as far as legality goes sony could probably just purchase some new laws. and it does seem like alot of trouble to prove the firmware was updated you could track the invoice or something to that effect and see what firmware was shipped with the unit. i mean technically if you have the original sales recipt or box to prove this the purchase date or product serial would indicate time of manufacturing. also indicating which firmwares were being shipped with the units. if we want to make a fuss out of this sony could go as far as saying that adults need to purchase and or update the units and anyone under 18 would be in violation of the contract. and ultimately the parent is responsible. Would any of this hold in court maybe who's brave enough to find out?
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