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Sony has the right to deny you service, they do not have the right to damage your personal property.
Here is what I see sony doing to prevent piracy and hackers:
1. when you log in it does a system check for current firmware.
- if you have anything other that their current revision. You do not get logged in, but instead get a warning about why you cannot log in.
2. Before you can play any game, it will check for which system.
- are you playing from the Blueray drive or are you playing from the HDD, if your playing from the HDD you will not get access to the system.
3. When you are confirmed as being valid. (met the two above requirements) it will tell you you must install the current patch, and will do so before the start of every game online. If you refuse, you get refued access to the online system.
That is their best way to proceed, as the CFW isn't illegal. but piracy is. Hacking your PS3 patches is not but it is Sony's right to deny you service for doing so.