New PS3 Terms of Service: Sony Can Record Anything Online
A very interesting (read: "big brother") addition to Sony's new PlayStation 3 Terms of Service has surfaced courtesy of Gizmodo today.
To quote: 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. More PlayStation 3 News...
SCEA Big Brother
This is a very important and concerning development in SCEA's Terms of Service, considering that a large portion of PS3 users have a 'PS3 Eye' attached.
This gives SCEA authority to access live video camera and microphone transmissions in millions of homes across the world, and SCEA retroactively grants themselves the right to 'monitor and record your activities'.
Does this include WWW browsing patterns, Media Server content, or Audio/Video feeds? All of which are networked based services.
I have never understood how SCEA's 'Firmware Update' policy is legal, and this recent change in their Terms of Service reinforces my concern.
A) We buy a PS3 console.
B) We read the box at the store, but their Terms of Service are included 'virtually' on the PS3 system.
(Confusion #1) By the time you are presented with their Terms of Service, the PS3 is opened, installed, and already used (most stores will not accept it back as a return.) Either way, you are forced to 'agree' at a point of no return.
(Confusion #2) The Terms of Service never mentions that I would have to agree to future (undisclosed) Terms of Service for my PS3 to remain fully functional.
B) We buy lots of games and BluRay disks.
C) SCEA releases a Firmware update, and immediately the PS3's functionality changes. You can no longer connect online, you can no longer play networked multiplayer games, and all newly released (and future) software title will not run on this PS3.
D) (Confusion #3) You are now in a situation where you can either 'agree' to all SCEA's new terms OR 'decline' these new terms (and SCEA leaves the PS3's functionality disabled which prevents new software titles from running.)
This contract agreement process stinks of extortion. They take something that is already yours (that you have already bought) and hold it hostage until you agree to something new.
I don't see how this type of forced 'contract agreement' is legal. I don't believe this would be acceptable if it were a home mortgage contract or hold up in court if we were discussing your Dell computer system.
Either way, SCEA has got it's users by to proverbial 'sack'. You *must* agree to their new and ever changing terms, or they break your system.
Doesnt ANYONE have an opinion? Why not write NOW? This is frankly quite scary. The potential and engineering that has gone into PS3 architecture is quite staggering and impressive, but the fact that they can reap any data they want about you is quite alarming.Welcome to BIG BROTHER.
If it is not SONICSTAGE then it is monitoring tactics. This is potentially bad.
Actually this is not legal at all, at least in Portugal the Portuguese Constitution protects the rights of personality, and this new policy is a clear violation of that rights!