Ironman273 Posted April 22, 2010 Share Posted April 22, 2010 Sony can update PS3 firmware without askingLicence agreement opens back door 22 apr 2010 The next time you fire up your PlayStation 3 console, you will probably be asked if you would like to install the latest firmware. Like most PS3 owners, you'll be keen to get on with the business of shooting the hell out of hoards of pixelated Nazis or aliens whatever it is that's keeping your thumbs busy this week. The vast majority of you will take one look at the 1,770 word End User License Agreement and digitally sign it without further thought. We know we usually do. Life's too short to spend your valuable time reading page after page of indecipherable legalese, right? But following the recent row about Sony's arrogant - and potentially illegal - removal of the Install Other OS function from fat PS3s, we thought we'd take a closer look. Sony's latest mandatory firmware update to version 3.30 fixes some stability issues, adds sorting options for trophies and reportedly paves the way for forthcoming 3D content. It also includes a new EULA which we took the time to read, and it certainly raised a few eyebrows. We draw your attention to section 3. Services and Updates: From time to time, SCE may provide updates, upgrades or services to your PS3? system to ensure it is functioning properly in accordance with SCE guidelines or provide you with new offerings. Some services may be provided automatically without notice when you are online, and others may be available to you through SCE's online network or authorized channels. Without limitation, services may include the provision of the latest update or download of new release that may include security patches, new technology or revised settings and features which may prevent access to unauthorized or pirated content, or use of unauthorized hardware or software in connection with the PS3? system. Additionally, you may not be able to view your own content if it includes or displays content that is protected by authentication technology. Some services may change your current settings, cause a loss of data or content, or cause some loss of functionality. It is recommended that you regularly back up any data on the hard disk that is of a type that can be backed up. What particularly caught our beady eye is the sentence "Some services may be provided automatically without notice when you are online" which basically means that Sony can do whatever the hell it wants to do to the content of your PS3 without notifying you or asking your permission. At this juncture it's important to point out that we have no way of checking if this clause was included in previous version of the EULA. Our extensive online searches have failed to come up with the text of anything before version 1.3, the current version being 1.4. But that's hardly the point. The point is that Sony forces users to sign an agreement which allows you to use a piece of hardware which you have paid for, but allows Sony to make any changes they see fit to the way the console operates without notification or permission. Historically, Sony has offered you a stark choice. You either agree to pander to its whims and continue playing with your expensive toy in the way in which the company proscribes, or you can refuse to install mandatory updates and be left with a console which can't play the latest software titles or connect to the Internet. The devil or the deep blue sea indeed. As far as we can tell, Sony has never exercised its self-appointed right to secretly alter the functionality of its hardware by subterfuge, but who would know? Source: Thinq Link to comment Share on other sites More sharing options...
BoredBozirini Posted April 22, 2010 Share Posted April 22, 2010 Hmmmm, so? Whats so wrong with this? Link to comment Share on other sites More sharing options...
x9248 Posted April 22, 2010 Share Posted April 22, 2010 Just update the damn thing people, play games! (legally :p) Link to comment Share on other sites More sharing options...
iamawesomewicked Posted April 22, 2010 Share Posted April 22, 2010 Not like theres CFW for the PS3 that allows playing backups. Link to comment Share on other sites More sharing options...
HawkMan Posted April 22, 2010 Share Posted April 22, 2010 Actually that sentence doesn't mean they can update the firmware at will at all. It only means they'll update the contents of their music and video stores and such without asking you ;) Link to comment Share on other sites More sharing options...
x9248 Posted April 22, 2010 Share Posted April 22, 2010 Not like theres CFW for the PS3 that allows playing backups. Nope there's not, and I personally don't think there ever will be. People are still holding their breath tho and praying to the oh-so-great GeoHot. Seriously, blame him for no more OtherOS :shifty: Link to comment Share on other sites More sharing options...
itzwolf Posted April 23, 2010 Share Posted April 23, 2010 Well having a PS3 slim with a slim pickings of options I'm not to worried. I play games here and there and thats all I am concerned about now. If I had an original I'd surely play with the OtherOS feature and the fact they removed it irritates me after it has been supported for so long... Link to comment Share on other sites More sharing options...
djnv2010 Posted April 23, 2010 Share Posted April 23, 2010 just last night i had to update to the "latest" and it was dated DECEMBER 9th 2009? that was quite odd!! Link to comment Share on other sites More sharing options...
bob_c_b Posted April 23, 2010 Share Posted April 23, 2010 Well having a PS3 slim with a slim pickings of options I'm not to worried. I play games here and there and thats all I am concerned about now. If I had an original I'd surely play with the OtherOS feature and the fact they removed it irritates me after it has been supported for so long... So you are irritated about something that was never an option for you anyway? Link to comment Share on other sites More sharing options...
Motoko. Posted April 23, 2010 Share Posted April 23, 2010 I'm not going to be paranoid thinking about this. If something went wrong during the fw process and has broken some features you can expect to hear an angry mob of console owners. It'll be stupid on Sony's part to exercise that form of control if they have it. Link to comment Share on other sites More sharing options...
Nagisan Posted April 23, 2010 Share Posted April 23, 2010 Actually that sentence doesn't mean they can update the firmware at will at all. It only means they'll update the contents of their music and video stores and such without asking you ;) I agree, after reading the quoted material, I personally did not feel that they meant they could update the Firmware in any way without asking the user. It says: "Some services may be provided automatically without notice when you are online"......note.... SOME, meaning not everything will be done without your permission. To me, that means they may update some of the content they provide (for example like you said, the stores) without needing your permission to do so. I personally do not see anything in the OP (more specifically, the quote and original source) that makes it sound like they can update the Firmware without your permission. Besides, if they did, they would get much more backlash then they got for removing the Other OS option. Link to comment Share on other sites More sharing options...
Max_Payne_UK Posted April 23, 2010 Share Posted April 23, 2010 Well having a PS3 slim with a slim pickings of options I'm not to worried. I play games here and there and thats all I am concerned about now. If I had an original I'd surely play with the OtherOS feature and the fact they removed it irritates me after it has been supported for so long... It really wasn't though. It was available but in no way was it supported. Link to comment Share on other sites More sharing options...
Brad. Posted April 23, 2010 Share Posted April 23, 2010 It really wasn't though. It was available but in no way was it supported. Agreed! I really dont care if Sony wants to update the console without my consent, I'm not doing anything illegal on it and I'm always eager to have the latest firmware! I'm not saying that only people doing illegal stuff hate the thought of not being asked before an update is installed - but hey. Link to comment Share on other sites More sharing options...
HawkMan Posted April 23, 2010 Share Posted April 23, 2010 I agree, after reading the quoted material, I personally did not feel that they meant they could update the Firmware in any way without asking the user. It says: "Some services may be provided automatically without notice when you are online"......note.... SOME, meaning not everything will be done without your permission. To me, that means they may update some of the content they provide (for example like you said, the stores) without needing your permission to do so. I personally do not see anything in the OP (more specifically, the quote and original source) that makes it sound like they can update the Firmware without your permission. Besides, if they did, they would get much more backlash then they got for removing the Other OS option. More importantly, the firmware isn't a "service". certainly not as referred to there. It runs services . Link to comment Share on other sites More sharing options...
+Audioboxer Subscriber² Posted April 24, 2010 Subscriber² Share Posted April 24, 2010 Nothing to do with the firmware, this has to do with stuff on the store, and the likes of adding BBC iPlayer without the need for the FW to update (icon appears if connected to PSN). Link to comment Share on other sites More sharing options...
Hedon Posted April 24, 2010 Share Posted April 24, 2010 Actually that sentence doesn't mean they can update the firmware at will at all. It only means they'll update the contents of their music and video stores and such without asking you ;) That isn't the way I read it. From time to time, SCE may provide updates, upgrades or services to your PS3? system to ensure it is functioning properly in accordance with SCE guidelines or provide you with new offerings.<br style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 0px; "><br style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 0px; ">Some services may be provided automatically without notice when you are online, and others may be available to you through SCE's online network or authorized channels. Without limitation, services may include the provision of the latest update or download of new release that may include security patches, new technology or revised settings and features which may prevent access to unauthorized or pirated content, or use of unauthorized hardware or software in connection with the PS3? system. Sounds much more than just the store updates (the store is on the servers anyway). Link to comment Share on other sites More sharing options...
Icarus ^i^ Posted April 24, 2010 Share Posted April 24, 2010 People have been complaining about updates being too large for PS3, asking for some sort of background downloading of patches... this suggests that it could be possible in future.. and still people bitch Link to comment Share on other sites More sharing options...
+Audioboxer Subscriber² Posted April 24, 2010 Subscriber² Share Posted April 24, 2010 People have been complaining about updates being too large for PS3, asking for some sort of background downloading of patches... this suggests that it could be possible in future.. and still people bitch You won't get that, EULA's have to be agreed to. They added automatic PS3 turn off for those who update just prior to going out/heading to bed/etc. Any time an update is available the PS3 won't connect to PSN and it'll pop up telling you to update, there's no way to be connected to the PSN without the latest firmware (unless it's one of the few optional FW's that sometimes roll out). Sony can add/remove features such as Home/iPlayer and other icons that pop up when online, and change content on the store without your permission, but they can't enforce an OS update, only block your access to a service (PSN) if you don't update. Link to comment Share on other sites More sharing options...
HawkMan Posted April 24, 2010 Share Posted April 24, 2010 That isn't the way I read it. [/i][/size][/font][/color] Sounds much more than just the store updates (the store is on the servers anyway). You're connecting two parts in a big block of text that aren't part of the same statement Soemti,es they will provide update to your PS3 system, ie the firmware. And when you're online they will automatically updat PS3 services/contents of services without your consent. i.e. mostly shop content and other dynamic stuff like the VidZone crap, though I believe that actually tells you it needs to update it's content every time you start it. So they may update sub services in the PS3 firmware, but they won't replace your firmware itself. DRM certificated for example falls easily under what they write. Link to comment Share on other sites More sharing options...
Hedon Posted April 24, 2010 Share Posted April 24, 2010 People have been complaining about updates being too large for PS3, asking for some sort of background downloading of patches... this suggests that it could be possible in future.. and still people bitch Background downloading would be tight. Bring it on! Link to comment Share on other sites More sharing options...
1337ish Posted April 24, 2010 Share Posted April 24, 2010 The thing that concerns me most is the fact these stealth updates have (as they admit themselves) a brick risk and they tell you to backup often. Thats a big change from before when I would know I was about to do an update and backup then before installing it. The other thing is that because no one reads the small print, most people wont realise they need to start doing this. As for background downloading, that I would like but wtf, it should download it then ASK ME IF I AM READY TO INSTALL IT. I am not suprised sony have done this stealth crap, really they are a pretty aweful company now tbh and they fully believe in an Apple'esk mantra of "we are your masters, accept it and pay" Link to comment Share on other sites More sharing options...
Nagisan Posted April 24, 2010 Share Posted April 24, 2010 You won't get that, EULA's have to be agreed to. They added automatic PS3 turn off for those who update just prior to going out/heading to bed/etc. Why not download in the background then, when completed, pop up the EULA and ask users to update? It should have some settings like Windows Update, where you can tell it to download but do not install without my permission. That way, users could (while playing a game or something) let the update download, then when they are done, they can go through the install process and read the EULA. That way, you can download in the background, so if you wish to install the latest Firmware, you can at any time. Link to comment Share on other sites More sharing options...
+Audioboxer Subscriber² Posted April 24, 2010 Subscriber² Share Posted April 24, 2010 Why not download in the background then, when completed, pop up the EULA and ask users to update? It should have some settings like Windows Update, where you can tell it to download but do not install without my permission. That way, users could (while playing a game or something) let the update download, then when they are done, they can go through the install process and read the EULA. That way, you can download in the background, so if you wish to install the latest Firmware, you can at any time. Updates only take most people around 5 mins, so I doubt they'll ever bother to do that. The turning off the system was added for people with little time so they could start updating then leave their PS3. But yes it would be a lot better to let people download in the background, however about 5-10 mins into your game you'd be prompted to install and unless you're playing a PSN title you can't really do much in any game in 5-10 mins once you've booted it up and loaded your save game file. Link to comment Share on other sites More sharing options...
c3ntury Posted April 24, 2010 Share Posted April 24, 2010 Whats the issue? Less potential bugs on systems, more security and more - and considering there is no currently unpatched exploit out there for playing pirated games its not like the pirates will be whining about "not being able to play homebrew" when its not possible atm. Link to comment Share on other sites More sharing options...
Corris Veteran Posted April 24, 2010 Veteran Share Posted April 24, 2010 The thing that concerns me most is the fact these stealth updates have (as they admit themselves) a brick risk and they tell you to backup often. Thats a big change from before when I would know I was about to do an update and backup then before installing it. The other thing is that because no one reads the small print, most people wont realise they need to start doing this. As for background downloading, that I would like but wtf, it should download it then ASK ME IF I AM READY TO INSTALL IT. I am not suprised sony have done this stealth crap, really they are a pretty aweful company now tbh and they fully believe in an Apple'esk mantra of "we are your masters, accept it and pay" What are you going on about? The "stealth updates" are for things like the BBC iPlayer that result in an icon appearing if your IP is in the UK, and such things as the PSN store and other applications or services they provide. They aren't updating the Firmware behind your back, stop making things up because you and the people who wrote this article are pulling things out of thin air. Link to comment Share on other sites More sharing options...
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