SCEA Injects Strict Updates Into PSN User Agreement

Everything is receiving an upgrade these days, and that includes the terms of service for PlayStation Network members.

Last week, SCEA sent out the legal amendments to the user agreements we all signed electronically some time ago, and you had to agree if you wished to remain a user. First on the list and according to GameSpot, we find a number of "new provisions dealing with player privacy and user-created content." Now, players are not allowed to tell anyone their real names or "any other personally identifying information." However, at the same time, Sony still holds the right to share personal information with third parties for the intended purpose of "providing access to PSN content." Oh, and here's a big one- you now give Sony permission to "monitor and record" all your activities when logged in to the Network, and if necessary, they can turn over your user ID and IP address to "the appropriate authorities." All of this is understandable for the most part, but the next bit may upset a few people who suffered "bricked" systems due to damaged firmware updates.

According to the new agreement, Sony will no longer be liable for any damage incurred from a downloading content or automatic updates and upgrades. Because of this, they "recommend that your regularly back up any data located on the hard disk." This may cause some people to be a bit more cautious about downloading updates, but then again...there isn't much you can do about it. Such is the way of big business, fellow gamers.

10/20/2008 Ben Dutka

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Comments (51 posts)

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LightShow
Monday, October 20, 2008 @ 10:23:26 PM
Reply

now see, i thought i would AVOID being screwed by the company i buy from when i got a PS3.

Just goes to show, these days its not a matter of if, but when...

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Advent Child
Monday, October 20, 2008 @ 10:47:15 PM
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Yea I was reading through all the updates and found out that you aren't allowed to tell people your real name or give them contact info at all on the PSN. Kinda strange...

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Zapix
Tuesday, October 21, 2008 @ 4:49:25 AM

So like, does that mean I should get my name legally changed because some of my real world friends know not only my name and address, but my PS3 user name?!? Oh noes!

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MetalHead09
Wednesday, October 22, 2008 @ 11:13:21 AM

iut is pretty strange but i dont go by that rule and wont cause some of my friends on socom and fellow clan mates know my name and phone number and we keep in touch even when were not playing socom and it really helps. how would they monitor something like that anyway??

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Zaben
Monday, October 20, 2008 @ 10:51:39 PM
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Sadly, you seem to be right LightShow.

Data doesn't concern me NEARLY as much as the $400 system I have that they no longer will fix/replace when they are the ones who provided the update that caused the system failure... I've already had to replace my system once...

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Joema
Monday, October 20, 2008 @ 11:06:15 PM
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i think they have learned there lesson with the bricked systems so this *shouldn't* really be an issue

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LunaticFringe
Monday, October 20, 2008 @ 11:30:15 PM
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what's the easiest way to back up a ps3? can you use a portable hard drive? I heard there were formatting issues with those..but i don't know..never had to worry about backing it up.

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whooka
Tuesday, October 21, 2008 @ 6:35:24 AM

As someone who has had a system bricked by an update I learned a tough lesson that you want to keep your PS3 backups to 'individual file backups' as opposed to using the 'backup system' option. The reason being if/when your PS3 gets bricked by an update or if you have to send it in for some other type of repair there's a good possibility they will send you a refurbished/replacement console (not your original console). That's what I received back from them and when I went to restore my full system backup with all my saved games, Rock Band DLC, etc, I was informed by the console that you can only restore a full system backup to the same console meaning my backup was now useless no fault of mine. I lost my saved games, etc, which was the worst part. Fortunately if you remember your PSN User ID info you can fairly easily d/l everything you purchased but the whole thing was still annoying since it was all caused by Sony as opposed to myself.

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WorldEndsWithMe
Monday, October 20, 2008 @ 11:38:25 PM
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I am concerned about all this, if they trash my system they aren't responsible, and they reserve the right to sell my info and spy on me? Sounds a bit more like a Microsoft tactic than Sony.

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Joe_III
Tuesday, October 21, 2008 @ 10:38:59 AM

This would actually be a lot closer to Apple than Microsoft.

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Joe_III
Tuesday, October 21, 2008 @ 12:59:29 AM
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Yeah, did you hear about the part that you agree to let Sony sell the LBP levels you create to other people without paying you?

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Advent Child
Tuesday, October 21, 2008 @ 1:08:42 AM

That is actually understandable. If they didn't it would be like you selling a game you made with the unreal 3 engine and not paying the rights for the engine. Its their game, their creator tools. Everything is theirs. you are only renting the right to use it

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Joe_III
Tuesday, October 21, 2008 @ 10:38:13 AM

Advent,
Sadly, you are mistaken. If you don't know even the basics of copyright law, at least look at other current examples.

1. Bungie doesn't charge for user generated content.
2. Unreal doesn't charge for user generated content.

No one charges for user generated content.
One of the key things about LBP was you were supposed to be able to create levels and share them at no extra cost. All of a sudden its ok with you if they take your levels, bundle them up in a pack and sell them back to you?

mmmkay, lemme know how your oceanfront arizona property comes along.

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Ultimadream
Tuesday, October 21, 2008 @ 1:31:49 AM
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wait so they can monitor you on an online game and web browser?

Last edited by Ultimadream on 10/21/2008 1:33:18 AM

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Zapix
Tuesday, October 21, 2008 @ 4:57:17 AM

LOL, should hang around porn sites now!

User: *downloading porn!*
Sony: ... *downloading porn with User's info!*
Spam: *sending User porn spam with info provided by Sony!*

Last edited by Zapix on 10/21/2008 4:58:07 AM

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xnonsuchx
Tuesday, October 21, 2008 @ 1:37:32 AM
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Yeah, that's utter BS for them to claim not to be responsible for firmware updates adversely affecting the system. They better not make any future firmware updates REQUIRED if they're gonna follow that rule. I think some states might also have laws invalidating that ToS.

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Tim Speed24
Tuesday, October 21, 2008 @ 7:08:11 AM

Agreed. Updates better not be mandatory! I'll update when I read on forums the update is safe with no bricking issues.

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crapreviews
Tuesday, October 21, 2008 @ 1:58:13 AM
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SONY i hate to tell you but you are going to have lawsuits on your ass. I know they are breaking some NY laws.

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kN3eLb4Z0d
Tuesday, October 21, 2008 @ 9:31:11 AM

Absolutely. They're unquestionably on the wrong side of several California consumer protection laws.

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John Shoemaker
Tuesday, October 21, 2008 @ 4:03:17 AM
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In all honestly. I don't think they are allowed to do that. Since basically, they are the ones damaging the system due to under testing to determine whether or not the software would damage the system in anyway.
I do smell lawsuit in this as well. Because it's wrong. No matter which way you turn it.
Sorry Sony, but this is a bull**** play by you.

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whooka
Tuesday, October 21, 2008 @ 6:31:38 AM
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Ah, Sony, can my slowly dwindling regard for you go any lower? I have a system that was bricked by an update and while Sony did an adequate job sending me a replacement (two weeks round trip, no real expense to me as it was under warranty still) the whole thing really peeved me off mainly because Sony REQUIRES you to take their update to log on to the PSN or enter the PS Store. So there's been times I wanted to download that new Rock Band track but a new firmware update was required and I'd been reading about how people have had problems with it for whatever reason and didn't want to go there yet. If Sony requires you to install it to get full use of your console then they oughta be responsible for any problems incurred during said update. It's not like it's coming from a third party or anything. To me this whole clause is just an admission by Sony that they have been having more bricked systems due to updates then they care to admit (1% failure rate my backside).

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Schmitty
Tuesday, October 21, 2008 @ 6:50:56 AM
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its their product they can do what they want without repurcussions

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kN3eLb4Z0d
Tuesday, October 21, 2008 @ 9:34:03 AM

Let's see how you feel about that after your system bricks.

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Arvis
Tuesday, October 21, 2008 @ 1:05:15 PM

That is an ENTIRELY untrue statement, Schmitty.

-Arvis

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SerendipityDeus
Tuesday, October 21, 2008 @ 6:55:22 AM
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Ima sue them myself if they brick my ps3 and don't repair it for me, time to put my lawyer on speed dial LOL

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SerendipityDeus
Tuesday, October 21, 2008 @ 6:58:05 AM
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@ Schmitty
The moment that we bought said product they loss most of their rights to it, we bought it and they have no right to damage it, and if they do they must replace it cuz it was there fault, plus, wat if it was ur ps3 they vricked and didn't want to repair??

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Qubex
Tuesday, October 21, 2008 @ 8:50:40 AM
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I think this is a worrying development!

Q!

"i Am HoMe"

> HoMe BeTa TeSteR<

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pavlovic
Tuesday, October 21, 2008 @ 9:05:43 AM
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With the latest update there is a low talked function the un-brick the PS3. While it is turned off, push yhe power button for 10 seconds and a menu will pop up. From there you can restore your console.

You can see that here:
http://ngzclan.com/board.php?mod=board

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LightShow
Tuesday, October 21, 2008 @ 3:21:45 PM

=/ its in spanish

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pavlovic
Tuesday, October 21, 2008 @ 6:42:49 PM

The tutorial is in english, the comments are in spanish, nevertheless you can find the original source in there

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NoMoreWar
Wednesday, October 22, 2008 @ 11:54:38 AM

when mine was bricked by the 2.40 update, that reset all the settings, but the hard drive was still hosed, and thus it still didn't work

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Orvisman
Tuesday, October 21, 2008 @ 9:40:02 AM
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Guys, this is just legal mumbo jumbo IN CASE Sony wants to deny someone free repairs for an update-bricked system, exonerating them from any legal liability. If you sign the agreement, you're pretty much signing away your right to sue Sony, unless you live in a state that forbids those types of exclusionary clauses. This doesn't mean Sony won't fix your bricked system if an update does go awry. It's just a case of CYA.

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Tim Speed24
Tuesday, October 21, 2008 @ 10:09:46 AM

This is probably true in today's sue happy world. I don't think Sony would ever deny a good customer help.

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Joe_III
Tuesday, October 21, 2008 @ 11:57:10 AM

O RLY?
http://consumerist.com/consumer/sony/using-nonlicensed-third-party-products-does-void-ps3-warranty-229487.php

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Joe_III
Tuesday, October 21, 2008 @ 12:02:22 PM

using non Sony AV cables voids your warranty.

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Robochic
Tuesday, October 21, 2008 @ 10:48:24 AM
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I worked in a call center for gaming console, and i wish they had tougher terms of use, the amount of calls i got about oh my kid gave his name and info and now we have people harrassing us, and we couldn't really do anything except tell them to call the cops but we had no way of ip address, it was not monitored by the company just the users. So i say good job Sony, get the little kids from stop giving out their info. plus people will sue over anything now a days.

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BeezleDrop
Tuesday, October 21, 2008 @ 11:27:38 AM
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So this nullifies the factory warranty that comes standard when you purchase your ps3? Because of updates that might mess up your system? How is anyone liable for errors that occur from an automatic update.

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cadpig
Tuesday, October 21, 2008 @ 11:36:24 AM
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If sony monitors the users on the psn network. Why don't crackdown on some of the crazy foul language and harassment? It's not as bad as Xbox live, but c'mon..
I have a launch ps3 that plays ps1 and ps2 games without a emulator. If an update messes up my system i'm screwed..

Last edited by cadpig on 10/21/2008 11:41:31 AM

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FallenClyro
Tuesday, October 21, 2008 @ 12:24:42 PM
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There watching us?!? *Unplugs Eyetoy*

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King James
Tuesday, October 21, 2008 @ 3:37:51 PM

lol

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LightShow
Tuesday, October 21, 2008 @ 3:18:22 PM
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If a level is worth Sony selling back to people, it was one that had a lot of time put into it. While I doubt people buy the game in hopes of selling their levels to the community, the surefire way to piss of a really good level dev is to sell his level without regard for his wishes.

That means a skilled level dev has no wish to release any more levels, at least publicly. If it happens enough, the online community you NEED to sell your game is pissed off at you and refuses to cooperate, out of fear that you'll steal their ideas for cash.

That results in LBP tanking. Big time.

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Joe_III
Tuesday, October 21, 2008 @ 4:17:07 PM

Not only that, but people who were planning to try to break into the game development arena by showing off the LBP levels they created can no longer do so because Sony owns the copyrights to all the levels you create.

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LightShow
Tuesday, October 21, 2008 @ 9:49:37 PM

so its a big snafu, anyway you slice it...

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King James
Tuesday, October 21, 2008 @ 3:40:08 PM
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This sounds like some patriot act type stuff.

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knobby585
Tuesday, October 21, 2008 @ 3:49:24 PM
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wow... good joke SONY...

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Ben Dutka PSXE [Administrator]
Tuesday, October 21, 2008 @ 5:14:35 PM
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I'll just say this- Sony's customer support is >>>>>>>>>>>>>>>>>>>>>>>>>>>>> Microsoft's.

There is NO debate on that. I don't like a lot of these new user terms, either, but this remains true.

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Joe_III
Tuesday, October 21, 2008 @ 6:00:28 PM

I have yet to call Sony's support, but it doesn't get much worse than microsoft's... With my first box, it got so bad I had memorized the script their techs worked off of. I would say each question along with them -- with a better accent tho -- then give them the answer.

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NoMoreWar
Tuesday, October 21, 2008 @ 7:52:49 PM
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when i called 'em about my bricked ps3 from the 2.40 update, they already claimed zero liability for any damage resulting from an update, and they wanted me to pay like $150. it wasn't until the problem became wide-spread enough for them to pull the update from their servers and i called back that they agreed to fix it for free, "out of good will."
so, this user agreement update doesn't faze me in the least. after what i went through, i use the backup utility AT LEAST once a month, and always immediately prior to installing an update.
Now, in my situation, the update completely screwed my HDD such that computers wouldn't even acknowledge its presence as a hard drive when hooked up appropriately. only the hard drive was destroyed though. so, if this happens to me again, i'll just be replacing the hdd with a new, bigger and better one for less than the $150 Sony charges, as i can't see their "good will" paying for everyone all the time. we just have to understand that it is our responsibility to protect our things, and be prepared for anything. Sony went beyond their responsibility in my situation.

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LightShow
Tuesday, October 21, 2008 @ 9:48:59 PM

Same thing happened when my PS2 wouldn't work online. They sent me a box and said they'd fix it out of "Goodwill"

They're like the benevolent dictator. "I dont HAVE to fix your machine, but I will because i'm cool like that."

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AbCdEfG
Wednesday, October 22, 2008 @ 8:13:59 PM
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Sad 2 see Sony doing this.

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DeadReaper
Thursday, October 23, 2008 @ 3:01:59 PM
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Anyone know how much monitoring is done on the system? Is it just a general overview of what you do, or is it a keylogger type deal. Does this also mean when I check my g-mail on the system (dont got a home computer, go figure) they see everything. Not that I got anything to hide, and I'm not paranoid, but thats why they created passwords. And also if their updates F*** my system up, they should be fixing it or giving my back the $461.99 that I payed for it.

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