Sony updates its PlayStation 4 'Software Usage Terms'

Discussion in 'PlayStation Gaming News' started by GaryOPA, Nov 10, 2013.

By GaryOPA on Nov 10, 2013 at 5:23 PM
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    GaryOPA

    GaryOPA Master Phoenix Admin Staff Member Top-Dog Brass

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    New November 2013 terms.

    Sony has updated its TOS to include the PlayStation 4, and there's something interesting in the 'Resale' section...

    [​IMG]

    Sony has added the 'Software Usage Terms' for the new upcoming PlayStation 4 (November 2013), but they also apply to all the PS systems.

    And, well, here's the 'Resale' part:

    Sony also reminds you that all the Software is "Licensed", and that you "do not acquire ownership" of it:

    There's also some interesting info about Online monitoring:

    You can check out the full TOS on the link below!

    NEWS SOURCE #1: Software Usage Terms (via) PlayStation
    NEWS SOURCE #2: Legal (via) PlayStation

    Our thanks to 'Gauss' for this news item!
     

Comments

Discussion in 'PlayStation Gaming News' started by GaryOPA, Nov 10, 2013.

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      Battlefield

      Battlefield Loyal Member

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      Yes, if people don't like it.. then make the console offline.
      There have been bunch of crap for many years in text such as this on Xbox 360 too, but not one single time have i noticed anything.
      I always accept them without reading them, because you never notice anything bad anyway with "normal use".

      I need any console to be online, as i purchase lots of download games, play online sometimes.. etc.
       
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      billysastard

      billysastard MaxConsole Co-Admin Staff Member Top-Dog Brass

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      ladies and gentlemen, the online pass is dead, say hello to the activation code.

      sony's new tos introduces the ability of the greediest scumballs to include a single use code to activate your new game on your console/account and with no option to purchase a replacement code the retail disc becomes of no value. this is what sony's new terms have introduced, it makes online passes look like pretty good things.
       
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      Artlover

      Artlover Bad Ass Mother 4000, Twice as Fast as your Ass! Loyal Member

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      Maybe as a common layman, you might think that, but it's not.

      The current software usage agreement says: "You may not resell Game Software unless expressly authorized by Sony Computer Entertainment"

      The difference is "game software" vs. "Disc-based Software or Software Downloads".

      One is a vague generalization that is totally unenforceable, the other is much more specifically focused.

      Courts don't like vague generalizations because they are impossible to apply in the real world where lawyers will spend weeks arguing over the meaning of the word "IS". But specifics on the other hand, remove all ambiguity and become quite easy to apply. You could argue you not selling the software, just the disc & box, as they are technically not the same thing and get off on one, where as the same argument holds no water with the other.

      To give you an analogy. No where in the US will you find a law that says "Murder is illegal". What you will find are literally thousands of separate and individual laws detailing why every variation of murdering a living human being for reasons other than self defense are illegal. Why. Because otherwise, hunting for food, killing insects in your house and defending yourself against a murder would make you a murder.

      There is a reason lawyers have to go to college for years and practice for many more. Law is complicated and tricky and all it takes is one word to change something from Iron Clad to Null & Void.

      Doesn't matter if it was Shinzō Abe who said it. Verbal promises carry no weight. Go into court over a verbal contract, you will loose and be chastised by the judge for not getting a signed written contract.

      Unless that game box contains a piece of paper from Sony that states they authorize the purchaser the right to resell the product, then you are not authorized to resell it.


      The question is, will they bother to go after the resale market. That is a question that can not be answered as of yet. That their previous clause was too generalized, it was never really possible for them to even try to enforce it before. Now that their clause is specifically tailored for that activity, it is possible for them. However it would still be costly both in money and PR, neither of which they can afford at this point.

      But make no mistake about it, the change in wording changes the legality of it entirely, and gives them a foot to stand on if they ever did decide to play the dick card and try to enforce it. To that end, let's face it, the software publishers and console makers do not and never have liked the resale market. Nintendo tried to shut it down in the courts many years ago. Now they all just try to shut it down indirectly by screwing the customer with activation codes and online passes. They want resale gone, and seemingly little steps like this go along away to achieving that.
       
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      GaryOPA

      GaryOPA Master Phoenix Admin Staff Member Top-Dog Brass

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      Sony claims NO PROBLEM:

      http://www.maxconsole.com/maxcon_forums/threads/268770-Sony-allows-re-sale-of-PS4-disc-based-games

      We should all take 'screenshots' of their Tweet, and use it as proof in a class-action-lawsuit if they change their mind later on.

      And of course this short 140-character statement on Twitter does not mean it will not get more harder to able to re-sell your disc-based games later on, as remember XB1's original plan still allow you to trade, re-sell games just you had to go thru their authorized retail channels, so the door is still open to setup a authorize way for Sony to handle your 're-sale' as per the terms!

      Plus remember the ToS adds 'and the publisher', so even if Sony said YES, does not mean EA, Ubisoft, Activision will do the same. :mad:
       
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      Artlover

      Artlover Bad Ass Mother 4000, Twice as Fast as your Ass! Loyal Member

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      All Shuhei has to do is say: "Yes, I tweeted that, and no I didn't mean it. So what? Tweets are not a legally binding document." And he would be right.

      I think people forget that lying is not illegal (except in limited situations involving law enforcement, courts, and official documents for the purpose of committing fraud.) If lying was illegal, virtually all advertising would be banned.

      If you don't want to get screwed, then; "Trust no one and get it in writing."
       
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      billysastard

      billysastard MaxConsole Co-Admin Staff Member Top-Dog Brass

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      just one minor point here, nintendo tried to shut down the grey import market not the preowned market, sony did the same which is why we all lost lik-sang
       
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      Artlover

      Artlover Bad Ass Mother 4000, Twice as Fast as your Ass! Loyal Member

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      Actually, you're half right and I was half wrong. I remembered it wrong. It wasn't the preowned market, it was the rental market.

      Back in 1987, Nintendo sued Blockbuster for renting NES games. That case was eventually settled out of court, but since Blockbuster was still renting NES games, it's fair to say Nintendo lost that one. Nintendo sued Blockbuster again not long after that over copyright infringement because Blockbuster was including photocopies of entire game manuals with rentals. Blockbuster lost this round, and started including their own basic instructional cards with rentals instead.
       
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      DEDDOA

      DEDDOA Loyal Member

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      Right after they used them to get hold of PSP's as they couldn't get them from themselves, then they went and had them shut down for doing what they needed their services for.
       

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