SCEA's Jack Tretton has some questions that need to be answered like why did he drop Linux from the PS3 to finance the BC-100 a device that uses the same cell processor as the PS3.
What people want to know is why did he drop the support for linux on the PS3's when they were clearly advertised and promised
many of SCEAS were quoted in the following:
11:05: The next question talks about XNA (without directly mentioning it) and how it puts some of the power of making games into the hands of average users. Is Sony considering a response? Phil says that Sony started that with the Net Yaroze on the PS, continued it with Linux on the PS2, and is now continuing it with Linux on the PS3. Sony will continue to support that kind of homebrew and organized development initiatives.
dice sumit 07
Phil Harrison at that DICE summit.
“Please be assured that SCE is committed to continue the support for previously sold models that have the “Install Other OS” feature and that this feature will not be disabled in future firmware releases.” - Sony’s Geoff Levand
Sony's Geoff Levand could not be found on Sony's List of contacts when I called there main umber.
Actually, since we are dealing with common law here, every lawyer should know what they are talking about. Common law is the first thing any law/business student learns at college. I've even gone and asked my law professor about the situation and he said it sounds like Sony is in a heap of trouble for this.
Here is the gist of what he said:
It is NOT that the EULA can't be enforced. It is that a company isn't allowed to put blanket statements in like the ability to take away a feature for whatever reason they want.
10-20 years from now, once the PS3 has run its course, Sony would definitly be able to shut down the PSN service without retributions. This is because of the EULA, but it is a reasonable use of the EULA.
Sony can not use the PSN as a slab of meat to dangle in front of consumers to force them to do what they want, and hide behind the EULA when the consumer doesn't agree with them.
End Professors talk.
We went three weeks going over contracts, and we covered how EULAs work and how they are usually enforced in court. Anybody can easily read an EULA and see what will be enforcable and not enforcable. It mainly depends on if it is a blanket statement or not. For example:
"Sexually abusing other PSN members can result in losing your PSN access." = Enforcable
"We reserve the right to pull the PSN service for any reason whatsoever" = Not Enforcable
The EULA is an enforcable contract, but any blanket statement in the contract will be immediatly thrown out of court.
1. PS3 was sold as a computer as well as a gaming console
computers rarely have NAND flashes prevent the user from downgrading the OS (I suspect it's illegal, but not sure)
2. PS3 still is used as computers by professionals
many of these professionals work either for government agencies or federal-grant-receiving universities
thus many of these PS3's were bought with taxpayer dollars
3. After the slim was released, these ps3's could only be replaced by used ps3's and parts
4. in one day, Sony destroyed nearly the entire market for used replacement units
5. Sony has more expensive Cell research products in the works, and an interest in all Cell products, like IBM's, as Sony is a Cell co-developer
therefore Sony is ripping off researchers, including the government, including taxpayers, by destroying an existing product to enhance sales of a new product.
Sony's Jack Tretton has takenthe abuse of ToS to a new level he has cheated thousands if not millions of consumers that had "Other OS" and he forcibly removed the Other OS and said it was an "Option" to update or not.
Sony's definition of choice is to either do "With out the PSN" or to do with out the "Other OS"
and because sony "Hijacks ones PSN" this prevents users from accessing there "Wallets" to add or to remove money and Sony refuses to refund or to return the money if a person Choses not to update.
Sony says that this update was necessary for a security issue,it posed a threat towards ain law known as "intellectual property"
Here is Jack Trettons Choices with he update
I was effected by the update as I had been to far from the tv to update, I lost everything that I had on my Linux documents from family videos and pictures to backed up software.to written works that cannot be replaced.
The reps also seem confused on what they can and can not do.