Ok, I don't see how you don't understand.  I'll take apart what you said.

strunge said: you keep missing the vital point -- they aren't taking away the function

My reply: Of course they are taking away a function, they are taking away the whole Open Platform aspect of the machine.

strunge said: you aren't reuquired to download it.  if you choose to nt download it, your machine will remain in the same form and function as when you purchased it

My Reply: I am required to download it if I stil want to access the PSN.  Also, my machine will NOT function the same as when I brought it, becuase when I brought it, the PS3 was Open Platform and I could access the PSN.

strunge said: you want to absolve yourself of that choice and say Sony owes you for additional features but you aren't obligated to adhere to the ToS that you have to agree to to obtain them. that's dishonest.

My reply: Terms of service (TOS) that a company creates are not recognised as Law when they contradict EU Law no matter what a big company will have you belive.  The Law is "* be fit for the purpose which the consumer requires them and which was made known to the seller at the time of purchase", it doesnt matter what the TOS says becuase what Sony have done is goes against the Law. 

By your thinking, Sony in threoy could block the use of Blu ray films on the PS3 becuase they change the Operating Systems functions like it says they can in the TOS.  If they done that Sony would have the shit sued out of them.  This is the same thing.  Sony are forcing customers to pick one of two services that was made known at the time of purchase.  Maybe the law is different in your counrty, but in Europe you just can't do it.

Ok, I don't see how you don't understand.  I'll take apart what you said.

strunge said: you keep missing the vital point -- they aren't taking away the function

My reply: Of course they are taking away a function, they are taking away the whole Open Platform aspect of the machine.

strunge said: you aren't reuquired to download it.  if you choose to nt download it, your machine will remain in the same form and function as when you purchased it

My Reply: I am required to download it if I stil want to access the PSN.  Also, my machine will NOT function the same as when I brought it, becuase when I brought it, the PS3 was Open Platform and I could access the PSN.

strunge said: you want to absolve yourself of that choice and say Sony owes you for additional features but you aren't obligated to adhere to the ToS that you have to agree to to obtain them. that's dishonest.

My reply: Terms of service (TOS) that a company creates are not recognised as Law when they contradict EU Law no matter what a big company will have you belive.  The Law is "* be fit for the purpose which the consumer requires them and which was made known to the seller at the time of purchase", it doesnt matter what the TOS says becuase what Sony have done is goes against the Law. 

By your thinking, Sony in threoy could block the use of Blu ray films on the PS3 becuase they change the Operating Systems functions like it says they can in the TOS.  If they done that Sony would have the shit sued out of them.  This is the same thing.  Sony are forcing customers to pick one of two services that was made known at the time of purchase.  Maybe the law is different in your counrty, but in Europe you just can't do it.

I understand both of you, but actually its strunge that is closer to reality, legally speaking. PSN required a separate contract, and is not part of the PS3 purchase. Morally speaking, I greatly agree with you they shouldnt do that, and also encourage you to try something. They never advertise PSN to be part of your purchase nor updates, but they sure as hell encourage you to subscribe to it, they also market it as a selling point (could be a small opening for lawsuit here). But still, your not paying for PSN when purchasing a PS3 (maybe in your mind you were paying for it but legally no), its a free extra. The thing is, a company can remove a free extra anytime they want, and thats how the judge will probably see it. You both have points, but in reality, you will probably not gain anything in doing a petition and filling a court case, so Strunge is closer to reality. Feel free to prove us wrong in winning this. Im not joining tho, as I think its a lost of time and money since sadly for us, Sony is in their right to remove a free extra for any reason they see fit (this one is not good in my opinion tho). If they do other things like that I will greatly consider not purchasing their products anymore, thats how I sue a company.

nope, I get what you are saying, and as has been described by other posters, you are simply wrong.  the Other OS option and PSn are separate issues, and you have no argument because you are trying to confuse the two of them as one issue. 

the update removes Other OS but provides PSN.  you have no right to the PSN simply by purchasing a PS3, so you have no argument to have access to it, hence why Sony can kick members off if they choose or restrict your access if you do not agree to the Terms of Service, and doing so does not violate the EU. 

now, removing the Other OS probably does violate the EU, but Sony isn't removing it.  for it to be removed, YOU have to download it and accept it being removied, and the moment you do you have no argument.  now, as has been said and I'm not sure how you are missing such an elementary point, you can choose not to update and it will eliminate your ability to access the PSN, but you do not have a right to the PSN simply by owning a PS3.  you can try and argue that you do, and we will all watch with humor, but you will lose because you have no argument that dictates that by purchasing a PS3 you have a right to access the PSN independent of any regulations by Sony, or else Sony would be obligated to maintain the PSN for as long as every person continued to use the PS3.

i agree w/ what you said, i posted the same things you and strunge said earlier in the thread.

but jus to add in a lil bit to your comment. even if you are paying sony for the psn service, and you refuse to accept the new ToS that comes w/ the new update, you are not allowed to use the service.

fact is when you buy any product (for money i would presume lol), lets say for your computer, before you can begin installation you need to accept the ToS. if you don't you can't use the product. so case in point, paying for the service is infact not the only thing required to give you the right to the service/product.

and while this update essentially punishes us, it does make a statement to the devs who support the ps3 and that is that sony will do what they need to, to fight against piracy, even if it involves removing a feature that was one of their selling points (even though it's not supported in the slims) and will make many customers angry.

i don't think that it would be a move that would go unnoticed among the devs who are the ones affected the most by piracy on the consoles.