014 - 5:54pm
 

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