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Sony Introduces New Terms of Service and User Agreement

With the PS3 Firmware 3.30 update, Sony has introduced a new Terms Of Service and User Agreement - Version 6.0 (April 21, 2010).

The most interesting is paragraph 11, to cite:

11. MAINTENANCE AND UPGRADES...

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arakouftaian3037d ago

Did not read what it was
F$&@" Sony, they are saying that I may lose my save data games
from one of their updates and that hey are not rwsponsable for it F$&@@ no

soulraver3037d ago

They are just protecting them self's legally, it does not mean they are going to release updates that are going to delete your save game data calm down

GrieverSoul3037d ago

Thats speculation.
Savegames would create a stir in the community since some of them are copy protected and thus no backup is possible. However, they are covering some base in the future. I have a feeling that SONY saw some troubling advance ih the hackers community towards their goal to f*** SONY and start pirating the games. So what does SONY do? Their remove the OtherOS since that was the base from where the hackers were building their plans. And now, with this new TOA, if a file on your PS3 is suspicious or not in order, the update can kill it by erasing it and thus preventing "the hacker" from further hack the system.

They are covering their bases. Some people might not know this but the PS2 is the most succecfull console to date but it suffered TREMENDOUSLY with piracy. That was a motivating factor for some people to buy one. I have at least 5 friends who had a PS2 and never bought a single game. They only bought the modchip and started downloading and burning the games on dvds. Event though the PS2 was a success, piracy must of taken more than 50% software sales per title.

nix3037d ago

i guess anything will ever matter.

SaiyanFury3037d ago

SCE America is based in a country where pretty much everyone needs to cover their collective asses to prevent lawsuits. It's the same as you being responsible for backing up your own data on your PC. If your computer crashes due to an HDD crash, you can't exactly blame the HDD manufacturer because of your own failure to backup your data. Sure the company that made your HDD might have made a lousy drive, on that ground you can RMA your drive, and they will typically replace it free of charge. But it's up to you to backup your own data, it's not on them. The HDD producer is only a producer of a product that you choose to store your data on, they're not responsible for the data you store on it.

commodore643037d ago

"Such content may include automatic updates or upgrades which may change your current operating system, cause a loss of data or content or cause a loss of functionalities or utilities."

SO SOny reserves the right to do whatever they feel is necessary, without consulting me, on the equipment I paid for, and if they stuff it up and lose my data... they take no responsibility?

For heaven's sake.
This is the absolute shameful pits, Sony!

I understand you gotta cover your legal options against lawsuits, but this is ridiculous.

Shame, Sony, shame.

nix3037d ago

read comment #6. IT WAS ALREADY IN THE OLD ToS.

and please don't buy one or sell the one you have if it hurts you that badly. thank you.

duplissi3037d ago

@GrieverSoul

actually if you use a usb drive and you run the backup utility copy protected saves are backed up - but you can only restore copy protected saves to the system where they originated

Christopher3037d ago

Uh... that has always been in the agreement. The only difference now is they specified further on the type of data they're not responsible for.

Microsoft says pretty much the same thing in their ToS, only it's spread out over sections 18-20.

phosphor1123037d ago

I noticed the new EULA version update (1.4) so I gave it a read. They are really covering their asses with their latest one, and I don't blame them. It's smart from a corporate standpoint, and even on a consumer level.

IdleLeeSiuLung3037d ago

I'm not sure how that is good on a consumer level when a company protects itself? The only exception is when they are too big/important to fail.

When a company protects itself it takes away the rights of the consumer. Although the company is rightly so and justified, there is no way that is good for consumers.

I never really read ToS, because they can practically say whatever they want and you really got no choice, but to agree.

Christopher3037d ago

The concept is that by preventing the consumer from easily suing them, they protect the services they are able to provide to the consumer base as a whole. It's primarily to protect themselves, but the end result is the ability to continue delivering to the consumers.

Without this verbiage, Sony and Microsoft would be nothing inside of a month following all the lawsuits. I'd rather have a Sony and Microsoft that protect themselves from outlandish lawsuits and have a goal of providing customer-oriented services/goods rather than not having them altogether.

Anon19743037d ago

I pointed out before that the 360 user agreement said the exact same thing that Sony's agreement now states, that they can update your console and add or remove any features they want, at any time without your consent. Have a read through the 360 agreement sometime.

Sony's agreement before didn't have the "without your consent" part like the 360 agreement has always had.

Again, people make way to much about this. We've been living with these user agreements on all our software, among other things, for decades now. If you don't agree, no one is holding a gun to your head and forcing you to buy these products.

I imagine the people who are voicing their concern regarding these agreements are also as equally outraged at MS's use of them.

Actually, probably not. :)

arakouftaian3037d ago

For saying that this is not good for me the loyal fan
I'm sure Sony is afraid of this last month I got my 3 YOLD
and I ask the guy if I can get a discount or anything free
because I also lost for the 3 time m one year saves files
and he told me I have to backup my save datas
and I told him that how if this YOLD thing happens from nowere
and plus some exclusive games can't be backup
and he offer me a free game
he name me Kllzone LBP and few other exclusives and old games
I chouse INfamous a great game btw.
And know this BS , Sony is making hard for me to buy
a secound PS3 everytime. See bs like this

The Maxx3037d ago

I find it rather odd that in order to read the ToS, you must have first purchased the product...so...if you do choose not to agree with the ToS, it better be within the time frame that you are able to return the product.

Dee_913037d ago

trying to find the article :\

FamilyGuy3037d ago

*backs up save files*

I'd be pissed to loose even a days worth of what's been saved from game play, if i were to loose whole file or even worse ALL my save files i'd probably quit gaming...

PirateThom3037d ago (Edited 3037d ago )

@ The Maxx

PS3 terms and conditions:

http://www.scei.co.jp/ps3-e...

PSN terms and conditions:

http://uk.playstation.com/l...

JL3037d ago

Seriously people. Don't take people's words for things. This site clearly needs to do their research before flaming things up. I present to you the evidence:
http://us.playstation.com/s...

This is the ToS (version 4.0) published way back in October of 2008. Read section 11 of it, then read section 11 of the "new ToS" and you'll see that the old included that "loss of data" thing too. In fact, read the entirety of Section 11 from both the old and the new ToS and you'll see that they are the exact same. Word for word.

Rhythmattic3037d ago

commodore64

Like this matters to you. You state that you only use your PS3 as a Blu-Ray Player.

http://www.n4g.com/NewsCom-...

Nuff Said.

3036d ago
The Maxx3036d ago (Edited 3036d ago )

You think the average consumer is going to go online to look up the ToS before they go and purchase a 360 or PS3?

NOBODY has EVER read the online ToS first before they went out and purchased the PS3 or 360. And if they say they have....you are full of sh1t.

PirateThom3036d ago

Completely irrelevent.

They're available to read before you buy the product, you claimed they weren't. If people don't read them before hand, who's fault is that?

The Maxx3033d ago (Edited 3033d ago )

And what if the consumer doesn't have access to the internet? Are there anything written where a consumer can read the ToS? To assume ALL consumers that own a PS3 all have internet is rather narrow minded....

+ Show (20) more repliesLast reply 3033d ago
THC CELL3037d ago

keep up with good work sony

labwarrior3037d ago

As if the one hour lasting constant updates were not enough ...

GrieverSoul3037d ago

Dude, i dont know were you live but these updates take like 5 minutes. From downloading to install.

I ususally get home knowing there´s an update available (internet at work), I turn on my PS3, start the download and go do the things we do when we get home. By the time my chores are done, my PS3 is ready to go!

MaximusPrime3037d ago

5-10 mins for me to download updates. Im satified

tinybigman3037d ago

Where exactly do you live and who's your internet provider for your updates to take up to an hr?

TurboBlevi3037d ago

People need to realize that this doesn't mean Sony will be forcefully releasing updates that will do anything they're protecting themselves from. It's just a safety precaution. If you don't believe me, look at any other product existing in this world at this very moment.

It's called being a smart businessman.

And personally, I think if you don't back-up your save files, no matter what console, or PC, you are using, you're asking to lose it all. That's common sense in the electronic world. Back-up important files because EVERY single "computer" (Wii, PS3, Xbox360, PC, Mac) is destined to have problems, and you WILL lose everything.

So I don't believe Sony, or any company, should be held accountable for your blunder.

duplissi3037d ago

sigh.....

use the backup and restore utility.... you will find that your precious copy protected save survive the trip. i know this because i upgraded my harddrive and all my copy protected saves were restored on my 500gb drive, but it needs to be the same system.

MRMagoo1233037d ago

yes ppl somehow keep forgetting that u can backup all saves even protected ones.