I was fascinated by Sony’s recent statement on PlayStation 3 circumvention and piracy. Game piracy has been a problem for the business for decades, but hardware hacking has risen thanks to the Internet. I’m getting ahead of myself though. Check out Sony’s statement if you haven’t read it already:
Notice: Unauthorized circumvention devices for the PlayStation 3 system have been recently released by hackers. These devices permit the use of unauthorized or pirated software. Use of such devices or software violates the terms of the “System Software License Agreement for the PlayStation 3 System” and the “Terms of Services and User Agreement” for the PlayStation Network/Qriocity and its Community Code of Conduct provisions. Violation of the System Software Licence Agreement for the PlayStation 3 System invalidates the consumer guarantee for that system. In addition, copying or playing pirated software is a violation of International Copyright Laws. Consumers using circumvention devices or running unauthorized or pirated software will have access to the PlayStation Network and access to Qriocity services through PlayStation 3 system terminated permanently.
To avoid this, consumers must immediately cease use and remove all circumvention devices and delete all unauthorized or pirated software from their PlayStation 3 systems.
On paper, Sony is right. PS3 owners have agreed to Sony’s licensing agreement and terms of service. That said, there are some people that believe they are entitled to do whatever the hell they want with the hardware they bought. Sony disagrees and has pursued legal action against PS3 jailbreakers.
I know a few of you are peeved by Sony’s policy and have sworn off future Sony purchases, but I wanted to get more opinions on the matter. How do you feel about Sony’s statement? Are you less likely to by a Sony product in the future because of the company’s stance? Or do you not care at all?
My question going forward then is how are they going to feel about someone rooting their other devices (namely cells) and removing their OEM skins and putting unsigned software on them? DMCA is nice and all but it was conceived by the Entertainment Industry and some politicos who had no clue as to what they were doing.
Yes on paper we have to agree with them because if we have a PS3 then we have signed a terms and agreement statement. However I do disagree with whether this should be right or not. That's like buying a car and than in order to use the car you must sign a statement saying that you will not modify any part of the car except for the manufacturers recommended upgrades. So no new stereo, speakers, better spark plugs, exhaust, different seats, etc. Once I purchase a car if I so choose I am able to change things on it. A PS3 is similar in my mind, but for some reason Sony feels that they have a right to place limitations on what the user can do.
I disagree with that.
I didn't sign anything saying I can't mod my PS3 and use it off of the PSN.
You didn't physically sign anything, but you selected that you agree to Sony's terms of service, which is a digital agreement. You renewed that agreement every time you installed new firmware.
@Ray
And if you never install said software?
Trust me I understand about contracts and such. If you have the machine and it's not on PSN, you should be free to do what you will.
You agree to the TOS the first time your turn the PS3 on. You renew the agreement every time new firmware is installed.
It doesn't matter what you "should" be free to do because of how Sony worded the TOS. That's their claim. It might be a dumb what to treat its customers, but it seems literally "right".
@Ray
I don't remember an EULA when I first turned it on. I do remember a TOS for PSN though.
Really though…the machine plays movies, surfs the internet, streams all kinds of media, etc. It seems to be a commodity device like a PC. I don't understand how tampering with the machine can be something they can nail someone on.
Compromising the PSN is a whole different issue though. I understand their angle on that regard. In fact, they are right for banning S/N or accounts.
I agree with you in principle, but Sony appears to be right on paper. Unless a judge deems otherwise, they appear to be legally correct.
I am by no means very well informed about what the terms of service and user agreements are for PS3 owners, so perhaps there is something in there that does cover them legally. But I think that is one of the more compelling comparisons I have read concerning this subject for why Sony should be wrong.
When it comes to pirated software, by law it's theft. So it's hard to argue their stance on that because you're basically saying "the law is bad." So be it, it's the law and while it's the law companies have aright to protect their intellectual property. Mods that allow for the playing of pirated software assumes that there was theft involved, so to me the stance makes sense.
Wouldn't it be better if they proved you were doing malicious activities as opposed to just installing the full game on your HDD instead of swapping discs?
Assuming you are a malcontent is a pretty big assumption.
If you're using a mod that specifically allows you to play pirated games (as the letter above seems to be referencing), then it's not that big an assumption. It is the core purpose of the device in question.
@Nightshade
The jailbreak in question is for a commodity level device. It can do more than play pirated games. I don't think you should be able to interface with PSN though. So I don't mind them banning said jailbreakers from "their" network.
The core use the jailbreak is to play pirated games. What's the difference from illegally playing a pirated game and illegally playing a pirated game online? Either way it's still pirated. And piracy, no mater how "yada yada" gamers tend to look at such things is still illegal. I really feel no sympathy for anyone using a jailbreak who gets their machine banned or worse.
There is a small percentage of users that jailbreak to get Linux functionality back. They're being unfairly punished.
I understand that Ray. But they're using a device that allows for piracy. That's like saying "sure I'm speeding, but I'm doing it because I'm late for a meeting." The officer that pulls you over doesn't care. And if that's the risk they chose to take, I feel no sympathy. They went in knowing what the jailbreak's core functionality was for.
I don't think your example is comparable. Linux on PS3 was a feature that was touted for years and Sony inexplicably took it away. For a very small amount of PS3 owners, Sony made the product they bought less functional. Is it wrong to want the functionality that you originally paid for?
No it's not wrong to want the functionality back. It's foolish to use something meant for piracy to get it back and then complain when the company does something about it. If you're honestly just using it for Linux, then you still have to be aware of the jailbreak's other illegal applications and prepared to face the consequences. Thus I have no sympathy.
the pirates ruin things for everyone, whether it be linux functionality or pittsburgh sports
sony has to do what it has to do
Took them long enough to do half of what I said they should do. Now they just need to drop all this legal nonsense, because the ones they are trying to sue aren't the ones who are most likely to misuse the hack. Banning you from PSN is within their right as it is a private network. If you hack the console and get banned, then you had better figure out how to play your PS3 games on a different network.
I understand both sides in the matter.