PS3 to prevent pre-owned games

Page 4 - Seeking answers? Join the AnandTech community: where nearly half-a-million members share solutions and discuss the latest tech.

SMOGZINN

Lifer
Jun 17, 2005
14,359
4,640
136
Originally posted by: Ned
Total BS. Returning games to the store, taking a game to a friend's house, replacing your console, and many other normal and legal activities are excluded by this. If sony is smart, they will not do this.

You could still return the disk to the store, the store would just not be able to resell the disk. The rest is not protected by law, so they do not have to let you do any of those things. Remember you are not buying the game, only licensing the right to play it, and then only under the conditions of the EULA which could have any number of limits on it, including that it can only be played in one specific machine, or only for so many hours after which you must pay a subscription fee (a la MMORPGs)

I do not believe that Sony intends to do any of this with the PS3, but I think they are going to take a small step in this direction. That is how we will end up eventually with the pay-per-play style of games like we had with old arcade games. They will slowly take away our ability to control the media, each time crying about piracy (which their DRM does not stop) and the public will mostly support it because they are mostly too stupid to realize that the wolf is already among them.
 

YoshiSato

Banned
Jul 31, 2005
1,012
0
0
Originally posted by: SMOGZINN
Originally posted by: Ned
Total BS. Returning games to the store, taking a game to a friend's house, replacing your console, and many other normal and legal activities are excluded by this. If sony is smart, they will not do this.

You could still return the disk to the store, the store would just not be able to resell the disk. The rest is not protected by law, so they do not have to let you do any of those things. Remember you are not buying the game, only licensing the right to play it, and then only under the conditions of the EULA which could have any number of limits on it, including that it can only be played in one specific machine, or only for so many hours after which you must pay a subscription fee (a la MMORPGs)

I do not believe that Sony intends to do any of this with the PS3, but I think they are going to take a small step in this direction. That is how we will end up eventually with the pay-per-play style of games like we had with old arcade games. They will slowly take away our ability to control the media, each time crying about piracy (which their DRM does not stop) and the public will mostly support it because they are mostly too stupid to realize that the wolf is already among them.

Do not under estimates Sony's insanity. They never knew what type of outlash their rootkit would have caused. They still think their DMR rootkit does nothing wrong. Yet it can and has been use to hack other systems.

BTW a computer virus is defined as a program or piece of code that is loaded onto your computer without your knowledge and runs against your wishes.
 

SMOGZINN

Lifer
Jun 17, 2005
14,359
4,640
136
Originally posted by: YoshiSato
Originally posted by: SMOGZINN
Originally posted by: Ned
Total BS. Returning games to the store, taking a game to a friend's house, replacing your console, and many other normal and legal activities are excluded by this. If sony is smart, they will not do this.

You could still return the disk to the store, the store would just not be able to resell the disk. The rest is not protected by law, so they do not have to let you do any of those things. Remember you are not buying the game, only licensing the right to play it, and then only under the conditions of the EULA which could have any number of limits on it, including that it can only be played in one specific machine, or only for so many hours after which you must pay a subscription fee (a la MMORPGs)

I do not believe that Sony intends to do any of this with the PS3, but I think they are going to take a small step in this direction. That is how we will end up eventually with the pay-per-play style of games like we had with old arcade games. They will slowly take away our ability to control the media, each time crying about piracy (which their DRM does not stop) and the public will mostly support it because they are mostly too stupid to realize that the wolf is already among them.

Do not under estimates Sony's insanity. They never knew what type of outlash their rootkit would have caused. They still think their DMR rootkit does nothing wrong. Yet it can and has been use to hack other systems.

I think that Sony will do anything they think they can get away with. I don't know what type of bad decision led to the rootkit like (it is NOT a rootkit, but is based on that concept) DRM software on their media, but I imagine it was done out of ignorance more then malice. By now they know that their DRM is very exploitable and their PR is just trying to spin it in preparation for the lawsuits that are to come. Their defense is going to be that there is nothing wrong with their code, and that other people broke the law to use it in a malign manner, therefore it is not Sony?s fault. The damn thing is they will probably win, and be found faultless even though they did something so phenomenally stupid that they should be held liable.

BTW a computer virus is defined as a program or piece of code that is loaded onto your computer without your knowledge and runs against your wishes.

This is a simply ridiculous definition of a computer virus. There are dozens of pieces of code that runs on every default install of windows that fit this definition. The definition of virus needs to have some concept of malign intent, as well as the concept of automatic propagation.
Even if we use this silly definition, Sony?s DRM does not fit. Each person to play the CD was informed of it being installed and agreed to it running when they accepted the EULA, even if they didn?t understasnd exactly what they were agreeing to.

We use to tell people to never sign a contract that they didn't fully understand or agree with, somewhere along the way we all forgot that advise.

Edited to fix quotes
 

Chaotic42

Lifer
Jun 15, 2001
34,868
2,032
126
-
While the PS3 hasn't been expressly mentioned in the patent in English or Japanese it would be the obvious place to employ this new technology, regardless of how little gamers will appreciate it.
-

This is the key sentence.
 

YoshiSato

Banned
Jul 31, 2005
1,012
0
0
Originally posted by: SMOGZINN
Their defense is going to be that there is nothing wrong with their code, and that other people broke the law to use it in a malign manner, therefore it is not Sony?s fault. The damn thing is they will probably win, and be found faultless even though they did something so phenomenally stupid that they should be held liable.

That defence will not work under the DMCA.

The same defence was used by P2P networks that they are not responsible for the illegal use by users. That failed, the P2P networks were forced to shutdown and pay fines.

Any lawyer worth his salt will site RIAA cases where the owner or creater of a piece of software was responsible for it's illegal use.
 

AnyMal

Lifer
Nov 21, 2001
15,780
0
76
Jeebus, people. It says "speculation" right at the subtitle of the article.
 

RadiclDreamer

Diamond Member
Aug 8, 2004
8,622
40
91
Once again, this is why I buy nintendo, they dont try to treat all their customers like thieves. They actually guve you stuff for being loyal customers. I dont how many little do dads they have sent me for registering my games online with them
 

YoshiSato

Banned
Jul 31, 2005
1,012
0
0
Originally posted by: Mallow
this would be suicide for the ps3, ain't gonna happen.

Seppuku is sometimes a better choice that utter failure.

Maybe Sony knows Xbox360 will kill them off and instead of giving Vole the joy of killing Sony, Sony will kill themself.
 

CocoGdog

Senior member
May 31, 2000
848
0
0
I bet you anything that this was a Microsoft leaked rumor. I wouldn't get the POS3 if this was the case.
 

SMOGZINN

Lifer
Jun 17, 2005
14,359
4,640
136
Originally posted by: YoshiSato
Originally posted by: SMOGZINN
Their defense is going to be that there is nothing wrong with their code, and that other people broke the law to use it in a malign manner, therefore it is not Sony?s fault. The damn thing is they will probably win, and be found faultless even though they did something so phenomenally stupid that they should be held liable.

That defence will not work under the DMCA.

The same defence was used by P2P networks that they are not responsible for the illegal use by users. That failed, the P2P networks were forced to shutdown and pay fines.

Any lawyer worth his salt will site RIAA cases where the owner or creater of a piece of software was responsible for it's illegal use.

The USSC ruled that that was only true if you advertised your software as able to break the law, or in some other way encouraged illegal behavior with your product. Sony will have an easy time showing that their product was not intended to break the law, but to help protect their IP.
Not that it really matters. I doubt that the courts would rule against Sony if they had called their software ?Evil Haxorz RootKit!!!!111? and went into court wearing ?all your computers are belong to us? tee shirts. They would simply say, you signed an agreement letting us install it, the agreement made us non-liable for any unintended consequences of installing the program. Then they simply cry, ?if you didn?t want your computer haxored you should not have listened to our music! MUWAHAHAHAHAHAHAHAHAHA!!!!1111?

Seriously, virus writers should make the virus put up an EULA when infecting a system that if you don't agree to it reboots your computer and then pops the EULA up again every reboot. if you ever agreed to it, it could do anything as long as it was covered in the EULA. Based on current court ruleing that would be perfectly legal.
 

CaptainGoodnight

Golden Member
Oct 13, 2000
1,427
30
91
Originally posted by: LikeLinus
I love the inquirer. You get neat words like

"may allow"

"many rumours"

"hasn't been"

"Sony could be"

"it would be"

Believe the hype. The inquirer told you so!

Amen. I can't believe anyone still reads the Inquirer.

Suckers.