Home Gaming Sony save themselves and damn you with new Terms Of Service

Sony save themselves and damn you with new Terms Of Service

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I wouldn’t blame you from not trusting Sony anymore after reading the changes to their new terms of service for their PLAYSTATION(R)Network accounts. In a move that pretty much detaches them from any kind of responsibility on almost all fronts and allows them to essentially “employ” you for free by having full access to any user created content you may create, the term “draconian” just isn’t enough anymore. But that’s not the worst of it, more after the jump.

In a story put up on Ars Technica Sony also has the right to keep records of anything you say or do online, or to simply listen in. “SCEA reserves the right to monitor and record any online activity and communication throughout PSN and you give SCEA your express consent to monitor and record your activities,” the agreement reads. “Any data collected in this way, including the content of your communications, the time and location of your activities, your Online ID and IP address and other related information may be used by us to enforce this Agreement or protect the interests of SCEA, its users, or licensors.”

And people were complaining about spore’s DRM…

You have also just become Sony’s new advertising department. Sony wants to make sure they can use whatever you create without being caught in any legal entanglements. “To the extent permitted by law, You authorize and license SCEA a royalty free and perpetual right to use, distribute, copy, modify, display, and publish your User Material for any reason without any restrictions or payments to you or any third parties,” Sony explains. “You further agree that SCEA may sub-license its rights to any third party, including its affiliates and subsidiaries. You hereby waive all claims, including any moral rights, against SCEA, its affiliates and subsidiaries for SCEA or any other third party’s use of User Material to the extent permitted by applicable law.”  So anything you make is not yours, it’s theirs and there’s nothing you can do about it.

So at the end of the day Sony are just doing everything in their power to save their own butts. Maybe the fact that Xbox live subscribers pay for their service and that Microsoft has forced such a closed nature to Xbox live doesn’t look so bad now? But maybe it is, having a look at Microsoft’s TOS for Xbox Live, they are not that far behind stating in terms of voice messages and the like that “These communications may be monitored; however, we cannot monitor the entire Service and make no attempt to do so. You understand that these communications can be recorded and used by others. Some games may utilize game managers and hosts. Game managers and hosts are not authorized Microsoft spokespersons, and their views do not necessarily reflect those of Microsoft.
We do not routinely monitor your use of the messaging features of the Service. However, to the maximum extent permitted by law, we may monitor your messages and may disclose information about you, including contents of messages, if we deem it necessary to: (1) conform to legal requirements or respond to legal process, (2) ensure your compliance with this contract, or (3) protect the rights, property, or interests of Microsoft, its employees, its customers or the public.”

I guess we had all better start watching what we say to each other over PSN or Xbox Live a little more carefully.

Here’s a link to Sony’s and Microsoft’s full Terms of Service.

Source: Ars Technica

Thanks to Ewie for the tip!

Last Updated: October 21, 2008

16 Comments

  1. darthdad

    October 21, 2008 at 16:08

    So in other words MS charge you for your stuff and Sony don’t?

    Reply

  2. SlippyMadFrog

    October 21, 2008 at 16:28

    I don’t see whats wrong with Sony and MS watching your activity and communication on the on-line networks. They own it and they need to protect other users.
    What I do not like though is that Sony magically owns anything you create on the PSN. Thats a bit crazy imo.

    Reply

  3. kabraal

    October 21, 2008 at 16:29

    Sounds like SARS. Once you sign up you’re fucked. Ah well, they can do what they want. Just give me my xmas games.

    Reply

  4. Flameboy

    October 21, 2008 at 16:30

    NO Sony can sell your user created content and you get nothing.

    Reply

  5. darthdad

    October 21, 2008 at 16:38

    How do MS treat user created content?

    Reply

  6. darthdad

    October 21, 2008 at 16:38

    Genuine question.

    Reply

  7. PillsburyDeeBoy

    October 21, 2008 at 16:52

    Nothing to see here, folks. Move along. What exactly were people expecting? An open revenue model? Come now. It’s just good business.

    Reply

  8. Flameboy

    October 21, 2008 at 16:54

    I really don’t know….

    Reply

  9. PaasHaas

    October 21, 2008 at 16:56

    Afaik MS doesnt support user generated content at all. Same reason why only the PS3 version of UT3 supports mods.

    Maybe it changed along the line but thats how it was last time I heard

    Reply

  10. Strife Lives

    October 21, 2008 at 17:27

    Until your voice gets used in a Killzone 2 ad ‘I GOT A KILLLLL ! ! Yay ! ! ! ‘

    Reply

  11. easy

    October 21, 2008 at 17:41

    all terms and conditions share the same ‘draconian’ stance. the best thing to do is not read them, its better that way all round.

    Reply

  12. SlippyMadFrog

    October 21, 2008 at 18:44

    Actualy, there are games on XBL that support user created content like Halo (Forge), Forza (custom paint jobs), Farcry Predator (map creator), ect. I don’t think any created content will be good enough to sell though.

    Reply

  13. Banana hammock

    October 21, 2008 at 19:35

    Lol, this is a shocker of an article. There is absolutely nothing wrong with this at all.

    Reply

  14. ewie

    October 21, 2008 at 20:21

    but how many people read the EULA , at least this is informative

    Reply

  15. Kale

    October 22, 2008 at 09:48

    Oh no… now I have to stop organising contract killings and governmental secrets through my PS3… 🙂 I think any company needs to cover their ass since so many people try and screw companies these days – and vice versa. Especially Sony allowing people to create user created content. Which by the way most software disclaimers prohibit the selling of any content created with their software and/or tools. And also why not, the world sharing ideas through open non profit means (in Sony’s case by not charging for the online experience) is a great way of great new ideas coming to light. Portal anyone, team fortress, these were ideas of other individuals and look where they are now. Yea someone makes a profit off it somewhere that’s the way of the world, but if you have some sensitive information I don’t know why you would be using your PS3 anyway…

    Reply

  16. LazySAGamer

    October 22, 2008 at 12:04

    This just raised a thought… if Sony instantly takes ownership of any content created on PSN are they also therefore responsible for the offense THEIR content causes?

    Reply

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