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LivingMetal said:
Alby_da_Wolf said:
LivingMetal said:
Galaki said:
LivingMetal said:

I know what you're saying, but the "consumers rights" argument have been abused on these boards to give excuse to bash a console maker in this context.  I have openly voiced that the PS3 is my console of choice.  Sony has not violated my right as a consumers.  Hackers have made my gaming life "harder."  When Sony protects their IP, that in turn gives consumers such as I a better gaming experience.  Let's not take thing out of context to "prove" a point.

Remember that you're not the only customer. Just because it's okay to you may not be okay to someone else. They are just excercising their rights.

 

Oh, you mean those consumers who think they have a right to violate the TOS they agreed upon?

If they violate them, Sony has every right to not admit them in its network and to kick them away if they were already in (because to enter it you have to explicitly accept them, so the main objection against "automatically accepted" EULAs, TOS', etc doesn't apply in this particular case). But nothing else. You have every right to have cheaters (with modded consoles or not) banned from PSN and to play with honest people, but users have every right to mod for purposes that remain within their personal rights without affecting you or other people. At the same time, you have every right to give up some of your rights, but you have no right at all to give up them for other people.


So let's say I purchase a game and/or a console new at retail.  I expect it to run "as is" until (in this day and age) the manufacturer provides an update that should improve (and sometimes degrade) its performance in which I agree to.  In this case, what rights am I giving up and how is it a harm to others?

Game and console are different things, with game you just purchase a license. Anyhow, whatever are your rights on both HW and SW, if you give up any right on them without asking others to do the same you are totally right, if you exercise any right on them without negatively affecting other users rights, you're totally right too. If I mod my HW to cheat at playing games with you I am not right. But not because I modded my HW, because I used it to cheat, and I'd be wrong even if I cheated WITHOUT modding. If I kill innocent people hitting them in the head with a rolling pin or a stockfish, I'm not less guilty than if I do it using blades or firearms, and using a firearm as it was built wouldn't make me less guilty than using a modified one (although in this case I could be charged for other crimes too in many countries), murder would be my crime in any case. If instead of modding a PS3 I used a computer with a cheating PS3 emulator to rip you off, I'd be a cheater anyway, the guilt is in the way and purpose you use an instrument, not in the instrumet itself. Finally, if I mod my PS3, or XB360, or Wii, or Intellivision, etc. to run homebrew or anything else, without affecting you or anybody else, I'm right. But obviously I CAN'T pretend to access PSN or XBL, as their TOS require me to use an unmodded console and unmodded, authorized SW on them. PSN and XBL are Sony's and MS' networks, they own them and they have every right to set the rules I must respect to use them. They are masters at their home just like I am at mine, I can mod a console to use it in my house but not in theirs, they can set their rules to enter their network, but not for my private network. If you want an example, in general, at my home, and mostly also outdoors I can wear whatever shoes I want, but I must wear plastic or rubber flip-flops or wooden or plastic or rubber clogs at a swimming pool (unless I am the swimming pool owner or I receive the owner's permission to wear anything else).



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