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Forums - Sony - Sony Gets Other OS Class-Action Lawsuite Dismissed

Izo said:

Lets talk strictly game theft then. Lets say Sony makes a perfect PSN that completely stops online cheating. They still lose millions in software theft that they could've used to bring us more content so it still effects the majority.

This is where is stops. Being reasonable.  Sony can defend themselves in the relm of reason. When they do something that stomps your rights come back and bring this point up. They protected themselves they have that RIGHT.  Who has the right to  set the bar? This was a clear cut and dry problem the OtherOS was going to cause problems. Its not about who sets the bar anyone could have seen this threat. Your allowed to protect yourself within the relm of reason

The car thing is funny. Modding console directly led to the breaking in and then pirating of software.  Sony doesnt tell you how to use anything. So thats moot. Again it stops in the relm of reason.

It comes down to this. It doesn't matter who gets burned in the process as long as 1 underused feature stays.

Yes, you find that by teading over personal property rights, ANYONE can make more money, not just Sony. The right question is, what right do they have to do this in the first place? Nintendo and Microsoft both abide by personal property laws, why can't Sony? Are you really that much of a fanboy to say that Sony deserves a legal upper hand in making a profit? This is supposed to be a level playing field here. What you're defending is corporate cherrypicking.

Okay. Define "being reasonable". Would you sacrifice BluRay playback if Sony said the next day that they have to remove it, as hackers found a way around that? What if they disabled your USB ports?

They don't tell you how to use anything, but they give you a path in which you lose either way. In the car scenario, that's like giving them the option to drive however you like, but doing so means the transmission no longer works. Yeah....you're free to choose. Sony is giving you what I call a "childish hypothetical".

"Would you prefer to have your teeth smashed in with a hammer or get rusty nails stuck in your hands or feet?"

Hurry up and make a decision, already! You're free to choose, after all...

 



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fordy said:
o_O.Q said:


no there were advertised to provide certain functionality to their respective consoles and in one case never delivered and in the other only delived part of what was conveyed to customers...

regardless if we are going by what was said about swaying consumer interest these must apply ( and there are a vast amount of other examples of all companies doing this but i suppose that once its a certain company and not another it becomes an issue ) 


Companies don't have an obligation to retain specs/release on a product that hasn't been released. That's the difference here. People already invested their money on this system, for a feature that was already there.

Now, I know where you're going with this, and I'll say now, the sensible, LOGICAL person intent on getting a Wii/360 purely for Vitality sensor/Kinect additions would have purchased it......yes you guessed it.....upon RELEASE of said feature. OtherOS was there, it was available, and then it got taken away. Don't you see the difference here?

so its justifiable for nintendo to make promises  ( that as you say may sway customer interest ) and then never deliver on them... 

so if i went into a shop tommorow and bought a wii expecting that the peripheral that i saw in a big nintendo announcement would eventually add to my gaming experience but it never happens

is comparable to sony not mentioning other os in any ads or announcements except on a few sites affilitated with linux and a couple interviews lol

edit: the thing is i don't even get how i got this far into a discussion about other os advertising as there actually wasn't any give me a sticker on the console or the box or a tv announcement and i'd agree with you but i don't consider stuff like siny's slogan for their time in the industry and a couple interviews to qualify as advertising for a major feature



Icyedge said:
fordy said:
Icyedge said:
fordy said:
Icyedge said:


Hence the removal of PSN, not "other OS". PSN is a separate agreement, they can legally close, refrain or ban anyone at any time. That was the point of the judge.

Exactly! Sony have every right to ban you from THEIR service, so this whole crap about sacrificing personal property freedoms for the protection of cheating is pure bullshit.

Its not about removing "other OS", its about removing PSN to people who want to keep "other OS". Which like you just said, is rightful. Sony can apply any rules they want for people to access their PSN service, in this case, the removal of "other OS". Read the judge's conclusion once again.

Ahh, but let me ask you this. Do some off-the-shelf games require updates to the firmware AFTER the OtherOS removal branch? If so, you've also effectively disabled the PS3 as a game console, not just PSN..

Like I said on page 3, either the judge missed that point, or nobody have concrete proof of that. Ill give benefit of doubt to the judge :). That being said, if it can be proved that new games have on disc mandatory installation that requires you to remove "other OS" the petitioners should go into appeal. In any case, the issue is being extremely exagerated ;).

Hence the "lack of evidence" conclusion. Sony weren't found innocent. They were found "not guilty".

So with this in mind (that it was only PSN they were defending), why is Sony defending a roundabout way of enforcing security on it's online service? Why not just enforce more security measures on the online service?



fordy said:
Icyedge said:
fordy said:
Icyedge said:
fordy said:
Icyedge said:


Hence the removal of PSN, not "other OS". PSN is a separate agreement, they can legally close, refrain or ban anyone at any time. That was the point of the judge.

Exactly! Sony have every right to ban you from THEIR service, so this whole crap about sacrificing personal property freedoms for the protection of cheating is pure bullshit.

Its not about removing "other OS", its about removing PSN to people who want to keep "other OS". Which like you just said, is rightful. Sony can apply any rules they want for people to access their PSN service, in this case, the removal of "other OS". Read the judge's conclusion once again.

Ahh, but let me ask you this. Do some off-the-shelf games require updates to the firmware AFTER the OtherOS removal branch? If so, you've also effectively disabled the PS3 as a game console, not just PSN..

Like I said on page 3, either the judge missed that point, or nobody have concrete proof of that. Ill give benefit of doubt to the judge :). That being said, if it can be proved that new games have on disc mandatory installation that requires you to remove "other OS" the petitioners should go into appeal. In any case, the issue is being extremely exagerated ;).

Hence the "lack of evidence" conclusion. Sony weren't found innocent. They were found "not guilty".

So with this in mind (that it was only PSN they were defending), why is Sony defending a roundabout way of enforcing security on it's online service? Why not just enforce more security measures on the online service?

That could be discuss, the judge even said that on a consumer service basis it wasnt necessarily a good decision, I agree. But, its obviously not as bad as some want it to be ;).



fordy said:
Izo said:

Lets talk strictly game theft then. Lets say Sony makes a perfect PSN that completely stops online cheating. They still lose millions in software theft that they could've used to bring us more content so it still effects the majority.

This is where is stops. Being reasonable.  Sony can defend themselves in the relm of reason. When they do something that stomps your rights come back and bring this point up. They protected themselves they have that RIGHT.  Who has the right to  set the bar? This was a clear cut and dry problem the OtherOS was going to cause problems. Its not about who sets the bar anyone could have seen this threat. Your allowed to protect yourself within the relm of reason

The car thing is funny. Modding console directly led to the breaking in and then pirating of software.  Sony doesnt tell you how to use anything. So thats moot. Again it stops in the relm of reason.

It comes down to this. It doesn't matter who gets burned in the process as long as 1 underused feature stays.

Yes, you find that by teading over personal property rights, ANYONE can make more money, not just Sony. The right question is, what right do they have to do this in the first place? Nintendo and Microsoft both abide by personal property laws, why can't Sony? Are you really that much of a fanboy to say that Sony deserves a legal upper hand in making a profit? This is supposed to be a level playing field here. What you're defending is corporate cherrypicking.

Okay. Define "being reasonable". Would you sacrifice BluRay playback if Sony said the next day that they have to remove it, as hackers found a way around that? What if they disabled your USB ports?

They don't tell you how to use anything, but they give you a path in which you lose either way. In the car scenario, that's like giving them the option to drive however you like, but doing so means the transmission no longer works. Yeah....you're free to choose. Sony is giving you what I call a "childish hypothetical".

"Would you prefer to have your teeth smashed in with a hammer or get rusty nails stuck in your hands or feet?"

Hurry up and make a decision, already! You're free to choose, after all...

 

As far as its concerned the case was thrown out. Sony isnt teading on personal propierty rights thats the way you take it.

1. OtherOS was a rarely used feature and blueray playback/usb ports are not. 2. Sony has to face the reaction for removing a feature that everyone uses. Would I be pissed if they removed a feature like that? Yes  Is it the same as removing a underused feature in order to protect themselve? No and thats the relm of reason. People blew this issue out of the water even if they didn't use linux on ps3. Legit users have a right to be pissed but they had a choice to keep it. 

2. Accutally they gave you the choice to keep your oh so important feature or use there FREE service that they dont have to offer in the first place and since its obv. the better choice people picked it instead and then complained about OtherOS.

Your expression is that of 2 negatives. This is a situation of picking OtherOS or a free service. 



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fordy said:
Icyedge said:
fordy said:
Icyedge said:
fordy said:
Icyedge said:


Hence the removal of PSN, not "other OS". PSN is a separate agreement, they can legally close, refrain or ban anyone at any time. That was the point of the judge.

Exactly! Sony have every right to ban you from THEIR service, so this whole crap about sacrificing personal property freedoms for the protection of cheating is pure bullshit.

Its not about removing "other OS", its about removing PSN to people who want to keep "other OS". Which like you just said, is rightful. Sony can apply any rules they want for people to access their PSN service, in this case, the removal of "other OS". Read the judge's conclusion once again.

Ahh, but let me ask you this. Do some off-the-shelf games require updates to the firmware AFTER the OtherOS removal branch? If so, you've also effectively disabled the PS3 as a game console, not just PSN..

Like I said on page 3, either the judge missed that point, or nobody have concrete proof of that. Ill give benefit of doubt to the judge :). That being said, if it can be proved that new games have on disc mandatory installation that requires you to remove "other OS" the petitioners should go into appeal. In any case, the issue is being extremely exagerated ;).

Hence the "lack of evidence" conclusion. Sony weren't found innocent. They were found "not guilty".

So with this in mind (that it was only PSN they were defending), why is Sony defending a roundabout way of enforcing security on it's online service? Why not just enforce more security measures on the online service?

"just enforce more security measures on the online service?"

hackers can't find a way around that right?

wasn't the gaming network thought of as the best and most secure ( steam ) hacked just a short while ago?...

furthermore you're forgetting to mention that one of the issues involved here wasn't just PSN but also the exploits allowing for piracy that were spread by geohot, that is an unrelated issue to PSN that had to be dealt with



o_O.Q said:

so its justifiable for nintendo to make promises  ( that as you say may sway customer interest ) and then never deliver on them... 

so if i went into a shop tommorow and bought a wii expecting that the peripheral that i saw in a big nintendo announcement would eventually add to my gaming experience but it never happens

is comparable to sony not mentioning other os in any ads or announcements except on a few sites affilitated with linux and a couple interviews lol

edit: the thing is i don't even get how i got this far into a discussion about other os advertising as there actually wasn't any give me a sticker on the console or the box or a tv announcement and i'd agree with you but i don't consider stuff like siny's slogan for their time in the industry and a couple interviews to qualify as advertising for a major feature


Nope. I'd call you stupid for buying a console before the release of the peripheral you were seeking.

Once again, OtherOS was THERE. It had already released. Had this been a peripheral that Nintendo put on the market and took away later, I;d be equally as pissed.

Also, the whole advertising thing does come with conditions. One of those prohibits "misleading" but that's only on the case that, in terms of Kinect features, they never released a press statement that the features were taken away, so you bought it expecting those features to be included.

See how it works?



Fordy, do all of us a favor by fighting the "good fight" by suing Sony. Keep up posted, and let us know what happens.



o_O.Q said:

"just enforce more security measures on the online service?"

hackers can't find a way around that right?

wasn't the gaming network thought of as the best and most secure ( steam ) hacked just a short while ago?...

furthermore you're forgetting to mention that one of the issues involved here wasn't just PSN but also the exploits allowing for piracy that were spread by geohot, that is an unrelated issue to PSN that had to be dealt with


If you really believe that ANY system is hack-proof, you're living in a dreamland.

The rule is "nothing is hack-proof, but we can't make it a damn sight harder for them TO hack it"

Therefore, this whole defending trampling of personal property rights is moot in itself. You can bolt a system down as much as you want on both sides. It still wont be hack-proof. Sony could do a damn sight more in terms of server-side security, but they prefer to trample on personal property rights because it's cheaper. That's how the corporate machine works!

The spreading of the new firmware by geohot is a completely seperate case, but are you implying that without OtherOS, Geohotz firmware CAN'T be installed? I'm pretty sure all you need is a brand new PS3 and an IP entry in your hosts DNS resolution file on a PC. OtherOS is not needed, so disabling it is not going to stop anything.



kitler53 said:
fordy said:
kitler53 said:


you're jumping the gun by bring up piracy ... i haven't gone there.  the OS on the ps3 is IP and you have a license agreement with sony with regards to what you can do with it....and it ain't much.    and a ps3 isn't a PC -- you're license agreement with MS's windows isn't your license agreement with Sony's OS.  if you don't like it then do the proper consumer responsibility -- don't buy it.  that's what we called a free market.


Nice point there, but you're forgetting one thing.

What does the software reside on? Hardware.

The laws for software prohibit the MODIFICATION of software not owned by you, but it doesn't prevent anyone from reinstalling a completely new software on HARDWARE THAT THEY OWN.

I mean seriously, are you guys LOOKING for ways to let Sony control you? Sheesh...

Amazon was selling DRM free mp3 back when apple was still selling DRM'd song with license limits to the number of devises you could put those songs on.  sucks?  yeah.  illegal?  nope.  the only thing illegal is you can't modify those songs in any way to get around the protective DRM technology, that actually is illegal as you are violating your license agreement.

if you want to create a brand new OS ... by all means go ahead, i highly doubt sony would care either.  it is when you make modification to their OS to get around their security measures that they got all up in your face.  had geohot not found an exploit in the other OS feature to bypass their security you guys would still have it.  try to fuck with sony and they will fuck you back.  ...not that anyone will learn that lesson.

No. At the root of the matter we're still talking about circumventing DRM for the purposes of redistribution, which is not the case in homebrew cracking. That is merely the matter of hobbyists utilizing their private property as they see fit. Now, if they end up pirating materials because of that, it's on the rightful owner of the material to take action against them for that infraction, but Sony can't just take shortcuts in that matter. Not when consumer rights are at stake



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