PSN TOS updated; now owns your soul for agreeing

[#BROKEN Hasney]

Well, not that bad, but come on

http://arstechnica.com/news.ars/post/20081020-big-brother-is-watching-and-listening-sonys-new-ps3-tos.html

Key things (this, for now, only applies to USA... Maybe Canada too, not sure):

Sony now can listen to or record any conversation you have with anyone over PSN

You know those movies that have shitty DRM? As in you can't redownload more than twice, even from the same console? Now the TOS state that that's your problem and do not have to do anything to help you get your film back. "SCEA is not responsible for providing you with replacement copies for any reason."

"But what if the film doesn't work?" I hear you cry, that's fine because "No warranty is given about the quality, functionality, availability or performance of PSN, or any content offered on or through PSN... SCEA assumes no liability for any inability to purchase access to or use any content". Who gives a shit if your GT:5 purchase goes AWOL, you never had a warranty anyways!

Sure, that could be fine. Maybe you don't buy anything on PSN. Maybe you don't talk to anyone, but say if you want to share a LBP level, play Smackdown with a CAW, or share that MIDI GH:WT song you made. Sure, you still can, but Sony own the rights to do what the fuck they like with it.

"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," Sony explains. "You further agree that SCEA may sublicense its rights to any third party, including its affiliates and subsidiaries. You hereby waive all claims, including any moral rights, against SCEA, its affiliates and subsidiaries for SCEA or any other third party's use of User Material to the extent permitted by applicable law."

What a POS. If Microsoft follow suit(ESPECIALLY over the downloaded movies/games thing) then they can kiss their £40 a year goodbye. I just wish Sony would die and sell the Playstation brand and technology to a less bastardy company :(

[Kalyx triaD]

With PSN you get what you pay for.

[What Would Kevin Do?]

"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," Sony explains. "You further agree that SCEA may sublicense its rights to any third party, including its affiliates and subsidiaries. You hereby waive all claims, including any moral rights, against SCEA, its affiliates and subsidiaries for SCEA or any other third party's use of User Material to the extent permitted by applicable law."

That clause isn't that uncommon. Trust me, it's not like Sony's going to find a CAW you made in Smackdown, and steal it from you to make it their new mascot. More likely than not, that clause is in place so if they use someone's created LBP level, or use someone's created song in GH:WT, etc, in a promo, commercial, press conference, etc, etc, they can't be sued for it.

It also means, that in theory, if you do something totally inappropriate (IE, putting pictures of your dick up in LBP), they can remove them, remove the level, etc.

This isn't some huge scheme by Sony. Sony wants to protect themselves, and those clauses were drafted by lawyers as the most efficient way for it to be done.

[Kane Knight]

Darkpower's gonna spin this...

[CSL]

:heart: my PS3

[Kane Knight]

Though we probably don't have to wait for DP.

That clause isn't that uncommon. Trust me, it's not like Sony's going to find a CAW you made in Smackdown, and steal it from you to make it their new mascot. More likely than not, that clause is in place so if they use someone's created LBP level, or use someone's created song in GH:WT, etc, in a promo, commercial, press conference, etc, etc, they can't be sued for it.

It also means, that in theory, if you do something totally inappropriate (IE, putting pictures of your dick up in LBP), they can remove them, remove the level, etc.

This isn't some huge scheme by Sony. Sony wants to protect themselves, and those clauses were drafted by lawyers as the most efficient way for it to be done.

That clause is normally far more restricted than what Sony did, and any time a company reserves that right in a ToS document, it raises eyebrows.

[What Would Kevin Do?]

Regardless of it being more restrictive than what they've done before, it doesn't make it entirely out of the ordinary. Sony is first and foremost protecting themselves. Yeah, it may raise some eyebrows, but it's not some evil plan by Sony to take your created content and steal it for their own profit. Sony is a business, and businesses don't want to get sued. Anyone who thinks that this is a plan so Sony can rip off shit you make in video games really needs to get over themselves.

[What Would Kevin Do?]

Now if you want to talk about Sony being a bastard company, look no further than the new PSP model....

http://kotaku.com/5066849/sony-has-no-plans-to-fix-new-psp-display-problems

[Kane Knight]

Regardless of it being more restrictive than what they've done before, it doesn't make it entirely out of the ordinary. Sony is first and foremost protecting themselves. Yeah, it may raise some eyebrows, but it's not some evil plan by Sony to take your created content and steal it for their own profit. Sony is a business, and businesses don't want to get sued. Anyone who thinks that this is a plan so Sony can rip off shit you make in video games really needs to get over themselves.

LOL. They don't need to strip your rights to protect themselves.

Are you done apologising for corporations?

[What Would Kevin Do?]

They're only "stripping" your rights in regards to you suing them for their use of your work. Like I said, if by some chance a player created level is used in a press conference, in a commercial, etc, the player cannot sue Sony. It makes perfect sense. The player can still do what he wants with the level.

The only potential real issue is in regards to something like the new Guitar Hero, where you can make your own music. Once again, that clause prevents Sony being sued if a player created song is used in a press conference, promotional video, etc. Sure, Sony COULD take your song, claim it as their own, and sell it to a 3rd party (label, band, etc.) for tons of money, leaving the creator SOL. However, that's HIGHLY unlikely.

First, foremost, that clause is for Sony's protection. It has less to do with stealing from the creator, like some people want to make it out to be. When clauses like that are written to protect the company, they are written expansively by lawyers to protect the company is most situations that can be thought of. If the drafter didn't draft it in a way to offer the maximum amount of protection to their client, they wouldn't be doing their job.

Things like this aren't uncommon. According to the Myspace ToS, they own anything written in your blog, and can do with it what they want. In the end, it may look shady, but it doesn't mean it is shady. If people don't like it though, they can avoid it by not putting their created content on the network.

And this has nothing to do with me apologizing for corporations. It's simply me offering a logical interpretation of the clause, as opposed to some people out there who seem to think Sony is going to steal all their content for personal gain.