PS3 hack users to be shut out of PSN

**Shrygue** · February 16th, 2011, 18:24

via Eurogamer

Any PlayStation 3 user found to be running "unauthorised or pirated software" will be barred from accessing PlayStation Network or Qriocity, Sony has warned.

A statement published today on the PlayStation Blog advised anyone using the recent GeoHot hack to immediately stop doing so, remove any relevant devices from their system and delete all pirated software.

The full statement read:

"Unauthorised circumvention devices for the PlayStation 3 system have been recently released by hackers.

"These devices permit the use of unauthorized or pirated software. Use of such devices or software violates the terms of the "System Software License Agreement for the PlayStation 3 System" and the "Terms of Services and User Agreement" for the PlayStation Network/Qriocity and its Community Code of Conduct provisions.

"Violation of the System Software Licence Agreement for the PlayStation 3 System invalidates the consumer guarantee for that system. In addition, copying or playing pirated software is a violation of International Copyright Laws.

"Consumers using circumvention devices or running unauthorized or pirated software will have access to the PlayStation Network and access to Qriocity services through PlayStation 3 System terminated permanently.

"To avoid this, consumers must immediately cease use and remove all circumvention devices and delete all unauthorised or pirated software from their PlayStation 3 systems."

Blog manager James Gallagher then jumped in to temper the chilly legal speak.

"By identifying PlayStation 3 systems that breach our guidelines and terminating their ability to connect to PlayStation Network, we are protecting our business and preserving the honest gameplay experiences that you expect and deserve.

"Rest assured, this message does not apply to the overwhelming majority of our users who enjoy the world of entertainment PlayStation 3 has to offer without breaching the guidelines detailed above, and we urge you to continue doing so without fear."

**Fonixx** · February 17th, 2011, 00:00

Yeah fair enough if Sony finds you running unauthorised software then you signed an agreement when you join PSN so you are breaking their "Laws", but i was asked to sign f**k all when i bought my consoles, so until you forced to sign a contract before the store hands over your console i'll never accept any law restricting what i can do on my own property. I mean if i want to modify the FW on my Dvd player to work as a multi-heat waffle iron i'll damn well do it.

**mib_** · February 17th, 2011, 14:09

Originally Posted by Fonixx

Yeah fair enough if Sony finds you running unauthorised software then you signed an agreement when you join PSN so you are breaking their "Laws", but i was asked to sign f**k all when i bought my consoles, so until you forced to sign a contract before the store hands over your console i'll never accept any law restricting what i can do on my own property. I mean if i want to modify the FW on my Dvd player to work as a multi-heat waffle iron i'll damn well do it.

You agreed to the EULA when you switched on your console for the 1st time and clicked "ok", and again when you connect to PSN. I'm guessing you couldn't be bothered to read that legal document before you signed it?

You own the hardware, but you're licensed for the software, which includes the firmware. So no, you can't do what you like with it. It's Sony's code, not yours, they're allowing you to use their code in a very specifc way. You're not allowed to modify it at all. period.

If you can't agree with the license terms, return your PS3 to Sony for a refund.

If you bought your PS3 2nd hand, you're STILL bound by the EULA.

The EULA is a legally binding contract which YOU agreed to by using the PS3.

Running homebrew on a PS3 IS illegal. The EULA states you're only allowed to run code that's authorised by Sony, and homebrew isn't authorised.

**Fonixx** · February 17th, 2011, 16:17

I did buy used and i signed and agreed to nothing before or after purchase, and the console's never left the confines of my property. But i agree that pirating software is taking something that doesn't belong to you, but these consoles are wholey mine, so just like i can legaly carve up a piece of furniture with a copyrighted shape i expect to be able to modify my own console and use uncopyrighted homebrew on it, but if i did choose at any time to access PSN after this then i'll accept Sony's wrath.

**VampDude** · February 17th, 2011, 17:35

One reason as to why I have two PS3's, one for regulated gaming and the other for whatever I please.

Sure, I've paid SONY twice for the same console, but it's worth every penny spent to have all the benefits.

***Darksaviour69*** · February 17th, 2011, 18:27

Originally Posted by mib_

You agreed to the EULA when you switched on your console for the 1st time and clicked "ok", and again when you connect to PSN. I'm guessing you couldn't be bothered to read that legal document before you signed it?

You own the hardware, but you're licensed for the software, which includes the firmware. So no, you can't do what you like with it. It's Sony's code, not yours, they're allowing you to use their code in a very specifc way. You're not allowed to modify it at all. period.

If you can't agree with the license terms, return your PS3 to Sony for a refund.

If you bought your PS3 2nd hand, you're STILL bound by the EULA.

The EULA is a legally binding contract which YOU agreed to by using the PS3.

Running homebrew on a PS3 IS illegal. The EULA states you're only allowed to run code that's authorised by Sony, and homebrew isn't authorised.

Its not a simple as that. EULAs are not always legally binding if the courts decide that the EULA is excessive. Also in some countries (germany) EULAs have to be signed before purchase so the PS3 EULA would not be valid.

**Fonixx** · February 17th, 2011, 19:03

Exactly and i think the biggest point for me is Sony never advertised or indicated that you entering into a contract in any way before you purchase it and legaly that just shouldn't be done, but games each have their own individual copyright and legal notices so the piracy part's covered, and to me a contract never really applies untill it's been legaly challenged and proved to be fair or you have an independent witness that shows you read and understand the T&C's.