| Homeroids said: So if MS remove a feature from the Windows O/S after you purchased it, this is illegal too? |
If that feature were indicated as present in the product package or in its advertising, MS couldn't remove it. But MS is smart, and in advertising it talks about a vague "user experience" and in its EULA it just writes the truth, that Windows isn't suitable to anything, so it can remove what it wants.
Didn't you make other threads on this topic? If you really want them to bring it back, offer some constructive suggestions rather than just point fingers and complain.
| fastyxx said: Actually read your terms of service for PSN/XBLA. They can do pretty much whatever they want. You have the option to not take the firmware, as long as you never want to log int PSn again, right? So there's always a choice... |
This. People actually read the terms of service you agree too when signing up for things, or when accepting patches or firmware downloads. Its all there.
hmmm again it seems many people here are just saying no big deal without reading my points. the tos and eula are both invalid as u cant pre consent to after market modification in amerca. Example: itunes. they also state that it may be necessary to update software or risk certain functionality loss or security threats. ok but if my itunes is still running at 6.0 can they ban u from the itunes store. nope that would be illegal. let me also be clear. i dont use the other os feature. i am merely concerned about the bad precedent this could set. suppose they said ohhh people might put illegally downloaded music so remove mp3 function. or disable wifi so they cant sign on thru unsecure network. one of the best things in america is that we are not forced to give up our rights in the name of security or big business. please people realize that this discussion is not about the other os feature but about consumer rights.
oh yeah also there's like 80 comments up here so while i may not win i am at least making people take notice which is certainly a step in the right direction.
| bxnytony said: one of the best things in america is that we are not forced to give up our rights in the name of security or big business. |
and you just lost any credibility anyone might have given you.
We do this constantly. Multiple times a day. Ever hear of the Patriot Act? Airline security? Any online business transaction linking your credit card to your ISP? Using your social security number in bank account transactions?
i could go on for hours and hours here. But it's time for bed.
Can't we all just get along and play our games in peace?
| bxnytony said: hmmm again it seems many people here are just saying no big deal without reading my points. the tos and eula are both invalid as u cant pre consent to after market modification in amerca. Example: itunes. they also state that it may be necessary to update software or risk certain functionality loss or security threats. ok but if my itunes is still running at 6.0 can they ban u from the itunes store. nope that would be illegal. let me also be clear. i dont use the other os feature. i am merely concerned about the bad precedent this could set. suppose they said ohhh people might put illegally downloaded music so remove mp3 function. or disable wifi so they cant sign on thru unsecure network. one of the best things in america is that we are not forced to give up our rights in the name of security or big business. please people realize that this discussion is not about the other os feature but about consumer rights. |
They can ban you from the itunes store any day they want.
because you didn't purchase your itunes.......
Besides the fact that I already answered your whole argument about post purchase modifications.
It's done all the time, it's called patches, and every software company in the world does it.....
PS3-Xbox360 gap : 1.5 millions and going up in PS3 favor !
PS3-Wii gap : 20 millions and going down !
| Feylic said: I find it really funny how all these random people think they discovered some amazing legal issue that Sony somehow didn't think of... |
so true
"Everything we hear is an opinion, not a fact. Everything we see is a perspective, not the truth." -My good friend Mark Aurelius
| bxnytony said:
ok guys imma point out several of the things that are illegal about sony's current "optional" 3.21 firmware update. 1) after market modification is illegal for both the consumer and manufacturer without consent from the opposite party. it states in the tos that they reserve the right to alter software at anytime however its illegal since u cant pre agree to modification. Federal law renders their own tos void because u cant actually enter into an agreement which breaks the law within itself. 2)false advertising - every single ps3 system and game advertises psn access. now no ps3 advertises or specifies firmware requirements therefore they can not block u from accessing the psn based solely on what firmware you use. Also some games clearly state on the box specific firmware requirements. if ur system meets the minimum required firmware then they are legally bound to allow u access to all functions of the game including online play. since no game could possibly require firmware 3.21 as it just came out blocking the access of those who choose not to upgrade is a violation of ur consumer rights. they agree to let u play online when u buy the game so how can they pull it back because u don't upgrade to a firmware that isn't specified as a requirement. 3)theft of service- when u purchase a system or game u are not just purchasing a product u are purchasing a service. the psn is a service that they agree to give u access to upon purchase. it is clearly advertised on all packaging with no listed firmware requirements. no it is not a free service. every single game and system bought is money for sony that is used to maintain the service that is clearly advertised on the packaging. again by restricting ur access based on firmware they are disabling ur access to a service that was already agreed upon at a set "price". 4)consumer deception- the new update is specifically listed as optional!!! how is that possible when not updating will restrict from using features that were previously functional. this is illegal. even if it states that you will be blocked should u not update in a new eula or tos, by refusing the update u r also refusing the tos or eula including the part which bans u form utilizing the psn based on firmware specification. 5) the psp- (big issue here) my psn account is blocked on my ps3 but not on my psp???????????? how is that? same account same psn. i'm sure they use different programming and code but they also use different firmware. the psn is not designated as psp or psn therefore they obviously cant restrict it based on firmware as my psp CANT use ps3 firmware 3.21 duh. you cant say oh for the psp its one thing and for the ps3 its another as they both are granting access to the same network. Please people read this and take note. Hey xbox players same goes for u guys. this is bigger than sony or games in general. the precedence this could set is that any manufacturer could remove or disable any fucntion they see fit after u pay for it. |
1. You consent to the update, or else you dont get the update.
2. Wrong, its all about servers. The PSN runs on servers. If the servers are updated to only reconnise the latest firmware, older software wont work. Its called compatibility. Realize this affects everything.
3. you are completely wrong.
4. it is optional in terms of if you want to keep OtherOS on a consumer level, dont update.
5. Actually your wrong. The PS3, PSP, and PC are using different PSNs linked under one username system.
6. I think your not realizing that OtherOS isnt even being removed, rather disabled to consumers. If you are a company that needs the PSN and OtherOS services, Sony will reactivate it for your specific needs. You just need to prove that your a company that needs the service.
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