Well, this paragraph makes your whole argument moot:
http://us.playstation.com/support/useragreements/ps_playstation_network_oct_07.html
"From time to time, it may become necessary for SCEA to provide certain content to you to ensure that PSN and content offered through PSN, your PLAYSTATION®3 computer entertainment system, the PSP® (PlayStation®Portable) system or other SCEA-authorized hardware is functioning properly in accordance with SCEA guidelines. 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. Such upgrades or updates may be provided for system software for your PLAYSTATION®3 computer entertainment system, the PSP® (PlayStation®Portable) system, or other SCEA-authorized hardware. Access or use to any system software is subject to terms and conditions of a separate end user license agreement found at http://www.us.playstation.com/termsofuse. You authorize SCEA to provide such content and agree that SCEA shall not be liable for any damages arising from provision of such content or maintenance services. It is recommended that you regularly back up any data located on the hard disk that is of a type that can be backed up."
Note: The link in the paragraph shows both TOS.
People keep forgetting that the PSN has its own TOS seperate from the PS3 TOS. If you don't like the update then don't use the PSN service. Simple as that.
