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bxnytony said:

ok guys imma point out several of the things that are illegal about sony's current "optional" 3.21 firmware update.

1) after market modification is illegal for both the consumer and manufacturer without consent from the opposite party. it states in the tos that they reserve the right to alter software at anytime however its illegal since u cant pre agree to modification. Federal law renders their own tos void because u cant actually enter into an agreement which breaks the law within itself.

2)false advertising - every single ps3 system and game advertises psn access. now no ps3 advertises or specifies firmware requirements therefore they can not block u from accessing the psn based solely on what firmware you use. Also some games clearly state on the box specific firmware requirements. if ur system meets the minimum required firmware then they are legally bound to allow u access to all functions of the game including online play. since no game could possibly require firmware 3.21 as it just came out blocking the access of those who choose not to upgrade is a violation of ur consumer rights. they agree to let u play online when u buy the game so how can they pull it back because u don't upgrade to a firmware that isn't specified as a requirement.

3)theft of service- when u purchase a system or game u are not just purchasing a product u are purchasing a service. the psn is a service that they agree to give u access to upon purchase. it  is clearly advertised on all packaging with no listed firmware requirements. no it is not a free service. every single game and system bought is money for sony that is used to maintain the service that is clearly advertised on the packaging. again by restricting ur access based on firmware they are disabling ur access to a service that was already agreed upon at a set "price".

4)consumer deception- the new update is specifically listed as optional!!! how is that possible when not updating will restrict from using features that were previously functional. this is illegal. even if it states that you will be blocked should u not update in a new eula or tos, by refusing the update u r also refusing the tos or eula including the part which bans u form utilizing the psn based on firmware specification.

5) the psp- (big issue here) my psn account is blocked on my ps3 but not on my psp???????????? how is that? same account same psn. i'm sure they use different programming and code but they also use different firmware. the psn is not designated as psp or psn therefore they obviously cant restrict it based on firmware as my psp CANT use ps3 firmware 3.21 duh. you cant say oh for the psp its one thing and for the ps3 its another as they both are granting access to the same network.

Please people read this and take note. Hey xbox players same goes for u guys. this is bigger than sony or games in general. the precedence this could set is that any manufacturer could remove or disable any fucntion they see fit after u pay for it. 

 

 

1) it happens all the time each time you patch any software, be it windows, IE or PS3 firmware, every patch is a modification.. Only way to stop this is from now on agree that patching is illegal and your security holes in Windows or that bug that really annoys you in Mass Effect 2 will stay as in and will never get fixed... That's not happening..ever.....

2) Sony hasn't advertised other OS on the PS3 for at least 6 months, ( since the SLIM launch as SLIM doesn't support other OS). At the time they advertised it, the feature existed, now it's not advertised anymore so they have not lied... What you're saying is like crying because you got cable TV because it had some soccer channel you wanted and 6 months later those channels are only on satellite and you are crying afoul, guess what you're never gonna win that argument...

 

3)Some lawyer tried to start class action suite against Microsoft after the last huge batch of banned players from X-Box Live.

It failed horribly.

Now if MSFT can deny them access to a service they pay for, guess what Sony can do for a service you don't pay for, because no matter what your argue, PSN is still a free service....

As for manufacturers disabling functionalities wherever they see fit they do it all the time. Do you really think the multiplayer functionality you get with most games last forever ? Go ask the people looking for Madden 09 servers...



PS3-Xbox360 gap : 1.5 millions and going up in PS3 favor !

PS3-Wii gap : 20 millions and going down !