Another one of these fail threads, and not because the OP is wrong.
ToS/EULA CANNOT contract outside the law. Once there's a conflict between the law and ToS, the ToS means nothing.
Someone said this before, this is a "bait-and-switch". You were advertised a product that has a set of features, and then the use of PSN AND Other OS. You now have a product (if you have the phat) that has that same first "set of features" I mentioned, but then the use of PSN OR the Other OS. In either case, you are losing a feature.
What it comes down to is whether it was directly advertised that you would have BOTH features. If it was, this is false advertisement and will easily be taken to court, Sony will be sued, and maybe forced to re-implement the Other OS option.
Though, once games start releasing that require 3.21+, it won't matter if they advertised PSN or not.
Again, I've said this before, this update is "optional" just like turning on the PS3 is optional. Or the same way each and every thing you do is optional. You don't HAVE to do anything.







