Sony's newest EULA allows them to forcefully update your PS3 firmware.

Taking a closer look at Sony's 1770 word EULA, it is revealed that Sony has given themselves the right to update your PS3 firmware automatically, without your consent.

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-Alpha2884d ago (Edited 2884d ago )

*Disconnects Internet*

No it doesn't.

Blaze9292884d ago

^rofl Aplha

lol it's funny. I kind of figured they would do something like that so since the 3.21 update I disconnected my PS3 from the internet. No doubt they'll start putting updates on game discs now like the PSP.

I'm just interested to see where this custom firmware thing goes with the PS3 so figured I'd wait it out and not upgrade. Not really bothered by being offline. If it turns out to be whack and just adds other OS then I'll update officially. If it's actually a kick ass CFW that releases then I'm all over it.

Nitrowolf22883d ago

Blaze they have been putting updates on disc ever since the PS3 released.

Blaze9292883d ago

Really? I guess I never noticed because I always updated. Thought it would be like the PSP where you see two sections under game: the game and the update of either you could click.

So I guess it's hidden and notifies you as the game boots you need to update?

Nitrowolf22883d ago

yup, this was when i didn't have an internet as soon as you boot the game your promt to update, deny and it quits out of the game.

WildArmed2883d ago

As Nightwolf said, I remember getting a new ps3 and booting up Resistance i think, it prompted to update. Gladly did. Didn't bother making a psn account till a week or two later.
I really wasn't into the online gaming other than my PC.

But the 360 and ps3 have definitely changed that.
The only online console game i've played b4 that was SOCOM on ps2.

DJexs2883d ago

Thank god I was getting tired of doing it manually

lociefer2883d ago

Playstation doomed article in 5

Greywulf2883d ago

Thats it..

im selling my ps3.. For nothing. Who wants a Free ps3?

commodore642883d ago

Yeah it's so sad that it has come to this.

Sony now has the ability to come into my home and change settings and software on my property, without my consent, without my knowledge.

Worst of all, Sony will NOT take responsibility for any damage they do to my files, or even outright data loss.

Realistically, Sony should have addressed this with software security.
Removing features is such a lazy solution.
In addition, Sony has removed the sovereignty of any ps3 owner.

Fact is, you have no control over your system anymore.
Sony will do what they want on your equipment, when they want, without telling you.

At the very least, they should take responsibility for damaging data.
Yet, they don't.
If they break it, somehow, it's your fault.

No one sees a problem with that?

UnSelf2883d ago (Edited 2883d ago )

use lube plz

Genesis52883d ago (Edited 2883d ago )

If you bought your PS3 to play games and watch BR movies legally. You have nothing to worry about. If you're a scammer, you've got problems.

DaTruth2883d ago

You can't even play Uncharted 2 without Firmware 3.15 or higher. That was the update that freed up the extra ram. Could you imagine playing a game with 90MB of ram missing?

Disclaimer: Not sure of the actual Firmware number or MB of freed up ram.

ActionBastard2883d ago

Check the EULA to...ANYTHING. This is not a new practice, nor is it going away. But by all means, blame Sony. The are the root cause, right? Right?

IdleLeeSiuLung2883d ago (Edited 2883d ago )

Those types of clauses are usually there to protect the company and is often written very broadly. Often times it unenforceable due to laws, but is snuck in the hope that:

a) the user will read the ToS and assume that they have no right to complain (although it might be otherwise under their country laws)

b) to be tested in a court of law in case the company can still get away with it

This applies to almost any company and any EULA, so it is technically fine that it is there since we all have accepted it all along. That still doesn't mean that the EULA is enforceable in full.

I think in the end as a consumer you have the power to be upset and make a big stink that will cost Sony a lot more in the long run in a variety of ways. That is why, I'm saddened that Sony fans have basically set a precedent that it is fine to remove features from a console in the name of security, when there is no real threat. Even if there is a threat, it shouldn't be the consumers that bear the loss.

What if Sony one day found out that people were pirating games over the USB port and thus disabled it for all users? What about if they removed the ability to read recorded Blu-Ray or DVD discs because you can pirate games with them?

This "Other OS" removal is no different except it affects fewer users! By not accepting the update, you are not only limited from using PSN, but also to play future PS3 games.

The machine essentially is no longer fit for the two purposes advertised at the time of purchase:

1. Play all PS3 games (PSN is a service, so they can modify features at will)

2. Use "Other OS" feature

People keep thinking that by not updating, you will be fine... reality is you can no longer play future PS3 games!

Consumers are clearly being stepped on all over by Sony!!!

badz1492883d ago (Edited 2883d ago )

yeah, that will lure lots of hits for sure especially here on N4G! I prefer the word "automatic" updates! which, for a legitimate consumer like me, is good! this has nothing over propriety hardwares like on the other console! so, for those who are complaining/whining, WTH is wrong with u guys? if you've been playing online on your PS3 for all these times, your PS3 is 100% updated and this is the same fvcking updates just automatically applied! - you know, so you can keep connecting your PS3 online and play online for FREE! this is not a problem at all except for those pesky pirates and those sheeps waiting for Geohot to come out with CFW! - good luck with THAT!

@above me..

that's one hell of absurd logic of yours! you keep saying "what if..." "what if...", "what if..." like it's the truth but removal of other OS has nothing to do with this!

imagine if you have a bank with an extra door for just for observation. and then some prick is using that extra door to plan a robbery! as the bank owner, you then know about the robbery plan! so, you have 2 options;

1. keep the extra door but tightens security!
2. seal that extra door completely! - or turn it into a wall!

any smart men will choose the 2nd option! it's more effective and easy and cheap! it might piss some people off but hey, who's planning on robbing? you wanna keep your property safe, right?

how much longer you wanna rub this removal of other OS issue to people's face? it's done and it won't come back ever again but life and gaming goes on! keep hating, the others will just updates and keep playing games!

presto7172883d ago

I just stick with the official so I can jump on PSN whenever I want. I'm not bothered by sony adding stuff.

2883d ago
IdleLeeSiuLung2883d ago

Well adding stuff is all fine, but are you worried Sony will remove stuff?

After all, they have done it once with the "Other OS"....

Darkstorn2883d ago

Sony is a corporation. They care nothing about your 'petty' inconveniences, they're simply in it to make money.

And they absolutely have a right to fiddle with your 'property.' It's in the user agreement. You should READ it.

livinwitbias2883d ago

Who the hell said anything about the 360. Why is it whenever something negative comes up about the PS3 you fanboys always have to run some sort of irrelevant 360 parallel?

ArmrdChaos2883d ago (Edited 2883d ago )

If this was a Microsoft related article it would have lit up like a roman candle...EVIL MS...M$ Jerks...How dare they...blah blah blah. Yet Sony pulls something like this and we make excuses, deflect, call out trolling. You call one evil then you call BOTH evil cause as it was said earlier...they are both corporations looking for their next dollar. If you didn't have a dollar in your pocket they wouldn't give a damn about you...plain and simple. I think there are too many around here that treat these companies like surrogate parents...snap out of it.

Anon19742883d ago

It's not uncommon, when making an argument to site other examples.

We have plenty of examples of User Agreements like the one Sony has that no one has a problem with, but suddenly we're to believe it's an issue because it inconvenienced a select few? If you didn't like the user agreement, you shouldn't have agreed to it. If you didn't read the contract before you acknowledged your consent, who's fault is that?

And I'd like to think that if I'm a fanboy of anything (nice namecalling, by the way. You must be a hit at recess) I'm a fanboy of common sense. I own and game on both platforms (Gamertag's DarkrideHex66, say hi sometime). This has nothing to do with console loyalty or defending one company or another and has everything to do with people shouldn't use ignorance as an excuse for something. If you can't abide by the terms and conditions as outlined by these agreements, don't agree to them. No one is holding a gun to your head, but you're not going to get very far without consenting to these types of agreements.

My guess is you've already consented to this exact type of agreement already if you're using a PC with Windows to read these messages.

Seriously, I can't figure out you guys. A company moves to secure their service to protect themselves and their consumers from pirates, hackers and credit card thieves, thusly bringing their agreement more in line with what is already common in the industry and you'd think they just said they could come over and kick your dog at any time of the day. Reality checks are needed all around here.

BYE2883d ago (Edited 2883d ago )

I actually would welcome them to do that automatically in a background process...without asking and confirming.

That way I wouldn't have to worry about updating anymore, I just wanna use the console for what it's meant for.

Prototype2883d ago


I agree 100% with you say, and one thing I learned on N4G common sense is an automatic bad thing here. After the whole SSF4 fiasco I'm looking for another site, this is getting stupid.

TreMillz2883d ago

GeoHotz, seriously, how some of you defend him and bash Sony for trying to protect PS3 from piracy is beyond me.

commodore642883d ago (Edited 2883d ago )

I simply don't understand some of the simple minded Sony defenders on this site.

Sony has NOT given its users as choice in this matter.
One MUST update the console, otherwise it becomes practically unusable.

After the update, SOny does NOT give the option of whether one would like to install updates.
After the update, Sony does not give ANY options at all.
After the update, Sony does whatever they feel like.

Unfortunately, the Windows analogy is wholly inappropriate.
In fact, Windows retains ALL the freedoms that Sony has removed.
That is the crux of the whole debate!

MS does NOT install Windows updates without your express permission.
MS allows the user to retain the control over their entire operating system and what updates to run, or not.
MS does not mess with ANYTHING on your computer, unless you give them permission.
Most importantly, MS allows the user to REVERSE that permission, if the user so chooses.

Sony does not do that on the ps3.
That's what this is all about.

This ain't rocket science, and quite logical.
It seems so incredible that some users defend anything Sony with the most flawed analogies and metaphors one can imagine.

Dear god.
Are people really that stupid?

cayal2883d ago

"Sony now has the ability to come into my home and change settings and software on my property, without my consent, without my knowledge. "

If you had a PS3 you might have a valid point.

commodore642883d ago

@ cayal

I do have a ps3 and yes, thankyou, my point is very valid indeed!

JL2883d ago

What is with every site trying to wring anything and everything they can out of this "new ToS" stuff? What's funny, is none of them are right and they look like absolute idiots because they keep failing to do their research. Watch this. I present to you the "new" section they talk about:
"From time to time, SCE may provide updates, upgrades or services to your PS3™ system to ensure it is functioning properly in accordance with SCE guidelines or provide you with new offerings. [b]Some services may be provided automatically without notice when you are online[/b], and others may be available to you through SCE's online network or authorized channels. 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. Additionally, you may not be able to view your own content if it includes or displays content that is protected by authentication technology. Some services may change your current settings, cause a loss of data or content, or cause some loss of functionality. It is recommended that you regularly back up any data on the hard disk that is of a type that can be backed up."

Now.....I present to you the old ToS ( -you'll notice the date at the start of the ToS that says it's version 4.0 from October 2008):
"From time to time, it may become necessary for SCEA to provide certain content to you to ensure that PSN and content offered through PSN, your PLAYSTATION®3 computer entertainment system, the PSP® (PlayStation®Portable) system or other SCEA-authorized hardware is functioning properly in accordance with SCEA guidelines. [b]Some content may be provided automatically without notice when you sign into PSN[/b]. 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."

Well I'll be. Look at that. Even the old one says "automatic updates". Not "forceful". So...yet another site making up their own crap to try to get hits. Bad journalism. Old news turned into new conspiracies. Y'all really are mad at Sony for being top dogs huh.

By the way people, why does "automatic" necessarily have to be bad? How about they probably make it automatic just so they can improve the system but your console doesn't become non-functional due to you not updating? For instance, like somebody mentioned before the whole freed up RAM issue. Without that update you wouldn't be able to play games that have or will take advantage of that. Or when they add another universal feature, for instance custom soundtracks, then games won't act right on your system when developers implement that feature into their games if you weren't made to update to that firmware update (like devs ever use that feature though lol). And so on and so on. Automatic updates just ensure you stay up to date with the important things (and yes, so they can also help to try to prevent piracy). Get over it people, not EVERYTHING has to be twisted and spun to make it like Sony has evil intentions in everything they do. Christ you people are desperate.

vhero2883d ago

Who cares?? As long as I can play games on my PS3 and continue to download DLC and stream I really don't care that's what I bought it for and that's why I continue to use it. Some people care too much about the little things.

Hill_billy2883d ago

Quoted for truth.

People, as long as you are connected to the internet or play games on your console, companies can do this. Even the 360 won't let you play online games unless you have the most recent update running. Updates have come on discs since the 360 was released and have been on PS3 and 360 games ever since.

In the end, if you play games and watch BD movies legit then you have nothing to fear. It's not like they are coming into your home and violating you nor are they playing big brother. They are simply helping to prevent piracy and I am all for it. Piracy hurts us all in so many ways and I can't understand why people just don't get it.

badz1492883d ago

even if you do have a PS3, doesn't make your flawed comparison by any mean valid! comparing a close platform to a PC is valid? come on! make some sense please!

Sez 2883d ago

Haven't turn on my ps3 since I finished GoW3. I have no intention on turning it back on since they don't have anything of interest to me. So F#%€ Sony and their update. Can't wait for the custom firmware.

llMurcielagoll2883d ago

I thought the same exact thing when I started reading the article Alpha lol.

On the bright side now I don't have to manually check for updates every time the notification comes up.

+ Show (31) more repliesLast reply 2883d ago
jack who2883d ago (Edited 2883d ago )

even if your ps3 isnt hooked up too the Internet if you buy a new game that needs a new firmware,it comes packaged with the game.

The_Beast2883d ago

they can still get the features yet to come.

zag2883d ago

Easy to get around just buy another PS3

I'm going to do that myself.

unrealgamer582883d ago

oh noooooooooooeeeeeeeeesssssssss

-Ikon-2883d ago

95% of you update right away anyways, saves you time stop your *itchin

sikbeta2883d ago

But...but my LINøøZX on da otha OS Featurez, I can't usez da LinøøZx even IF I DON'T KNOW How to USE The [TERMINAL]

Ubuntu FTW, but this time I don't give a Fµck about Linux on The PS3...