By using this site, you agree to our Privacy Policy and our Terms of Use. Close

Forums - Sony - Regarding OtherOS removal legality

I was looking through the terms and conditions sourced on the back of my PS3 box...

""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. " - http://uk.playstation.com/legal/detail/item239569/SYSTEM-SOFTWARE-LICENSE-AGREEMENT-FOR-THE-PlayStation®3-SYSTEM/

Isn't this exactly what Sony are doing? From what I read there Sony can distribute there software updates (with changes) if it may prevent access to pirated content, or unauthorized use of hardware. 

This is sourced on the back of all PS3 retail content, all PSN content, all PS3 hardware. So doesn't this mean what Sony have done is perfectly legal?



Around the Network

yup its legal in my country at least. I contacted the consumer department.



AFAIK a EULA can't be in contradiction with a law. That said, the oft-quote 'law' we have here might not be a law but a directive that tells how laws should be created instead of being a law itself. But I'm not sure, I'm not going to look into this matter so much.



Oh? Which consumer department did you contact specifically? That's very vague, and I'm interested :)



Xero said:

I was looking through the terms and conditions sourced on the back of my PS3 box...

""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. " - http://uk.playstation.com/legal/detail/item239569/SYSTEM-SOFTWARE-LICENSE-AGREEMENT-FOR-THE-PlayStation®3-SYSTEM/

Isn't this exactly what Sony are doing? From what I read there Sony can distribute there software updates (with changes) if it may prevent access to pirated content, or unauthorized use of hardware. 

This is sourced on the back of all PS3 retail content, all PSN content, all PS3 hardware. So doesn't this mean what Sony have done is perfectly legal?

Signed terms of use would still be illegal if they are inherently illegal.

Suppose I signed a document allowing someone to kill me (in a country where euthanasia is illegal). Despite signing, the act would still be deemed illegal by any court.



Around the Network
Xero said:
Oh? Which consumer department did you contact specifically? That's very vague, and I'm interested :)

forbrukerrådet:p i am from norway though:p



Zkuq said:
AFAIK a EULA can't be in contradiction with a law. That said, the oft-quote 'law' we have here might not be a law but a directive that tells how laws should be created instead of being a law itself. But I'm not sure, I'm not going to look into this matter so much.

I dunno. I don't think I can take that EU directive seriously. There's a ridiculous amount of stuff that goes on which breaches it every day. 
Directives are as you say, not law. Directives are just directions for the law of each member state. Considering what goes on in industry every day, I don't believe there are laws in place that specifically enforce the extract in question without limitation. 

 



masterb8tr said:
Xero said:
Oh? Which consumer department did you contact specifically? That's very vague, and I'm interested :)

forbrukerrådet:p i am from norway though:p

It's legal in your country because Norway isn't in the EU. In any EU country that EULA and ToS directives are in violation of consumer rights.



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.

yanamaster said:
masterb8tr said:
Xero said:
Oh? Which consumer department did you contact specifically? That's very vague, and I'm interested :)

forbrukerrådet:p i am from norway though:p

It's legal in your country because Norway isn't in the EU. In any EU country that EULA and ToS directives are in violation of consumer rights.

Norway is part of EEA though. So we're obligated to follow certain directives regarding company law ect.



Xero said:
Zkuq said:
AFAIK a EULA can't be in contradiction with a law. That said, the oft-quote 'law' we have here might not be a law but a directive that tells how laws should be created instead of being a law itself. But I'm not sure, I'm not going to look into this matter so much.

I dunno. I don't think I can take that EU directive seriously. There's a ridiculous amount of stuff that goes on which breaches it every day. 
Directives are as you say, not law. Directives are just directions for the law of each member state. Considering what goes on in industry every day, I don't believe there are laws in place that specifically enforce the extract in question without limitation. 

 

Actually you are wrong. The reason is that EU directives are basically laws under a different name, the interpretation is not really negotiable.

Of course the industries try to go around these directives, that's why consumers have to bring these kind of things to public information and inform the commissions that something is wrong. The EU doesn't invigilate the industries so it must be told first before they take action.

That's why it was a couple years after the iphone and ipods were introduced that the EU decided to take legal action against Apple and the same thing with Microsoft and their OS sale system in different countries.



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.