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Forums - Sony - Sony's Removal of "Other OS" May Be Against EU Law

 

Sony's Removal of "Other OS" May Be Against EU Law

Bad Sony, bad! 131 69.31%
 
I still hope it's an early April's Fools 58 30.69%
 
Total:189
strunge said:
redspear said:
strunge said:
r505Matt said:
letsdance said:

I dont think you know the law as well as you do. The ToS wont be upheld in court only if its illegal... which it isnt. The Ps3 does as advertised. Case closed. You need to agree to the feature being taken out. Case closed. You cant download the feature and then claim you werent aware it would remove a feature as Sony makes you aware before hand. And you arent forced to DL the FW either so the PS3 still works. This will be thrown out of court if it even makes it that far

That's not really right though. If you don't download the firmware, you can keep the other OS option, but new blu-rays and games that require newer firmware won't work. That wasn't part of the deal when I bought the system. Essentially, you have an option of which feature(s) you want removed. Either A) get rid of the "other os" feature or B) get rid of the features of playing new games, watching new blu-rays, accessing free PSN, and whatever else will be blocked off for you. That's still removal of features. So the update is optional just like eating food, or going to work/school is optional. 

The thing about the ToS is that it's not okay to remove a feature just because the ToS say so. If the courts find that Son'y maneuver isn't illegal that's a different story. But there are consumer protection laws for a reason. 

If the PS3 is losing features, it no longer does as advertised. Don't get me wrong, I don't care about the feature, it's the horrible treatment of the consumer that I have a problem with.

so if I buy a PS3 but don't have internet service to get additional firmware updates and the system won't play blu rays, I can sue Sony because my system is not providing me the features it claims to because of my choice not to get internet service?  by your argument, yes.

that's why your argument is poor. 

The updates are included on the discs.

then not having the PSN doesn't affect your ability to get the neccessary updates for blu rays or games because they come with the disc, so again there is no issue with not updating and being able to play blu rays or games. thank you for helping with my point.

Wow you really like twisting things don't you. The games that contain the updates do the same updates as the PSN ones. That means that if you bought a game that contains an update and update it you would lose your OS install. So no you still can't play it. I really don't understand the attitude this whole thing has called. All of a sudden Linux users are evil or whiny because we use a feature that we enjoyed that is no being taken away.

 

Imagine if I found a way to create a buffer overload through PSN and Sony decided to axe PSN because it was a security risk. I highly doubt you would take your stance.



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redspear said:
strunge said:
redspear said:
strunge said:
r505Matt said:
letsdance said:

I dont think you know the law as well as you do. The ToS wont be upheld in court only if its illegal... which it isnt. The Ps3 does as advertised. Case closed. You need to agree to the feature being taken out. Case closed. You cant download the feature and then claim you werent aware it would remove a feature as Sony makes you aware before hand. And you arent forced to DL the FW either so the PS3 still works. This will be thrown out of court if it even makes it that far

That's not really right though. If you don't download the firmware, you can keep the other OS option, but new blu-rays and games that require newer firmware won't work. That wasn't part of the deal when I bought the system. Essentially, you have an option of which feature(s) you want removed. Either A) get rid of the "other os" feature or B) get rid of the features of playing new games, watching new blu-rays, accessing free PSN, and whatever else will be blocked off for you. That's still removal of features. So the update is optional just like eating food, or going to work/school is optional. 

The thing about the ToS is that it's not okay to remove a feature just because the ToS say so. If the courts find that Son'y maneuver isn't illegal that's a different story. But there are consumer protection laws for a reason. 

If the PS3 is losing features, it no longer does as advertised. Don't get me wrong, I don't care about the feature, it's the horrible treatment of the consumer that I have a problem with.

so if I buy a PS3 but don't have internet service to get additional firmware updates and the system won't play blu rays, I can sue Sony because my system is not providing me the features it claims to because of my choice not to get internet service?  by your argument, yes.

that's why your argument is poor. 

The updates are included on the discs.

then not having the PSN doesn't affect your ability to get the neccessary updates for blu rays or games because they come with the disc, so again there is no issue with not updating and being able to play blu rays or games. thank you for helping with my point.

Wow you really like twisting things don't you. The games that contain the updates do the same updates as the PSN ones. That means that if you bought a game that contains an update and update it you would lose your OS install. So no you still can't play it. I really don't understand the attitude this whole thing has called. All of a sudden Linux users are evil or whiny because we use a feature that we enjoyed that is no being taken away.

 

Imagine if I found a way to create a buffer overload through PSN and Sony decided to axe PSN because it was a security risk. I highly doubt you would take your stance.

an why would you do that..too prove a point?

that's the very reason that the Loss of other OS if you decide to update that is.

It's that very idea and thinking that got people into this mess

Little young Hacker's with a "god complex"

anytime they don't get their way, they think the rules do not apply to him like the rest of us.

it's people like that, is what ruin's it for the rest of the people.

while i respect geohot's talent's as a person I do not respect him at all.

and Him doing what he did an people think that it's cool, just show's the disreguard for rule's or respect.



I AM BOLO

100% lover "nothing else matter's" after that...

ps:

Proud psOne/2/3/p owner.  I survived Aplcalyps3 and all I got was this lousy Signature.

joeorc said:

an why would you do that..too prove a point?

that's the very reason that the Loss of other OS if you decide to update that is.

It's that very idea and thinking that got people into this mess

Little young Hacker's with a "god complex"

anytime they don't get their way, they think the rules do not apply to him like the rest of us.

it's people like that, is what ruin's it for the rest of the people.

while i respect geohot's talent's as a person I do not respect him at all.

and Him doing what he did an people think that it's cool, just show's the disreguard for rule's or respect.

Because it's fun, because it's a challenge, and because it would come with serious bragging rights. If you don't understand that that is plenty enough then you are living in a fairy tale world.

I would love to know exactly how he ruined everything. ALl he did was unlock a system to do more than it could before. How is that wrong in any way shape or form?



It's not his system to touch, end of story, he's not doing it for personal reasons, he's doing it for a community, very different.

A community that, and you can't deny this, eventually someone will decide they want to add unsupported, unlicensed game support...

It's bound to happen when things head in that direction...

OtherOS was there for developers to program with the Cell, and for personal users to use it for Linux...that's it, not as a gateway into a closed system...Improper use of one user who decides to share it to become "The Hacker who Did It"...sparks many people to try to lead in the same way and branch off from that, regardless if it was a harmless "hack" on his part...



Just waiting for that PS Vita to come out so I can play some full featured games on the go with that beautiful screen and control scheme...

Vanbierk said:
It's not his system to touch, end of story, he's not doing it for personal reasons, he's doing it for a community, very different.

A community that, and you can't deny this, eventually someone will decide they want to add unsupported, unlicensed game support...

It's bound to happen when things head in that direction...

OtherOS was there for developers to program with the Cell, and for personal users to use it for Linux...that's it, not as a gateway into a closed system...Improper use of one user who decides to share it to become "The Hacker who Did It"...sparks many people to try to lead in the same way and branch off from that, regardless if it was a harmless "hack" on his part...

Yes it's his system. He paid the money for it and that makes everything in the PS3 his to do with what he wants. Same goes for anyone else with a PS3. He does share the information, and it would be quite stupid if he didn't. I am sure there are others who would want a way in the system. A hacked PSP has a lot more going for it than jsut free games you know. You can change how things do and operate. Same with a PS3 when it's done probably.



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redspear said:
strunge said:
redspear said:
strunge said:
r505Matt said:
letsdance said:

I dont think you know the law as well as you do. The ToS wont be upheld in court only if its illegal... which it isnt. The Ps3 does as advertised. Case closed. You need to agree to the feature being taken out. Case closed. You cant download the feature and then claim you werent aware it would remove a feature as Sony makes you aware before hand. And you arent forced to DL the FW either so the PS3 still works. This will be thrown out of court if it even makes it that far

That's not really right though. If you don't download the firmware, you can keep the other OS option, but new blu-rays and games that require newer firmware won't work. That wasn't part of the deal when I bought the system. Essentially, you have an option of which feature(s) you want removed. Either A) get rid of the "other os" feature or B) get rid of the features of playing new games, watching new blu-rays, accessing free PSN, and whatever else will be blocked off for you. That's still removal of features. So the update is optional just like eating food, or going to work/school is optional. 

The thing about the ToS is that it's not okay to remove a feature just because the ToS say so. If the courts find that Son'y maneuver isn't illegal that's a different story. But there are consumer protection laws for a reason. 

If the PS3 is losing features, it no longer does as advertised. Don't get me wrong, I don't care about the feature, it's the horrible treatment of the consumer that I have a problem with.

so if I buy a PS3 but don't have internet service to get additional firmware updates and the system won't play blu rays, I can sue Sony because my system is not providing me the features it claims to because of my choice not to get internet service?  by your argument, yes.

that's why your argument is poor. 

The updates are included on the discs.

then not having the PSN doesn't affect your ability to get the neccessary updates for blu rays or games because they come with the disc, so again there is no issue with not updating and being able to play blu rays or games. thank you for helping with my point.

Wow you really like twisting things don't you. The games that contain the updates do the same updates as the PSN ones. That means that if you bought a game that contains an update and update it you would lose your OS install. So no you still can't play it. I really don't understand the attitude this whole thing has called. All of a sudden Linux users are evil or whiny because we use a feature that we enjoyed that is no being taken away.

 

Imagine if I found a way to create a buffer overload through PSN and Sony decided to axe PSN because it was a security risk. I highly doubt you would take your stance.

that's not true at all.  the games don't come with system firmware updates. 



mirgro said:
Vanbierk said:
It's not his system to touch, end of story, he's not doing it for personal reasons, he's doing it for a community, very different.

A community that, and you can't deny this, eventually someone will decide they want to add unsupported, unlicensed game support...

It's bound to happen when things head in that direction...

OtherOS was there for developers to program with the Cell, and for personal users to use it for Linux...that's it, not as a gateway into a closed system...Improper use of one user who decides to share it to become "The Hacker who Did It"...sparks many people to try to lead in the same way and branch off from that, regardless if it was a harmless "hack" on his part...

Yes it's his system. He paid the money for it and that makes everything in the PS3 his to do with what he wants. Same goes for anyone else with a PS3. He does share the information, and it would be quite stupid if he didn't. I am sure there are others who would want a way in the system. A hacked PSP has a lot more going for it than jsut free games you know. You can change how things do and operate. Same with a PS3 when it's done probably.

Saying he owns the technology in the system is like saying when you buy music from the store...it's actually yours, or a movie that you buy from the store, is one for you to be able to edit, and cut around....It just doesn't work like that.  You're paying for the ability to use the hardware licensed to you via your consent on reciept of terms.  Those terms are presented to you the very second you turn the system on, and when you agree, you're agreeing that you will use the system that you have purchased within the rules of operation, the EULA.  Home computers don't work under the same rules, that hardware is hardware that you have purchased and can do whatever you feel like, as long as you aren't hacking into say...microsoft or apple's operating systems, in which case, you've given up the right to that instance of the software, it can be taken...



Just waiting for that PS Vita to come out so I can play some full featured games on the go with that beautiful screen and control scheme...

Vanbierk said:
mirgro said:
Vanbierk said:
It's not his system to touch, end of story, he's not doing it for personal reasons, he's doing it for a community, very different.

A community that, and you can't deny this, eventually someone will decide they want to add unsupported, unlicensed game support...

It's bound to happen when things head in that direction...

OtherOS was there for developers to program with the Cell, and for personal users to use it for Linux...that's it, not as a gateway into a closed system...Improper use of one user who decides to share it to become "The Hacker who Did It"...sparks many people to try to lead in the same way and branch off from that, regardless if it was a harmless "hack" on his part...

Yes it's his system. He paid the money for it and that makes everything in the PS3 his to do with what he wants. Same goes for anyone else with a PS3. He does share the information, and it would be quite stupid if he didn't. I am sure there are others who would want a way in the system. A hacked PSP has a lot more going for it than jsut free games you know. You can change how things do and operate. Same with a PS3 when it's done probably.

Saying he owns the technology in the system is like saying when you buy music from the store...it's actually yours, or a movie that you buy from the store, is one for you to be able to edit, and cut around....It just doesn't work like that.  You're paying for the ability to use the hardware licensed to you via your consent on reciept of terms.  Those terms are presented to you the very second you turn the system on, and when you agree, you're agreeing that you will use the system that you have purchased within the rules of operation, the EULA.  Home computers don't work under the same rules, that hardware is hardware that you have purchased and can do whatever you feel like, as long as you aren't hacking into say...microsoft or apple's operating systems, in which case, you've given up the right to that instance of the software, it can be taken...

No it is really not the same. Music and movies are software and ideas, the PS3 is hardware. You can't steal software, you can't touch software, you can't put it to use other than what it is. Hardware is a completely different concept. It can be stolen, it can be used for many purposes, it can be repurposed, it can be destroyed easily, and so on and so forth. Everything else in your paragraph is comepltely broken when that is taken into account.

Also I read the ToS, I am agreeing that as long as I don't do anything to it, they will repair it and it will be under warranty for X amount of years. Other than that they really don't threaten me with anything in that agreement. As I said, the PS3 in its enitrety down to the tinies electron moving across its wires, belongs to me.



It is more than apparent that Sony is breaking consumer rights with their actions. I actually had a talk with my law professor detailing him on the whole process (note that he is an expert in EU law) and claims that for the EU it does not matter if we agreed to the ToS or EULA regulations if they are illegal to begin with.

The reason behind this is to not allow corporations from oversees to abuse customer rights. Very logical when you consider that companies like to treat all their costumers by the same rules disregarding the different countries customer care policies.

And Sony is disregarding EU nations laws with this act, i have never heard of some company taking away a feature that you paid for after even advertising it so much. Even more so by forcing the owners to do so. Sonys actions will be seen illegal, that much is certain.

And frankly this whole "throw it out, who cares about the otherOS" attitude going around the sony fans is really childish. This is exactly why we have certain laws saying that minority rights will be respected. Really, never have so many been so wrong in such a simple matter.



If i lose access to this profile as well....I'm done with this site.....You've been warned!!.....whoever you are...

Happy Wii60 user. Me and my family are a perfect example of where hardcore meets casual and together mutate into something awesome.

Anyways, Just keep contacting sony and the better business bureau. If all you do is make posts on the internet nothing will ever get done. I've been doing the above and I don't really care that they can hide behind their TOS, if enough people try.. then maybe something can be done.



PSN: HobsonA

XBL: HobsonA