Posted Oct 23, 2006 at 06:43AM by Maia L. Listed in: Off Topic, Opinions & Analysis Tags: Sony, PS1
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Sony PSP


Just recently, Birdman ran an article concerning the legality of firmware updates for the Sony PlayStation Portable console. The post by hey u at the Sony forums, generated lots of comments. He argued that updating firmwares can be considered a legal transaction and since minors are not allowed to enter in a contract, the update is void. With this, hey u claimed that Sony has the responsibility to downgrade the minor's PSP firmware to its original conditions.

In his words, hey u said, "Well, it seems I may be on to something. I was thinking, that since a minor may not enter into a contract, which is what an update is, sony would have to restore it to its original condition if a minor updated it. Now the problem is, how do you prove that a minor updated it?  It sux, because I would definately pull this on them if I could prove I updated. Any thoughts, I mean someone should video tape themself with their Photo ID in the pic, and update, thenget sony in court and see if they would comply. They would have to...... Its The Law!!!"

hey u has a point in his post, but then we don't think Sony would honor such a claim. In the first place, you must first prove in court that the person is indeed a minor. Someone even commented, "Homebrew is already completely legal under the Fair Use act. Sony cannot legally bind ANYONE to an illegal contract, which is what they're trying to do when they make you update." But we haven't checked if this is true.

Just a quick tour down memory lane, the 1.00 version of the first launch Japanese-only PSP allows homebrews to run in its system. When it was upgraded to 1.5 firmware, also called the golden firmware, hackers were able to hack the codes to allow homebrews like DevHook to run. DevHook allows PSP users to emulate up to 2.71 firmwares so you could opt not to upgrade your current 1.5 firmware.

Sony has tried to entice PSP users to upgrade their firmwares by adding new features in new firmwares. Take for example the current firmware which is in 2.81. It allows the PSP to download videos and images from RSS content and a 3.0 firmware is already rumored to be on its way which will be able to host PS1 games on your PSP.


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83 Comments


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   by KirbySS - 2006-10-23
 » Pfft

Sony should just change the EULA to say that the firmware may only be upgraded. EULA offenses are pretty big court cases these days.

   by no U (Unregistered) - 2006-10-23
 » NO U

NO U

   by :( (Unregistered) - 2006-10-23
 » :(

:(

   by Kloud - 2006-10-23
 » By god...

I think that boy's onto something.

But then again like Kirby said, they could just change a few words in the fine print without telling you, then BAM in court they pull out their magnifying glass AND THAT FINE PRINT, and you're screwed :/

   by Vietone - 2006-10-23
 » This will never fly

By purchasing a PSP, Sony has legal rights over it. You only have a license to use a PSP. You dont own any IP that deals with the PSP and therefore you cant sue Sony when they update their own product.

This like saying Microsoft has to rollback to previous editions of windows because a Minor updated the PC to Service Pack 2 or the upcoming Service Pack 3. Because you have to agree to the EULA before you install, a minor cant update the PC since they cant be binded to a contract.

This will never fly in court. Software companies have been using updates and requiring people tp update in order for the software to continue functioning.

Windows Genuine Advantage anyone? If Sony loses this battle, Microsoft will be taking a bigger hit then Sony ever will. Thats hundreds of Millions PCs that Microsoft will have to investigate, rollback, and then develop a secure system of age verification just to get windows updates.

This seems to be just another Anti-Sony thing.

Not to mention this also applies to all firmware/software updates Including the PS3 and Xbox360.


   Re: KirbySS - 2006-10-23
 » RE:

Quite right. People should actually read the EULA. One guy got a thousand (?) bucks out of it.

   Re: FreePlay - 2006-10-23
 » WRONG.

When you buy a PSP, YOU OWN THE PSP. Period.

   Re: KirbySS - 2006-10-23
 » Nuh uh

Incorrect, Freeplay. Go learn about licensing and EULA's.

Software, for example. When you buy a game, you don't own the game. You own a copy of it, and the right to use it. THAT'S ALL.

   Re: Advertising -


   Re: FreePlay - 2006-10-23
 » Are you insane?

I didn't agree to a EULA when I bought the PSP. I BOUGHT THE PSP. The system software ITSELF may be Sony's property, but the PSP is MINE.

   Re: KirbySS - 2006-10-23
 » Sigh

Go read about shrink wrap licensing. By opening the box, you agree to the terms within. If Sony were to change those terms to say "No, you can't downgrade the firmware or use a firmware not made by us" then they would be fine.

   Re: Rights (Unregistered) - 2006-10-23
 » RE:

When u buy a PSP, you physically buy the unit. U do not however own the rights to the technology that connects the components together or the firm/software in the memory. U may use the PSP for any personal reasons. You own a licence to use the psp and the firmware. you may not make copies or modify the licensed materials
   by Polymira (Unregistered) - 2006-10-23
 » Dude...

Whoever wrote this has horrible grammer... Is english not your first language? How much do you know about the psp homebrew scene? You sound like a 13yr old trying to pro blog =/ Whatever.


   Re: thebeeg - 2006-10-23
 » Stoooooopid lol

hah you can talk. grammar is spelt G.R.A.M.M.A.R, not grammEr. Think before you type fool.

   Re: chaos (Unregistered) - 2006-10-23
 » .

lol OWND

   Re: DaveyBoy (Unregistered) - 2006-10-23
 » Right...

...and "english" should be capitalized. Also, "13yr old" would more properly be written "13-year-old".

Three strikes %u2014 you're out!

   Re: Innernets (Unregistered) - 2006-10-23
 » LOL

OWNED! Get your ass back to 3rd grade, child.

   Re: meh (Unregistered) - 2006-10-23
 » ....

english should not be capitalized, you capitalize the first letter of countrys, not from languages...dumbass

   Re: Advertising -


   Re: Jaime (Unregistered) - 2006-10-24
 » haha

Haha... calm down
   by Mercenary - 2006-10-23
 » get a life

hey u needs more to do in his life.

Hes proberbly reading this post right now thinking hes done a good job to get in the press as he shines his pens and kills another wizard in dungeons and dragons.

Hey u, get a life. There is more to do than picking up on such a meaningless thing as this.


   Re: kfl (Unregistered) - 2006-10-23
 » huh

And here you are posting on a Playstation news site.
   by The_Robster - 2006-10-23
 » MY GOD

Ok. so minors can't upgrade and they will just miss out on the extra protection, people can exploit minors as an excuse to downgrade, and hundreds of people will be able to pirate isos at firmware 1.50 ANNDD get away with not deleting the file within 24 hours? THAT *****ING SUCKS! NOW I'LL HAVE COMPETITION WHEN TRYING TO HACK SOCOM!


   Re: polonius (Unregistered) - 2006-10-23
 » No

you cant compare a bata 95 since microsoft has stopped supporting 95 and 98 they are in effect free. You can ask Microsoft for a 98 or 95 license and they will give it to you no charge.

   Re: FreePlay - 2006-10-23
 » Re: polonius

No. NO. NO! They are NOT free.
   by The_Robster - 2006-10-23
 » NOT TO MENTION

THAT I HAVE TO BUY WINDOWS 95 BETA AND DOWNGRADE MY PC JUST TO SHOW THAT I RESPECT SOME F*CKING LAW? haoisDXasdnasowfcqwsfoqwoiqfoiho...*cough*....





....*Dead*

   by Strangler (Unregistered) - 2006-10-23
 » re

Even Sony knows the PSP is a failure.

Hardware sales have been in the toilet worldwide. The PSP can barely manage selling 120,000 units a month in the USA. Meanwhile the GBA has been outselling the PSP in every single month since the PSP released.

The DS has beaten both the PSP and the GBA for at least half of the time the PSP has been on the market.

Meanwhile, there hasn't been a single top selling PSP game on the NPD charts for the last 9 MONTHS.

www.vgcharts.com

Developers are dropping PSP projects left and right and after reading this thread, its not hard to see why.

Here we have a bunch of PSP die hards defending the PSP from criticism (all of which is true) and yet at the same time you are all glorifying piracy, and thats the very thing that's destroying the PSP.

lmao.

The irony is hillarious.

If you think piracy isn't hurting the PSP then you are a complete moron.


   Re: Ladsaber (Unregistered) - 2006-10-23
 » WTF?

Your article should be divided,while i only read the last part wich is right piracy hurts,the rest is bullcrap at its finest.

Sales had nothing to do,infact PSP sales are the Solid sales ever,they never go down and they always go up,while Nintendo depends on pokemon and the overhype.PSP depends on the games since the ads are bland and they never seem to do justice to the PSP.

Saying PSP is a failure is from nintendo *****s that really like to bash other system since my opinion the Ds is a huge failure in entertaiment for its lacks of games.

If you look at the charts,yeah ds always on top.But with the same games,you are only buying a 1 hit handheld,the PSP has a lot of good titles that get in the same time so instead of one is divided on 5 or 10.

In the developer issue excuse me but PSP 3rd Parties>>>>>Ds 3rd parties.

All of this is true.

Im all against piracy since im on the developing buisness,people that believe piracy dont hurt anyone since they believe companies have millions more are wrong.

Maybe the company but the poor dudes that work from that company what?,Screw them lets squeeze them until they understand that we want stuuf for free even if they got fired because we are a bounch of Buttholes?.
I dont thinks so.

To recap Strangler 3/4 of his post +To Bull *****,but the final 1/4 +Right,piracy is wrong.

   Re: Soulquarian (Unregistered) - 2006-10-23
 » Not True

The DS is a success because it has a built in userbase. Nintendo has ALWAYS been a family friendly company, and naturally, whenever they come out with a system, the majority of people buying those systems will be kids.

The portable market has always been a kids one. The PSP is changing that. However, Sony needs to do a much better job of really advertising what the PSP can do. The average PSP owner doesn't even know that can surf the net!

Over the past 6 months, the PSP has had more high rated games than the DS. According to IGN, it's almost 2-1. That means the PSP has TWICE as many good games as the DS.

People should stop repeating what they hear without researching for themselves, and Sony needs to advertise what the product does instead of making animated dust balls.
   by Advertising -
   by The_Robster - 2006-10-23
 » Piracy is inevitable

they make DS isos at my favorite rom site (personally i have no use for those) yet the DS is still succeeding. So, piracy ISN'T the problem. It's the fact that they don't have any GOOD games left and that no one knows about homebrew, and at the same time are selling their own psp's at a garbage low price just to get a ds.THIS IS HOW THE DREAMCAST WENT DOWN! IS THIS GETTING THROUGH YOUR HEADS? "those who don't learn from history are doomed to repeat it". Looks like sony repeated this dreamcast a long time ago...


   Re: polonius (Unregistered) - 2006-10-23
 » not entirely

sony is not repeating, they are making history. The psp is not out for the count, sony will be bringing in the PS3 as backup for the PSP. The PS3 will be the deciding factor if the PSP will make or brake, that is the First Generation PSP, since there is a new PSP with HDD in the makings.

   Re: GeoLod (Unregistered) - 2006-10-23
 » You're Wrong

The only reason the DS isn't failing because of piracy is because it's so much harder to pirate on the machine. Just like it's a lot harder to pirate PS1 games compared to Dreamcast games. For the DS you need to buy a special cart for PsP you just need to download a program. For the Ps1 you needed to buy a chip for the Dreamcast all you had to do was burn the games. Piracy is illegal and kills machines because of low game sales. If a company has a choice between making a game for a platorm that allows pircay or making a game for a platform that doesn't 9 times outta 10 they make it for the machine that doesn't.

GET IT THROUGH YOUR HEADS PEOPLE, if your pirating YOUR the one killing game sales and turning off developers NOT SONY.

   Re: colin (Unregistered) - 2006-10-23
 » homebrew!

if sony let the PSP run homebrew then the sales would go through the roof! and dont give me that crap about not playing ISO's, barley anyone does that.

   Re: PurpleShadow (Unregistered) - 2006-10-24
 » Wait a second

Didn't thedreamcast go kaput because it was released only a short while before the next generation of game consoles (PS2, XBOX, GCUBE)
   by Sinister - 2006-10-23
 » tis adware

The firmware updates are actually classed as adware anyway because it's denying you access to your programs so you buy their products and stuff. I can go into more detail but I can't be bothered because I'm eating my dinner.

   by Strangler (Unregistered) - 2006-10-23
 » re

http://videogames.yahoo.com/gamemain?cid=1951020118&tab=&page=0&eid=-1

Advent Shadow Cancelled

http://shopping.yahoo.com/p:BloodRayne%20%5BCancelled%5D%20PlayStation%20Portable:1951020490

Bloodrayne PSP Cancelled

http://www.edery.org/2006/03/psp-keyboard-cancelled/

Devs are even cancelling PSP accessories.

On the subject of cancelled PSP projects, I just saw a list naming 13 major devs who are giving up on their PSP projects. One of them was Ubi-Soft.


   Re: LAdsaber (Unregistered) - 2006-10-23
 » Nothing better to do

Well it seems you got banned for flaming in some forum,and now you as a defeated loser, you come here to see how you flame.

"Advent Shadow Cancelled"

So,it was never confirmed,Duh.

"Bloodrayne PSP Cancelled"

Too bad but again did someone care?.I heard something about 2007,lets see.Also there was never a screenshot.

"Devs are even cancelling PSP accessories."

Cellboost....No,Pelican......No,Datel.....No,3rd party batteries.....No,3rd pary useless crap.....No

And preety much were bad stuff,i mean they look cheap and burst in flames.Maybe Someone throw them a lawsuit.

"On the subject of cancelled PSP projects, I just saw a list naming 13 major devs who are giving up on their PSP projects. One of them was Ubi-Soft. "

So PoP the twin swords is an invent of my imagination and rainbow six was just a practical joke....Right.

Sorry,but that was bullcrap,Also those "News" are from months ago.you can declare ownage or failure of the PSP since is from the time when the mayor issue was
The fall of the PSP,which again is still here.

Your try to flame the psp was a total failure.

Its going to be dead when they stop releasing good games which hasnt happen,for me NDS is dead
People that use sales and use a zoom on imperfects of other devices is truly pathetic since it means they just try to prove their stuff isnt cheap crap,in your case Nintendo DS.

I declare Ownag3
   by RaiderX - 2006-10-23
 » DOWNGRADES FOR ALL!

even though this story was out like 2 days ago

   by Shamoo - 2006-10-23
 » It's just an update

It's not the end of the world or worth going to court over lmao

   by LoL (Unregistered) - 2006-10-23
 » ur crazy

dude the only reason to have 1.50 is to run illegal back ups
your the people who makes sony do this if people wont run illegal back ups they could release applications with warranty and stuff better than hombrew


   Re: Sinister - 2006-10-23
 » You're an idiot

'Nuff said.
   by Giz (Unregistered) - 2006-10-23
 » .

So are minors not allowed to buy anything at retail stores? There is a return policy which they agree to at the time of purchase. Does that allow them to return anything at anytime because they are not an adult? hey u is a *****ing idiot.


   Re: The_Robster - 2006-10-23
 » oh and by the way

sony and the majory of piraters/psp brickers are the real idiots here. Hey u just added fire to the fuel.

   Re: FreePlay - 2006-10-23
 » ...

Return agreements are not legally-binding documents. When you agree to the terms set out in the firmware's EULA, you are *explicitly* agreeing to be bound by a *contract*.

   Re: PurpleShadow (Unregistered) - 2006-10-24
 » Just a quickie

The_Robster: Don't you mean fuel to the fire?
   by The_Robster - 2006-10-23
 » Law also says

that minors are not allowed to leave their house without a sign that says "im a minor! use me for a downgrader and throw me in the trash afterwards! just dont let sony see!"




BLEH!

   by sam (Unregistered) - 2006-10-23
 » I have proof i upgraded

When I registered onto yourpsp.com I said I was 13 and I downloaded updates from there.

   by www.smoakz.de.vu (Unregistered) - 2006-10-23
 » smoakz.de.vu

BEST PSP FORUM_-ISO DOWNLOADS 4 FREE !!!!!!!


   by dbr - 2006-10-23
 » PSP games & required firmware update

What sucks big time at the moment, is the required firmware update with the latest games. If I want to keep my present firmware and not update it to the latest version, I can't even play the game I purchased!! If the gameplay requires updating to the latest firmware, it should read in the game box, like the copy protection in the music cd's. That way the customer can decide whether he wants to update and play the game or not buy it at all.


   Re: The_Robster - 2006-10-23
 » ONE WORD

DEVHOOK!!!!
   by Mookz (Unregistered) - 2006-10-23