only777 said:
strunge said:
only777 said:
I don't know why people belive that TOS or EULA is the be all and end all. If a company makes a TOS/EULA that contradicts the law, it doesnt matter what it says.
No one has the right to decide what is and what is not legal apart from the goverment!
I brought a machine that at purchase was made clear was open platform and allowed access to PSN.
Now the PSN TOS can say what ever the fuck it likes, so long as its LAWFUL - and most of it is. Things like harasment, personal detail thieft - these are the sort of things Sony can push onto you becuase they are inline with the law. Sony do not have the right to create a TOS/EULA that violates the law of the country I live in, thats the bottom line.
My right under EU law says that what I purchase must do what it said it would do when I brought it. Now Sony CAN write what they like in their TOS/EULA, but they still can't break the law. And just becuase they wrote in the TOS/EULA that they may remove features from the PS3 OS, it doesnt make it legal!
Think of it this way, of their TOS/EULA says they can remove features of their choice. Next month they remove the feature to play Blu Ray films. Do you really think Sony wouldn't have the shit sued out of them for that?
Of course they would, they would be sued into the ground.
The difference here is that it is only a small amount of PS3 users using linux that there wont be hardly any back lash and they can get away with it.
The law is the law, and Sony don't make it. Their TOS/EULA is not the law. |
no, it allows access to the PSN dependent on additional requirements you must agree to. you continue to ignore that fact, and that is why your argument is worthless. the PS3 states the system provides access to the pSN, not that you are allowed to access it absent of any further requirements.
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The additional requirements in this case break EU law! Thats the point, Sony are not allowed to change the machine from what was advertised.
Answer me this then, if Sony made you choose between Blu Ray movie playback or PSN access, which of the two actions would you take?
1) Give up Blu Ray movie playback and continue to access PSN becuase their TOS/EULA says they can do what they like.
-or-
2) Go to trading standards and complain that Sony is not living up to their end of the bargin becuase your PS3 does not do what you brought it for.
Answer that question, pick one of the two answers.
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You dont get it man, the answer to something like that is not sueing, they are legally correct, they dont have to offer you PSN. What you need to do is sell your PS3 and stop buying their products, that is your right as a consumer.
