avaya said:
It can be argued that the GameOS is a service and all you purchased was the HyperVisor.
No it can't. Well, it can, but you'll lose.
The fat PS3 was advertised with several specific features, including the ability to play games, the ability to watch Blu-Rays, and the ability to install Linux. If these any of these functions are removed post-sale with no prior notice and with no compensation, and if you will have to allow these features to be removed in order to continue using the system in its intended fashion, then you have been dealt continuing, material harm. It's not that difficult, really.
avaya said:
There are several updates that require you to install them to enable content and features. If you were right Sony, Panasonic, Philips, Samsung et al have violated the law numerous times.
If this was a feature that had been enabled by a previous software update, then yes, it would be a case of Sony giveth and Sony taketh away. But it's a day one feature with significant and persuasive use, and they're disabling it because they believe their rights are more important than yours.
Of course, it seems like you agree on that point...
avaya said:
Dare you find a greater legal precendent than Sony-Universal when it comes to fair use. You will struggle.
This has nothing to do with fair use. That's why I said "So wrong." You've personified this company and are defending it when it cares nothing for you -- or anyone. It's an amoral legal fiction that wants your money. Why do you believe differently?
avaya said:
Security is achieved by closing exploits as they highlighted. Not after they have been used. Sony can claim that this is an exploit. They are well within their rights to do what they did. If they weren't where are the lawsuits? Oh wait there are none..
No one is allowed to close "exploits" at the expense of causing continuing harm to others. To paraphrase a well-known quote, Sony's right to control their software ends at my right to control my hardware.
It's kind of hard to file a lawsuit when the firmware hasn't been released yet. But trust me, it's coming.
avaya said:
Firmware and hardware are not the same thing. Sony is not preventing you from putting your own stuff on there. You can do that if you want. If you have the resources and you know the security. They just stopped you from doing that with their software, which you agreed to.
Breaking the security would violate the DMCA, as I assume you know. The only legal way to run anything but the GameOS is the OtherOS function.
At no time did I ever agree that Sony could remove features from my PS3. Setting aside the dubious nature and enforcibilities of EULAs, at no time, from purchase to now, did I implicitly or explicitly allow Sony to remove the OtherOS function at their discretion.
When the new firmware drops, I won't install it. At that time, I'll lose access to PSN, a continuing service. When I am unable to play a new Blu-Ray release, one way or another I will have lost a core function of the device. And that's unacceptable.
cRIPticon said:
Some car manufacturers WILL void your warranty if an aftermarket part caused "genuine" part failure. Not an uncommon practice.
Again, a warranty is a continuing service. There's a difference between a car's warranty and buying the car itself. Not to mention the fact that you agree to the terms of the warranty when the car is purchased. You're always free to decline the warranty or pay extra for an aftermarket warranty that will cover said loss. This is analogous to Mitsubishi forcing you to replace your manual transmission with an automatic, otherwise you won't be able to put gas in it anymore.
cRIPticon said:
Protecting their intellectual property is different than limiting your use of licensed content.
In this case, it's not. You need the latest firmware to play the latest games and watch the latest Blu-Rays. My use of that content has been arbitrarily and unnecessary limited.
cRIPticon said:
No, it's not the same. You may own the hardware, but you are receiving a user license for the software that the PS3 needs to boot. No different than the cable company not allowing you to access the firmware on your set-top-box so that new features can be added by the consumer.
You don't own your set-top box. The cable company does; you just rent it from them. I own my PS3. So yes, totally different. That's a major reason why cable companies won't sell you boxes or allow you to purchase boxes from a third party and use them with their service, btw.
cRIPticon said:
But that wasn't the argument. The argument was that the hardware was his. If Sony releases a game that carries their requirement of running a specific version of firmware to play it, that does not change the question of ownership. It is now a user licensing issue. You don't HAVE to play any future games and keep your Linux system in tact. It is completely your choice.
BUT ONE OF THE CORE SYSTEM FUNCTIONS IS TO PLAY GAMES. To continue my earlier analogy, Mitsubishi says that you don't HAVE to drive your car, you can put it up in blocks and live in it. Or use it as a paperweight.