Sony Sued Over Do-Not-Sue Clause

[Guest]

It's not the updates that matter to Sony. You can update all day and night. The clause is for PSN network usage. If you want to use it, you can't sue them for it. It's a service they provide, and it's free unless you want to buy off their store that is. I can see how some people might dislike it, say it takes from their freedoms. I think it was a desperate move because so many people took a liking to sue Sony after the hacking of their system. Was it right? I am going to say I am neutral, I don't care if the clause is there or not. Heck I don't even prefer if it was there or not.

 

[internetlad]

The PC Gamers complain about the console gamers, and how they're ruining gaming.

The Console gamers complain about the Android and iOS Gamers, and how they're ruining gaming.

The Android and iOS gamers laughing about how anybody would spend 1200 dollars on a PC just to play angry birds.

And the circle of game continues.

 

[DaddyW123]

There are too many update though. When the PS3 was hacked to re-allow users to install Linux again, what was the first thing sony did? Forced another update to stop it. It wasn't a "security update". It was a "stop taking it upon yourselves to make our shit better" update.

I agree that any update that comes out for true security reasons is necessary - but come on. for a while it seemed like I was having to update my PS3 every time I turned it on.

I don't understand why corporations like Sony and Apple can just accept the fact that users who don't know how to hack are going to be very happy with whatever you give them, and to those who WANT to hack/customize their hardware, what harm is it causing? I don't blame the contractor that built my roof because I decided to jump off of it with a home made hang glider and broke my leg. Hacking your own equipment is at your own risk - just let it happen already.

 

[kashifme21]

[citation][nom]surfer1337dude[/nom]I dont really think it matters to be honest. The TOS aren't really a legal agreement, and the fact that a minor could have been the one who hit accept for all they know just show how much of a joke it is (since minors can not legally agree to contracts without parental consent and signing with/for them). Although I am glad that they are getting sued for. Maybe you should try playing a few console games before you try to bash it. It isnt the console companies that are making you pay for the DLC. The game publishers are the ones doing that, UT3 for the ps3 supported any community mod that people encoded for the ps3. You could even d/l it through the games interface or on the pc and use a usb drive to install it in the game. The reason consoles are so popular has to do with the high cost of PC parts to make a decent gaming machine. 130+ for a min. video card, 120+ for the min. cpu, and then you have to upgrade them once a year or if your luckier or spent more once every other year to keep up with the games. While this does give better results compared to a console, the price just becomes to much for most users (not to mention the consoles have a less hardcore group of people that make the games more enjoyable to play online) then there is the fact that its smaller and more convenient to have to just play when ever you feel like. So before you get all high and mighty, maybe you shouldn't talk out of your a** and get over the fact that your choice in gaming and shrunk in popularity and do what gaming is rlly ment for, having fun.[/citation]

First notice i said Mod support on all games. Console makers themselves dont want devs doing this because they would lose out on DLCs.

Second you have to be on some fine crack to say stuff like upgrading video cards every year. 8800GTX says hi, 4.5 years 8800GTX still plays most console ports at max settings at 1080p.

Console gaming is actually more expensive then PC gaming in the long run due to ridiculous prices on games. Check out the current sales on Steam. You dont get those prices on console. Paying more on every game bought adds up really quickly. Nevermind the fact as soon as a new shitbox roles out you lose out BC on every game you previously bought.

 

[surfer1337dude]

[citation][nom]dickcheney[/nom]He's right, the console ''gaming'' peons really at the root of the cancer that is killing hardcore gaming.[/citation]
So whats your reasoning behind that statement? The games are made for all of the platforms. No one is stopping any gamer from being a hardcore gamer. Leagues for the PC have pretty much dried up (like CAL), the reason has nothing to do with the consoles but rather the gamers. They have all decided to either stop gaming or go to consoles for their own personal reasons. You can not blame the consoles for exciting but rather each gamer for abandoning the PC. But if you truly think its the consoles then you have to also admit that they are superior since thats the reason gamers have gone to them (superior for reasons i stated before). I play on both PC and PS3, and prefer PC for reasons like graphics but the PS3 is much more convenient and I find is more enjoyable to play on because I can lay on my bed or couch, play with friends when they come over without them lugging a bunch of equipment over, plus I can play on a bigger display without having my keyboard/mouse having to be uncomfortably help (unless I want to move my coffee table which I dont because that is an inconvenience).

 

[back_by_demand]

[citation][nom]internetlad[/nom]The PC Gamers complain about the console gamers, and how they're ruining gaming.The Console gamers complain about the Android and iOS Gamers, and how they're ruining gaming.The Android and iOS gamers laughing about how anybody would spend 1200 dollars on a PC just to play angry birds.And the circle of game continues.[/citation]
And PC gamers that haven't spend $1200, more like $700 and have a top-whack spec from brand new, or maybe just $300 and upgraded their crappy old office beige box to a fancy gaming rig... are all laughing their asses off at everyone else, especially when Steam have special sales and you can get Dead Space for silly prices like $5

Happy days

 

[doubleaughtcode]

Hey...how do I get on board with this dude?

Oh, what...are you kidding me!!! If any of us that decided we wanted our PS3's updated...regardless of whether we were gonna play on the PSN... agreed no to WITH an update!!!

Ill give up my PSN access to join his cause ...,if more of us were to do so, the bigger the message!!! And lets face it, SNE needs to get their act together and remeber exactly WHO pays their bills, who pays their staff to develop the next coolest thing. However, one look at the ACTUAL Sony support forum (not the Playstation forum, thats ran by marketing so what support can one REALLY expect there!?!). Im dealing with the fact I spent $1500 on a Bravia but mine went down thru an update so they replaced it with a refurbished model. Now I got a TV that dont stand up straight, nor does the 3D converter work properly. Tried to get support and one of their agents felt content enough to FULLY make me wait for nothing. This was verified by hanging up and calling back to have an agent deal with my repair authorization in less than five minutes.

Lets not even talk about how youth users cant proactively stop illicit contact but must wait til damage is done and report it ...not with my children Sony, ask the XBox team about 'Block Non-Friend Messaging'. Iv been innodated with spam mail, chain mail, illicit URL's, and my own disbaled sister was asked to hook her camera up and send naked pics!!! WHAT THE FRAK!!!

Iv missed ya Sony but my aims gett'n better and better EVERY DANG'D DAY!!!

SOURCE: https://forum.sel.sony.com/viewtopic.php?f=32&t=11118

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[doubleaughtcode]

This is how you deal with companies like this ...hit em in their stocks with a big shot of honesty!

 

[surfer1337dude]

[citation][nom]kashifme21[/nom]First notice i said Mod support on all games. Console makers themselves dont want devs doing this because they would lose out on DLCs.Second you have to be on some fine crack to say stuff like upgrading video cards every year. 8800GTX says hi, 4.5 years 8800GTX still plays most console ports at max settings at 1080p.Console gaming is actually more expensive then PC gaming in the long run due to ridiculous prices on games. Check out the current sales on Steam. You dont get those prices on console. Paying more on every game bought adds up really quickly. Nevermind the fact as soon as a new shitbox roles out you lose out BC on every game you previously bought.[/citation]
Also notice that I said it is up to the publishers not the console makers. The people who produce the consoles have no reason to not allow devs to add mod support. The dlc can still be there considering that people have the choice of buying professionally made mods vs amateur ones (dont take that the wrong way since alot of the community does fantastic work). Also the console makers dont make as much as the devs/publishers on dlc. So again go complain about them being greedy.
Like I said in my orginal post, you have to upgrade every year or so UNLESS you spend more on the card. Also the 8800gtx is also missing support for newer technology (dx11, physx[?]) so while it can max the resolution on new games, you still dont get the graphical pleasure you would from a newer card.
As far as game prices goes big name games like MW3 are the same price on steam as it is for the consoles. Then most games are a $10 difference between pc and the consoles. There are other games that are much cheaper on steam that are either less known or older, but the PSN and Xbox live have the same setup. Then between ps3 and xbox 360 to their predecessors do have BC (at least with the 360 it depends on which games and with the ps3 it depends if you purchased a ps3 before the slims). Also the pc does have issues with older games as well.
A new console is between 300-500 usually, but lasts for 4-6 years between launches. In that time you either spend 300 on a video card that can last just as long or you buy 2-3 120-150 dollar cards. This isnt even considering the cpu (plus mobos if you change sockets).

 

[doubleaughtcode]

[citation][nom]back_by_demand[/nom]And PC gamers that haven't spend $1200, more like $700 and have a top-whack spec from brand new, or maybe just $300 and upgraded their crappy old office beige box to a fancy gaming rig... are all laughing their asses off at everyone else, especially when Steam have special sales and you can get Dead Space for silly prices like $5Happy days[/citation]

The biggest advatage one has with a PC is ACTUAL security. Firewalls, virus detection (and notice your AV scanner DOESNT just look for what we call a virus today, it loks at ALL viraltic behaivor), anti-malware, etc. The PS3's lack of ACTUAL security leaves ones ENTIRE home network from being attacked via the PS3 braodcast on your router ...THANKS FOR LETTING THEM WALK IN AND STEAL MY DATA OF EVERY DEVICE I OWN SONY!!!

 

[zakaron]

First off, I'm not defending the modification that Sony added to their EULA, but they do have a method to opt out of agreeing to this particular clause. It was posted at IGN some time ago... let me dig for a moment...

http://ps3.ign.com/articles/119/1195833p1.html

So they will likely use this as an "out", stating that they do offer customers a way to opt out if one wants to participate in any future lawsuits. But really, how many people know about this opt-out? Coincidence of how well hidden this is? Coincidence of the timing from that major outage?

As ojas stated above, Sony is not the first to do this. I mean from a business stand point, can you blame them? From a consumer standpoint I disagree because a company needs to be liable for damages their services (or lack there of) creates. They can't just say "oh I'm sorry your personal ID got stolen, but we're off the hook because we force you to agree not to hold us liable. Sucks to be you Mr/Mrs/Ms Consumer of our products, cause we already got your money".

 

[doubleaughtcode]

[citation][nom]ctbaars[/nom]+1 to Anonn.Drwho1, I agree, just like the government cant force you out of your house when the sumami is coming. and your survivors can't sue. You still use IE6 too?[/citation]
IF hes on a PS3 browser ..yup. Did you know that the PS3 uses IE6 protocols in its broadcast? Its why they cannot upgrade the browser as easy as we'de think. Like how you can remove Internet Explorer from windows EXCEPT for the IE$.dll file. Its essential to windows finctions such as update, media player, and a few other Windows ONLY files.

So, in effect, the PS3 is using an outdated and MUCH exploited protocol in its backbone. Thats why its so easy to exploit ..AND SONY KNOWS THIS!!! What The Frak!!!

 

[doubleaughtcode]

[citation][nom]captaincharisma[/nom]they force you to take the update because it is the most secure version of the firmware. they do this because they want to keep there network as secure as possible. now would you want a computer with tons of backdoors and exploits on your home network? i think not[/citation]

They force us to update because of marketing. Notice no REAL feautres customers ask for have been added but only marketing type updates such as FB, Music/Video Unlimited, etc. My XMB has changed with no real change just so I notice more pay-per-use content. The ONLY security they are interested in is piracy protection.

The PS3 is a HUGE whole in anyones network, especially as they want you to place it in the DMZ of your router ...which removes ALL network transport from being monitored by your routers firewall.

...and can you beleive Im still one of the PS3's biggest FAN-MAN!!! Now Sony (Sony Corp, SCEA, SCEI, SCEU), thats a different story.

 

[doubleaughtcode]

[citation][nom]zakaron[/nom]First off, I'm not defending the modification that Sony added to their EULA, but they do have a method to opt out of agreeing to this particular clause. It was posted at IGN some time ago... let me dig for a moment...http://ps3.ign.com/articles/119/1195833p1.htmlSo they will likely use this as an "out", stating that they do offer customers a way to opt out if one wants to participate in any future lawsuits. But really, how many people know about this opt-out? Coincidence of how well hidden this is? Coincidence of the timing from that major outage? As ojas stated above, Sony is not the first to do this. I mean from a business stand point, can you blame them? From a consumer standpoint I disagree because a company needs to be liable for damages their services (or lack there of) creates. They can't just say "oh I'm sorry your personal ID got stolen, but we're off the hook because we force you to agree not to hold us liable. Sucks to be you Mr/Mrs/Ms Consumer of our products, cause we already got your money".[/citation]

Actually, you will loose some parts of the PSN if you choose this method. Thats what they DONT want you to know. Itsd in the EULA as well. Basically, if you send in a letter you will pretty much only be able to get you DLC, spend more money, and update. You WILL loose online gaming functionality.

 

[richboyliang]

Oh, the irony.

 

[g-unit1111]

Terms of sale fail?

 

[Christopher1]

[citation][nom]Goldengoose[/nom]I'm glad something is being done about this. I remember the article coming out regarding the change in T&C's and people were not happy.Some companies think they can get away with anything.[/citation]

Yes, they do. Unfortunately for Sony, most states in the U.S. have made those forced arbitration things illegal and guaranteed a person's right to sue if they do not like the arbitration decision.

Really, the federal government needs to step in and make these parts of T&C's illegal for good, because they are part of interstate commerce (justification for the idiots who think that Congress actually needs one).

 

[alidan]

[citation][nom]ojas[/nom]Did you know that EA has this "no one can file a class-action against us" clause too? They had this in their various EULAs before sony did, but everyone was too focused on the "origin is spyware" part of the story.[/citation]

but thats for a game, not to even use the system in some cases

im not reading all the comments, but someone thinks this is a frivolous lawsuit somewhere,

the only way to get anything from a corporation is to kick them in the wallets. there is no letter writing campaign there is no diplomacy, no you have to kick them square in the wallet to even get minimal attention.

 

[sykozis]

[citation][nom]LuckyDucky7[/nom]It's about time something gets done about this. I hope the courts make an example of them, to discourage other companies from trying to exert undue control over consumers.Of course... it IS Sony, after all.[/citation]
AT&T added the same BS to their cellphone contracts.... Given that this is a voluntary service that's not required to use your playstation, I wouldn't expect much more than a slap on the wrist for Sony.

 

[mrmike_49]

[citation][nom]captaincharisma[/nom]i bet Sony is going to sue over the suing of the "do not sue" clause they are suing over[/citation]
just file a counter-suit!!