The updated Playstation Network Terms of Service are terrible!

[pcnerd37]

Im not sure how many of you got it, but on Friday, I was sent an email by Sony saying they made some major changes to the PSN ToS. The changes are terrible. This post highlights the major problems with the new changes. I highly recommend everybody view the updated ToS as you should know what is going on. The new stuff is in red.

I really find the changes horrible, any privacy you had has now gone out the window. If you lose data and its Sony's fault, too bad for you, you just have to buy it again. I find it extremely disturbing that basically any content you create, such as in LittleBigPlanet is essentially theirs, and there is nothing you can do about it. We must fight Sony on this!

 

[JPB]

I got the email about the update as well. But I haven't read it yet.

Sounds like some of those changes are total bullshit. Will read it now!

 

[pcnerd37]

Everybody with a PS3 or PSP should read it, it is a consumer nightmare. I am posting about this to every gaming forum I can think of to raise awareness. I am hoping that this will cause enough of a backlash that they will back off like Google did with the Chrome EULA. The stuff they changed in this new revision is complete crap and Sony should be called out on it.

 

[blurredvision]

Hmmm, while I'm one that usually rolls his eyes at ToS snobs and their dissection of every word to complain about it, from that first link, some of these changes are bullshit. I would like clarification on exactly what personal information now belongs to Sony that they are free to share.

 

[pcnerd37]

Originally posted by: blurredvision
Hmmm, while I'm one that usually rolls his eyes at ToS snobs and their dissection of every word to complain about it, from that first link, some of these changes are bullshit. I would like clarification on exactly what personal information now belongs to Sony that they are free to share.

I would like to know that as well. If they are sharing it with third parties and whoever the third parties want to share them with, such as advertisers, one would assume it would include personal information like location, names and such. Since they are vague about it, they could probably share your credit card info if they chose to.

 

[AstroManLuca]

I'm guessing this is the part that you're pissed about?

SCEA reserves the right to monitor and record any online activity and communication throughout PSN and you give SCEA your express consent to monitor and record your activities. SCEA reserves the right to remove any content and communication from PSN at SCEA's sole discretion without further notice to you. Any data collected in this way, including the content of your communications, the time and location of your activities, your Online ID and IP address and other related information may be used by us to enforce this Agreement or protect the interests of SCEA, its users, or licensors. Such information may be disclosed to the appropriate authorities or agencies. Any other use is subject to the terms of the applicable Privacy Policy.

If not, cliffs would be appreciated.

EDIT: Or maybe this?

Third parties, including publishers may administer access to some content, including delivery, gameplay or customer service. To enable third parties to provide such access to you, we must provide them with your personal information. If you do not consent to allow us to share your personal information with third parties for the purpose of providing you with access to PSN content, you will not be able to participate in PSN. In order to access certain content, you may be required to accept additional content specific usage terms and conditions of SCEA or third party companies ("Usage Terms").

 

[Gunslinger08]

Who cares?

 

[Baked]

Originally posted by: joshsquall
Who cares?

Seriously. People who game on PSN don't talk anyway. Now if this is xbox Live, it would be a whole different story.

 

[DaveSimmons]

A reader at ArsTechnica pointed out that Ars' forum TOS is almost the same.

I find it extremely disturbing that basically any content you create, such as in LittleBigPlanet is essentially theirs, and there is nothing you can do about it.

It's the standard non-exclusive royalty-free rights in perpetuity that everyone sharing user-created content asserts. It lets them share LBP content without people suing them for royalties or copyright infringement after the fact. Check the TOS for Live user-created content and it's almost certainly the same.


The part I'd agree with being BS is that they accept no responsibility for corrupted downloads or lost data, since their video service currently only allows one download of a movie you "buy". Not that ever I'd pay money to "own" a PS3-locked movie.

 

[imported_Imp]

I got the e-mail, but I didn't read it. Not sure what to say, I never read those agreements anyways, so I wouldn't know what the difference is.

 

[hans030390]

I don't see how this is a big deal. I doubt it well ever effect 99% of people.

It actually just sounds like they're taking measures to prevent penis creations on LBP, similar to Spore. Oh noes!

 

[BadRobot]

damn there goes my firey penis of doom =(

 

[coreyb]

noooooooooooooooooooo! my world is crashing in around me!!

 

[pcnerd37]

Originally posted by: hans030390
I don't see how this is a big deal. I doubt it well ever effect 99% of people.

It actually just sounds like they're taking measures to prevent penis creations on LBP, similar to Spore. Oh noes!

The problem is, with the way they have it know, it will effect everybody as they can now record everybody's activities and share it with third parties.

 

[pcnerd37]

ArsTechnica also is reporting on this issue although not on all of the stuff that is in my post. Their story has also made the front page of Digg, so this is really starting to get some attention: http://arstechnica.com/news.ar...sonys-new-ps3-tos.html

 

[JackBurton]

Well it looks like I'll be sticking to buying games for my 360 again. Sony always manages to do something stupid like this. It is just inevitable with that company.

 

[Gunslinger08]

Originally posted by: pcnerd37

Originally posted by: hans030390
I don't see how this is a big deal. I doubt it well ever effect 99% of people.

It actually just sounds like they're taking measures to prevent penis creations on LBP, similar to Spore. Oh noes!

The problem is, with the way they have it know, it will effect everybody as they can now record everybody's activities and share it with third parties.

Who cares? Are you looking at goat porn on your PS3? Worst case you'll get some marketing spam.

 

[pcnerd37]

I have just finished writing a follow up post with more quotes from the ToS and explaining why some of these things are so bad. I highly recommend reading it as this is not an issue to be taken lightly. http://globalgeeknews.com/blog...-of-service-revisited/

 

[Capitalizt]

Sorry...But they are offering a free service. They don't charge like Microsoft and Xbox Live. If you were paying for it, you might have a right to complain...but nobody is forcing you to use the PSN.

 

[Gunslinger08]

Wow, you are really blowing this up. The things they include are pretty standard CYA stuff.

 

[pcnerd37]

Originally posted by: Capitalizt
Sorry...But they are offering a free service. They don't charge like Microsoft and Xbox Live. If you were paying for it, you might have a right to complain...but nobody is forcing you to use the PSN.

While the essential connection is free, the services it provides generally arent. The service is used to sell content such as movies, tv shows, map packs and much more. If they say they can hose all of my purchased content and there is nothing I can do about it, whether the base service is free or not, I still have plenty of room to complain.

 

[NikolaeVarius]

Lets look at this

Unless you want to risk termination of your service and have very little functionality out of your PS3, you will now have to be very careful about what you do as Sony is watching and listening for TOS violations so they can disable your account. But, if you thought that this is all they are using your information for, you would be wrong. It is being shared with third parties.

Oh look, they're monitoring whats happening on their servers. They shouldn't police whats happening on their own damn servers?

So now, all of your private information is now at the hands of third parties and whatever they choose to do with it. You have no say in what personal information they get, and if you don?t like it, you aren?t allowed to use the PlayStation Network. I suspect this is the first step in finding ads on the PlayStation Network outside of promoting new items in the store.

Yes..it is... Ad supported network. Just because they sell things on PSN doesnt measn everything else is free to upkeep

You bear all risk of loss for completing the download of any content and for any loss of content you have downloaded, including any loss due to a file corruption or hard drive crash.You are solely responsible for the storage and safekeeping of your content. SCEA is not responsible for providing you with replacement copies for any reasonQ]

This is msot liekly an issue with copyright. Not Sony

Speaking of DRM, hacking your PS3 or PSP to give yourself more control over your content is no longer allowed.

Wait, so a corporation doing some basic DRM checks on its own products is not allowed?

To the extent permitted by law, You authorize and license SCEA a royalty free and perpetual right to use, distribute, copy, modify, display, and publish your User Material for any reason without any restrictions or payments to you or any third parties. You further agree that SCEA may sublicense its rights to any third party, including its affiliates and subsidiaries.

This is so that people don't sue Sony for using their "products" a.k.a LBP. Or Home

Most of this stuff is just gearing up for things like Home and LBP. There's probably worse stuff in your average Game Agreement notification. Stop the pointless fear mongering.

 

[DaveSimmons]

If they say they can hose all of my purchased content and there is nothing I can do about it,

Aside from the stupid download-once movies, they're just saying you can't sue them if your game content download is interrupted and you have to retry, and you also can't sue if your HD dies and you lose saved games. Do Nintendo or MS promise to preserve your saved games for you?

molehill > > > > MOUNTAIN!

 

[mugs]

Originally posted by: DaveSimmons

If they say they can hose all of my purchased content and there is nothing I can do about it,

Aside from the stupid download-once movies, they're just saying you can't sue them if your game content download is interrupted and you have to retry, and you also can't sue if your HD dies and you lose saved games. Do Nintendo or MS promise to preserve your saved games for you?

molehill > > > > MOUNTAIN!

I think the issue with that aspect is if they ever delisted PSN games, and then your hard drive died, you'd lose them. Not sure if you can back them up, but so far I don't think they've delisted anything.

Microsoft also monitors everything you do and say on their network.

Over all, big fat meh. I'm not going to think twice about this change to the TOS, and I don't expect that it will have any negative impact on me in any way ever.

Big fat meh.

 

[Queasy]

Originally posted by: mugs

Originally posted by: DaveSimmons

If they say they can hose all of my purchased content and there is nothing I can do about it,

Aside from the stupid download-once movies, they're just saying you can't sue them if your game content download is interrupted and you have to retry, and you also can't sue if your HD dies and you lose saved games. Do Nintendo or MS promise to preserve your saved games for you?

molehill > > > > MOUNTAIN!

I think the issue with that aspect is if they ever delisted PSN games, and then your hard drive died, you'd lose them. Not sure if you can back them up, but so far I don't think they've delisted anything.

Mortal Kombat II disappeared from the PSN Store recently. You can even download it from your list of downloaded games.

There's been no official response about this from Sony.