Kudos, eh how do I give kudos this deserves kudos
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.
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!