gtabmx wrote:Hey everyone. I just signed up to discuss the real issue brought up in the subject line. I know most of us are just discussing workarounds right now, but I feel we have to discuss the real issue.
Effectively, Sony is forcing all current PS3 owners to choose between two features (OtherOS and PSN) that were both selling point for the console at the point of purchase.
Now, while the EULA does state that by updating our PS3s and using its online services, we agree to Sony's rules, but these companies keep forgetting that the EULA's are NOT above the law. I admit I am not an expert in consumer law, or any form of law, and nor do I have the time or patience to find and cite the exact line or phrasing that indicates that this behavior is illegal in the eyes of the law or other consumer Acts, but I know when something crosses the line. Sony might own its services and its firmwares, but surely there is a line that cannot be crossed.
What's next? Sony releases a new BluRay player next week and in order to boost sales, they release a PS3 update that prevents all PS3s from playing BluRays, so that more people have to go out and buy BluRay players? They can do that, and it would be the exact same situation as what we are facing now, just that many more people would be angry. This must be illegal and I intend on starting a class action lawsuit against Sony. I initially considered just bringing Sony to small claims court in hopes they don't show up so I can claim the cost of the console plus punitive damages, but I don't want this issue to get swept under the rug. Companies cannot keep doing this type of stuff and getting away with it. EULA's are not above law and there must be restrictions in what hardware/software companies can and cannot do to products that are fully owned by individual consumers.
I hope this message can be spread since I doubt I am the only one who is feeling this way. At least, some personal or community feedback would be nice.
Also, if there is anyone who lives in Canada that would like to join my case or at least discuss this issue on a more region specific level, I'd be happy to.
-Mike
As sympathetic to the emotions involved as I am unfortunately the laws within various nations are not nearly equivalent in any comparable way. There is not even agreement in the United Nations regarding what human rights are and how to protect them. Remember Rowanda?
My point is that there is little agreement regarding protections of consumers and what consumers can expect as valid services which is why the EULA of various corporations are written the way they are. Therefore if any consumer opens and utilizes a product they are agreeing to the EULA; if a consumer does not agree with the EULA then that consumer must return the product and s/he will have his money returned within weeks of the purchase of the product. If the product is online, then the consumer who doesn't agree may not use that service. That is the only way out of the EULA.
Can the EULA of a corporation be fought, maybe, but those who choose to do so must consider the time and finances necessary to contribute to such a fight. Is it worth it? It depends on what we are talking about, the PS3 is a game machine first and foremost. Yes, YDL allows it to be used as a computer, but time and technology has moved on and there are other computers designed for doing serious work, not games. There are people who want games only and that is why the market now exists so that desire is expressed nearly exclusively.
It's an expensive way to live to put so much power into time wasting activity but that's where the money is for corporations, not individuals. When the money runs out and people change their desire regarding what matters then the market demand will change into something else. In the meantime, although I appreciate the sentiments of those suffering a comparison of this terrible situation against what else is going on our planet is so commanding that it's pretty obvious that there are greater issues to put one's time and money into.