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Forums - Sony Discussion - sony's illegal business practice!!!!!!!

ssj12 said:
thranx said:
joeorc you need to do some actual reading on consumer rights (not just copy pasting definitions, but comprehending what you read). you do not have it right at least for the US and EU. Consumers do not have to choose between updates and loosing features. As shown by the first case already above. More will come out and retailers/sony will have to compensate people who bought ps3's to use linux and no longer can. EULA's/TOS's can not contract you out of your right to have what you purchased not taken away from you. This will be last I say, as from here on out we will start hearing about court cases and judges and lawyers will decide who is right in each country.

consumer rights really dont exist when it comes to software from big companies like Microsoft, Apple, Nintendo, and Sony.

lol. no the don't that's pretty much a myth.

when anyone power's on their PS3 and access those XMB function's you are agreeing to for example this section of the EULA for example:

3. SERVICES AND UPDATES

From time to time, SCE may provide updates, upgrades or services to your PS3™ system to ensure it is functioning properly in accordance with SCE guidelines or provide you with new offerings. Some services may be provided automatically without notice when you are online, and others may be available to you through SCE's online network or authorized channels. Without limitation, services may include the provision of the latest update or download of new release that may include security patches, new technology or revised settings and features which may prevent access to unauthorized or pirated content, or use of unauthorized hardware or software in connection with the PS3™ system. Additionally, you may not be able to view your own content if it includes or displays content that is protected by authentication technology. Some services may change your current settings, cause a loss of data or content, or cause some loss of functionality.

 

notice this line:

3. SERVICES AND UPDATES

  Additionally, you may not be able to view your own content if it includes or displays content that is protected by authentication technology. Some services may change your current settings, cause a loss of data or content, or cause some loss of functionality

they just told the consumer with update 3.21 you would loose the function of Install other OS is your update to 3.21. if you do not update to 3.21 you can still use your PS3 with reduced function access until you do update due to security reason's. that's the big point you can still update to 3.21. now if you use the update from Geohot it's your own risk.

 



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.

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People are still going on in this thread?

@ssj12, that's partially true, but it's not impossible for a consumer's rights to be honored. But if a major retailer like Amazon doesn't even want to get in the fight over this, that should say something about the severity of this case. Maybe it won't really go anywhere, or maybe it will, time will tell.

@joearc, First, you've missed one of the main points in every one of these threads. I could say it again for about the 1000th time, but I have a feeling it will go right past you again so I won't bother. If you're ready to listen again (remember, you don't have to agree, just listen) let me know, I'll re-post the 1-2 sentences that you keep ignoring from everyone who has said it.

Second, try using links, and maybe copy and pasting highlights. Most people will just completely skip over multiple "pages" worth of copied text in a forum. Unless your goal is for people to eventually/immediately ignore you. The most recent post is fine, but the previous one is not if your goals are to have a discussion or to get a point across.



@Joeorc - I'm not quoting you posting irrelevant crap again. You quote all you like, it doesn't mean anything legally if the agreement is ILLEGAL to begin with as it cannot override law. I'll be glad when you're proved wrong this coming week as more and more people sue retailers.



I changed my mind, I'll post the main idea you're skipping over anyways so I don't have to worry about it later.

There is a misconception that whatever is in ToS or EULA is the final word, but this is wrong. ToS and EULA cannot contract outside the law. Just about EVERYONE in this thread, or in any of these threads, knows that Sony's ToS/EULA states they can change whatever they want, whenever they want. The argument is whether or not that is legal.

Posting the whole ToS/EULA is pointless since nobody is arguing about it's contents, only it's legality.

You can disagree with us that it's illegal, but posting the entire ToS/EULA makes me wonder if you actually read anything anyone else says.



r505Matt said:
I changed my mind, I'll post the main idea you're skipping over anyways so I don't have to worry about it later.

There is a misconception that whatever is in ToS or EULA is the final word, but this is wrong. ToS and EULA cannot contract outside the law. Just about EVERYONE in this thread, or in any of these threads, knows that Sony's ToS/EULA states they can change whatever they want, whenever they want. The argument is whether or not that is legal.

Posting the whole ToS/EULA is pointless since nobody is arguing about it's contents, only it's legality.

You can disagree with us that it's illegal, but posting the entire ToS/EULA makes me wonder if you actually read anything anyone else says.

people act like this is something New. Microsoft changed the service pack from 1 to 2 and certain program's for window's failed to function under service pack 2. was Microsoft liable for it. NO

so how is this any different?

when you first bought your ps3 you agreed to the EULA when you access the PS3's XMB.

you own the hardware not the software , so how is it you can lay claim as a consumer to the software.

but..but i bought it with Other OS installed. and you did. but Sony has stated that they had to remove it from the newest update to their XMB software..notice their XMB not the consumer's.

what your trying to say is Sony broke a consumer protection law. and they have not!

you do not agree with that but i don't agree with your idea that Sony did.

hey their EULA has been that way since ps2 the PS3 you and I as the consumer did not own the PS2 software. it's the same thing here.

you cannot claim they are stripping away something you do not own or have the right to!

the PS3 was sold with the function that you and I as a consumer has when we bought the PS3 and we agreed to the eula when we bought it. the very fact that these agreement's are made with the Law in mind when they write them because Lawyer's right them up mean's they are written with the ability to abide by the law's that the contract  and agreement must abide by.

if it was ilegal, Sony's EULA and TOS would have been thrown out a long time ago!

here is a good document on protection:

UNIFORM COMPUTER INFORMATION

TRANSACTIONS ACT

                                                                http://www.law.upenn.edu/bll/archives/ulc/ucita/ucita200.htm

 



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.

Around the Network

*sigh*

And again, I wonder if you even read/listen. I don't care about discussing this topic anymore, I was just hoping for a "Yes, ToS/EULA cannot contract outside the law." and for you to not go into another spiel about this isn't the first time this has happened and a company got away with it. I don't care. I had my fun speculating, I just care now how it turns out. I'm done speculating.

Just so you know there is legal precedent for ToS/EULA to be overturned, even in USA, but yes there is also precedent for the opposite. No, I don't care enough to look it up again, it took me a while to find it a while ago. I don't care if you believe me or not, but it's out there.

And no, if it was illegal, it could have just not really mattered until now. It's not like there are lawyers out there reading every legal document in existence to see what's legal and what's not, they don't care until there's a reason to care (money or the prospect of money).

*sigh* *walks away shaking head in frustration*



there is no point in continuing on with this disscusion. either u are going to get the firmware up date or trade ur ps3 back in because sony has the right to terminate any service for any reason. read ur online agreement.



features which may prevent access to unauthorized or pirated content, or use of unauthorized hardware or software in connection with the PS3™ system. Additionally, you may not be able to view your own content if it includes or displays content that is protected by authentication technology. Some services may change your current settings, cause a loss of data or content, or cause some loss of functionality. now except it! its finale?




play your games and stop ur complanig. other os has nothing to do with the software u play witch is why on a ps3 anyway!



MARCUSDJACKSON said:
there is no point in continuing on with this disscusion. either u are going to get the firmware up date or trade ur ps3 back in because sony has the right to terminate any service for any reason. read ur online agreement.

Triple posting aside, I gather you didn't bother to read any posts at all in this thread as all you've just said has been rebuked over and over again already.