The Legalitys of Firmware Updating

[MUDD]

i swore of ciggs and coffee today ,there goes that

didnt i just say yesterday that this wouldnt hold in court ,i watch judge mathis ppl im telling you i know stuffs like this ,ppls come to me all the time for legality advice ,its like a calling or something like superhero powers

[DPyro]

Some important info from the agreement that everyone should read.

"This User Agreement can be accepted only by an adult 18 years or older. By accepting the User Agreement, you affirm that you are an adult 18 years or older and you are accepting this User Agreement on your own behalf or on behalf of anyone that you allow to use your account, including, if applicable, your minor child or children."

"No warranty is given for the quality, functionality, availability or performance of the content or this site. SCEI reserves the right to modify or withdraw the content at any time. To the fullest extent permitted by law, SCEI excludes all liability for any loss of data, damage caused to your software or hardware, and any other loss or damage suffered by you or any third party, whether direct, indirect, incidental or consequential and however arising, as a result of downloading content to your PSP® system."

[mnuhaily22]

HAHA, good stuff, but it would be cheaper to just buy a 1.5 from ebay or wherever else.

[Juanton3790]

If this happens den sony will eventually stop PSP support. If u upgrade den live wit it, wait 4 a downgrader and stop upgradin. Stop Bitchinn

[F9zDark]

Alright people, first you have to understand that a "Law" is nothing more than a bureaucrats opinion backed by a gun. Now, updating firmware is in no way a contract. A valid contract requires four elements, in no particular order they are an "offer", "acceptance", "consideration", and a "meeting of the minds".

The End User License Agreement is a contract. In the US these contracts are legal, however I have heard that in some countries these are not legal.

But as with any contract, it is the USER who needs to read it carefully before agreeing to it. In fact, just owning the PSP and being underage is a 'breach of contract' since there is the EULA in the manual. So, by purchasing a PSP, the minor relinquishes any rights he/she would have had in court since they have already 'agreed' to a legally binding contract when they are not of legal age.

In fact, agreeing to a contract where one is not legally allowed falls onto the one who did so (read: the minor committed a crime). NDAs for instance require 18 year olds to sign up, because its a legally binding contract that if, I should decide to tell SOE about Blizzard's new WOW expansion or what have you, I can be taken to court by Blizzard for breach of NDA.

Also, keep in mind, that these contracts don't exist to protect the USER. They exist to protect the COMPANY. If you are underage and download an update and bind yourself illegally to a legal contract, thats your choice. But said contract is there to protect the company's interests, not the user.

*Edit*

To sum it up, this would not work at all in the court system of the US and would be a severe waste of money. Companies like Sony have the power to bankrupt other entities with legal costs alone. Why in God's name would anyone want do such willingly to themselves is beyond all reason and one would seriously get further by buying a 1.5, hiring someone to make a downgrader, etc.

[samthegreat68]

but why would you update your 1.5 just to send it back and get a different one?

thats the dumbest waste of time ever

[Khorney]

"This User Agreement can be accepted only by an adult 18 years or older. By accepting the User Agreement, you affirm that you are an adult 18 years or older

that basically means your in the wrong if you are under 18 and upgrade. its like entering an incorrect date of birth to see vids of 15 games on IGN (for example).

that said, it does potentially alienate large chunks of the market if they want to play a game aimed at younger children and its for 2.81, but legally they cant upgrade.

not that anyone reads these =P