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Monster Hunter
Registered: 04/16/2010
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Re: Not Happy About OtherOS Removal

Apr 16, 2010

Kudos, eh how do I give kudos this deserves kudos


Twosted wrote:

Narukari wrote:

Actually, since we are dealing with common law here,  every lawyer should know what they are talking about.  Common law is the first thing any law/business student learns at college.  I've even gone and asked my law professor about the situation and he said it sounds like Sony is in a heap of trouble for this.

 

Here is the gist of what he said:

 

It is NOT that the EULA can't be enforced.  It is that a company isn't allowed to put blanket statements in like the ability to take away a feature for whatever reason they want.

 

10-20 years from now, once the PS3 has run its course, Sony would definitly be able to shut down the PSN service without retributions.  This is because of the EULA, but it is a reasonable use of the EULA.

 

Sony can not use the PSN as a slab of meat to dangle in front of consumers to force them to do what they want, and hide behind the EULA when the consumer doesn't agree with them.

 

End Professors talk.

 

We went three weeks going over contracts, and we covered how EULAs work and how they are usually enforced in court.  Anybody can easily read an EULA and see what will be enforcable and not enforcable.  It mainly depends on if it is a blanket statement or not.  For example:

 

"Sexually abusing other PSN members can result in losing your PSN access."  = Enforcable

 

"We reserve the right to pull the PSN service for any reason whatsoever" = Not Enforcable

 

The EULA is an enforcable contract,  but any blanket statement in the contract will be immediatly thrown out of court.


Very good post, and I have to say I agree with you. 

 

It then boils down to was this an advertised feature.  I am still not convinced it was.  I even broke out my launch 60Gb box yesterday and couldn't find anything on it even eluding to the fact that another OS could be used on it. 


 

 

���Please be assured that SCE is committed to continue the support for previously sold models that have the ���Install Other OS��� feature and that this feature will not be disabled in future firmware releases.��� ��� Geoff Levand
August 2007 11:05
���Please be assured that SCE is committed to continue the support for previously sold models that have the ���Install Other OS��� feature and that this feature will not be disabled in future firmware releases.������- Sony���s Geoff Levand ���
n Fri, 2009-08-21 at 09:58 -0700
http://lists.ozlabs.org/pipermail/cbe-oss-dev/2010-February/007202.html
11:05: The next question talks about XNA (without directly mentioning it) and how it puts some of the power of making games into the hands of average users. Is Sony considering a response? Phil says that Sony started that with the Net Yaroze on the PS, continued it with Linux on the PS2, and is now continuing it with Linux on the PS3. Sony will continue to support that kind of homebrew and organized development initiatives.

Where Said: "D.I.C.E Summit"
Location: Las Vegas
Time: 11:05
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First Son
Registered: 08/09/2009
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Re: Not Happy About OtherOS Removal

Apr 20, 2010

Yes I felt the same here. Can't believe that they'd do that since this was an advertised feature.

 

I will not install the update and simply discontinue buying anything from the PlayStation Store. Nice move Sony!

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First Son
Registered: 12/19/2008
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Re: Not Happy About OtherOS Removal

Apr 20, 2010
I'm with arlanda, as I'm sure many of you here are. I am afraid that even if every Linux user and every Linux user sympathiser was to do this, it wouldn't even dent the income generated by pimply teenage casuals who's mommy's bought them a PS3 for their birthday. Some of which have PC's, how do I know? Well let's face it, they're not on this forum on their PS3 OS browser now are they? Meanwhile I'm off to find a copy of Swap Magic.
Phil Harrison took time to evangelize the device, which will launch worldwide this November. In particular, he said the Linux-based operating system on the console's hard drive will have enough processing power and nongaming functionalities to render traditional PCs--most of which use a form of Microsoft's Windows OS--moot in terms of home entertainment. "We believe that the PS3 will be the place where our users play games, watch films, browse the Web, and use other computer functions," said Harrison. "The PlayStation 3 is a computer. We do not need the PC."
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