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~
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.
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>
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Chris Kimberley
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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.