Post: PS3 Owner Lodges Complaint With European Commission Against SONY
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04-18-2011, 10:42 PM
#1
Pillar2365
I use to give free rep :/
We had You must login or register to view this content. before of how SONY abusing our privacy online and all that, so now an angry PS3 owner along with his lawyer just lodged a complaint to the European Commissioner of Justice and European Commission Data Protection Officer.
This particular PS3 owner is kind enough to send me their complaint to the respective entities in a PDF format. It’s in German though, and even if you use Google to translate it, the text gonna be a messy one because it contains a lot of formal words, you know, lawyer stuff. So, it would be great if someone could properly translate it.
Speaking of German law, the PS3 owner I mentioned above and his lawyer has deeply checked the situation of You must login or register to view this content. and this what he had to say:
Originally posted by another user
We deeply checked all and all was legit to roughly translate the law for decompilation its UrhG §69e
The authorization of the right holder (aka sony) is not required when the decompilation of the code is required to gain interoperaibility of a computer and for the publishing of his hv bible etc it says basicly its forbidden to publish this information EXCEPT it is required to allow others to gain this interoperability of the system which is the case here
If the manufracturer (sony) doesnt unlock homebrew or install of other system on ps3 its allowed to reverse and publish it to grant others the option to install it to share the required knowledge how to get interoperability very detailed explained by law when it is allowed and it is here indeed
You can see their You must login or register to view this content. which contains the detailed summary of SONY’s violations against effective law, European and German law. Also, the information about their TOS, user tracking on PSN, credit card violations against PCI DSS standards.
Below in the spoiler is the document translated with Google Translator.
Network:
Overview of the review of questionable legal aspects
Prepared for: Public
Prepared by: Public
16. April 2011
Proposal number: 666-1337Table of Contents
Summary
1
Terms of Use, User Agreement & Privacy Policy
1
Conflict with existing international law
1
Personal data
1
User Data
1
Data Mining
2
Credit card information
2
Nature of the data on servers and storage
2
Breach of warranty
3
Property of the user
3
Legally regulated right of private copying
3
Breach of competition law
4
Licenses
4
Use of licensed hardware
4
Using the PlayStation Network infrastructure for third parties
4
Removal of “core” functions of the system & Contents
5
Circumcision of functions
5
Distance of functions
5
Reverse engineering of software in order Interoperabiiltät & review of data protection
5
Non-compatibility of the Terms of TOS with the laws
6
PlayStation3 and PlayStation Network: Overview on the review of questionable legal aspects
iZusammenfassung
Terms of Use, User Agreement & Privacy Policy
The Terms of Use, User Agreement and Privacy Policy for the PlayStation Network under the following
URL’s view:
• You must login or register to view this content.
• You must login or register to view this content.
• You must login or register to view this content.
Conflict with existing international law
Here are some excerpts from these:
“Your right to know what personal information an organization holds about you and to request
Information on dealing with this data is set by law. If you want to know what information we
currently hold about you please contact us at [email][email protected][/email] to Data Protection Officer, Sony
Computer Entertainment Europe Limited, 10 Great Marlborough Street, London W1F 7LP, United Kingdom, stating the
Address of the website on which you are registered. Please note that we also provide proof of identity
demand and collect a small fee to cover our administration costs. ”
This so-called Data Protection Officer was not found on direct demand for SCEE. It was us in a test
no circumstances be possible for us to inquire about our data.
“You must not unauthorized hardware or software to access or use of Sony Online Network
use or distribute unauthorized software or hardware through or in association with Sony Online Network [...]”
see breach of competition law.
Personal data
User Data
The following is available, requires that personal data, the PlayStation Network in the registry:
• Full name
• Address
• Birthday
• Nickname
• Optional registration, including credit card CVV
PlayStation3 and PlayStation Network: Overview on the review of questionable legal aspects
1Datamining
The following is available, what data the PlayStation3 system under pretext of the questionable terms of use
PlayStation Network broadcast without the user be informed in advance:
• Games Played
• Time of respective game
• Model name and unit of the connected TV
• Model and other non-identifiable data from all connected devices
• Other non-identifiable data *
*: Since these data are sent together with the listed, it can be assumed that this
is similar to personal data.
This data can be linked easily with the user data, as these in the same network session
be transferred.
In addition to transfer more diverse data before you log into the PlayStation Network.
Credit card information
Credit card information will be available when creating a new user account created / transferred or later than
Part of account management.
Nature of the data on servers and storage
You transfer all credit card information or stored on servers.
These include:
• Name of owner
• Credit card number
• Expiration Date
• CVV code (security code)
From a permanet save the CVV code can be expected, since in subsequent transactions, the CVV
not be entered again. This is an obvious violation of international standards regarding the
Storage of credit card information. To this extent there is any doubt, that the concerned manufacturer to the
Processing credit card information is capable of is because, according to AGB / TOS, the aforementioned processing abroad
(Transfer of credit card information on EU borders).
Pursuant to PCI DSS standards, inter alia the CVV as “Sensitive authentication data”.
“Sensitive authentication data must not be stored after authorization (even if encrypted
were). ”
See: https: / / de.pcisecuritystandards.org/_onelink_/pcisecurity/en2de/minisite/en/docs/pci_dss_v2-0.pdf
PlayStation3 and PlayStation Network: Overview on the review of questionable legal aspects
2Desweiteren be charged for transactions not exact values, but the next higher “cash”.
For example: price of a game is EUR 3,99. Hogue, however, to EUR 5.00.
The difference is recorded as a credit in the account. This credit represents an advance, which the manufacturer
paid involuntarily.
According to AGB / TOS indicates that this is done for technical reasons. This does not reflect the truth, because
any transaction from various credit card companies can be billed accurately.
Breach of warranty
Property of the user
Among others, the PlayStation3 console access to the so-called PlayStation Store. Here, the end user
Games, videos and other content purchased. This is an online Martkplatz the manufacturer.
Since access to the PlayStation Network, and thus also to the PlayStation Store is only granted to those, the latest on the
Operating version update, users who do not, no way on the already acquired Content
access. According to law, this warranty but must be the case.
is According to AGB / TOS stated that the manufacturer has no Verpflcihtung already purchased again to Content
to make available. A backup of this content was within the discretion of the buyer. This can not even take place because
This content is protected by DRM systems and copy protection mechanisms, and not to external
Backup media can be transferred.
It has unfortunately no choice. Either we accept dubious Terms and toss, or you will from the online service
locked by user created accounts will be deleted and re POSSIBILITY any acquired property
Downloading.
Here must be added also that in the event of a valid user account already purchased content at any time
and can be downloaded without charge from the server of the manufacturer.
If the user wants the content, which is already his own load, so he is forced to the Terms / TOS against his
Willing to accept.
Furthermore, it is the user an idea is no longer possible online feature set of games. These online features are
but inseparable in the game code built in, so the user does not opt for an online function in the game
can. The user, however, continue to pay the full price of the software, even though he can not use. This
relates to both the game content with network functions from the PlayStation Store and games, which in shops
can be bought.
Legally regulated right of private copying
According to Copyright Act § 69d, paragraph 2, the user has a right to a private copy. The PlayStation3 implemented DRM systems
and copy protection mechanisms which prevent this.
For these reasons, it is not possible to create a private copy.
PlayStation3 and PlayStation Network: Overview on the review of questionable legal aspects
3Verletzung of competition law
Licenses
The PlayStation 3 system is a so-called “closed system”. This means that only licensed manufacturer of
publish software developers develop on this platform and allowed.
Through a licensing or publication of the manufacturer alone decides. If a developer a question mar. a
License shall be subject to this a background check. This includes:
• Finance of the affected applicant
• capabilities of the affected applicant
• experience of the applicant concerned
Furthermore, to reject requests for licenses, although licenses were issued to competitors already.
Although the hardware has been declared by the manufacturer as a “personal computer”, it is not possible without a license, software
to build on this system or to expel it.
In order to reach a mid candidates the same customers, a license is essential.
Excerpts from the Law of Competition (GWB):
Ҥ 1 prohibition of restrictive agreements
Agreements between undertakings, decisions by associations of undertakings and concerted
Occurs with the purpose or effect the prevention, restriction or distortion of competition or the effect
are prohibited. [...]
§ 19 abuse of dominant position
(1) The abuse of a dominant position by one or more companies is prohibited. ”
Use of licensed hardware
Competitors, which accessory for the PlayStation3 console, develop or produce will be excluded from the market,
not as a licensed accessory by the manufacturer of the operating system of PlaySatation3 is blocked or inoperable.
Licensing of additional equipment is a significant cost and at the discretion of the manufacturer.
Extract from the Act against Restraints of Competition (GWB):
Ҥ 1 prohibition of restrictive agreements
Agreements between undertakings, decisions by associations of undertakings and concerted
Occurs with the purpose or effect the prevention, restriction or distortion of competition or the effect
are prohibited. [...]
§ 19 abuse of dominant position
(1) The abuse of a dominant position by one or more companies is prohibited. ”
Using the PlayStation Network infrastructure for third parties
The manufacturer is prohibited by TOS / TOS Third, the infrastructure and interfaces to be used by the manufacturer to new
Markets and / or customer service (in Primär-/Sekundärmarkt) to develop or establish.
PlayStation3 and PlayStation Network: Overview on the review of questionable legal aspects
4Auszüge from the Law of Competition (GWB):
Ҥ 1 prohibition of restrictive agreements
Agreements between undertakings, decisions by associations of undertakings and concerted
Occurs with the purpose or effect the prevention, restriction or distortion of competition or the effect
are prohibited. [...]
§ 19 abuse of dominant position
(1) The abuse of a dominant position by one or more companies is prohibited. ”
Removal of “core” functions of the system & Contents
The PlayStation3 system was strongly promoted since the beginning with various functions in the TV and general media.
One of these features was the possibility of an alternative operating system (in this case Linux) on the system to
. Reinstall
Circumcision of functions
The installation of alternative operating systems were in fact possible, but this had only limited opportunities not,
the system to make full use (eg graphics card functions).
Furthermore, it was only possible to install any operating system versions.
Distance of functions
The possibility was to install alternative operating systems on the system software updates (known as firmware
Updates) prevented completely.
The users were only given the option to opt for some functions. Either you
reserves the option to install alternative operating systems and the main function of the PlayStation3, the playback
refrain from video games, or vice versa.
When the user wants to use future functions of the PlayStation3, he is also forced to
install alternative operating systems do without.
Reverse engineering of software in order Interoperabiiltät & Review
data protection
The Copyright Act expressly permits reverse engineering of hardware and software for the purpose of
Ensuring interoperability of software.
“Copyright Act § 69e
Decompilation
(1) The consent of the owner is not required where reproduction of the code and translation of
Code form under § 69c Nos. 1 and 2 is essential to the information necessary to achieve the
Interoperability of an independently created computer program with other programs, provided that the following
Conditions are met:
1. The acts are performed by the licensee or another to use a copy of the
Program authorized person or made on their behalf by an authorized person;
PlayStation3 and PlayStation Network: Overview on the review of questionable legal aspects
52. necessary for the production of the interoperability information for the person referred to in paragraph 1
has not previously been readily available;
3. these acts are confined to the parts of the original program which to achieve interoperability
necessary.
(2) may not be the case of acts under paragraph 1 with information gained
1. used for purposes other than to achieve the interoperability of the independently created computer program
be
2. be shared with third parties, unless necessary for the interoperability of the independently created computer program
necessary,
3. for the development, manufacture or marketing of a program substantially similar in its expression or
for any other act which infringes copyright may be used.
(3) Paragraphs 1 and 2 are designed so that their application neither impairs the normal exploitation of the work
the legitimate interests of the owner unreasonably. ”
The manufacturer prohibits this, but in terms of his / TOS, which is incompatible with the above-mentioned law.
The disclosure to third parties in this case is allowed because of system components without changing any interoperability
can be guaranteed. These changes must be made available to third parties to ensure interoperability
to allow.
Non-compatibility of the Terms of TOS with the laws
Extract from the Playstation / PSN Terms of TOS:
“Unless this is expressly authorized by us, you may not:
[...]
adapt and change the service or its components, translate, reverse engineer, decompile or in their
Disassemble components, or
create derivative products, try to create the source code from object code or service or
download any component parts for purposes that are not authorized by us, or
Copy the service or part of the service, publish, reproduce, transmit, for public
Performances use or otherwise exploit. ”
These provisions violate the Copyright Act (Copyright Act) as follows:
“Copyright Act § 69d
Exceptions to restricted acts
[...]
(2) The making of a back-up copy by a person who is entitled to use the computer program may not
be prohibited by contract if it is necessary to secure further use.
PlayStation3 and PlayStation Network: Overview on the review of questionable legal aspects
6The to use a copy of a program entitled may, without the consent of the owner
the functioning of the program to observe, study or test to a program element
to determine the underlying ideas and principles, as decided by the acts of loading, displaying, running,
Transmitting or storing the program is done, to which he is entitled. ”
Moreover, it should be noted that the buyer before the purchase of the PlayStation3, the possibility must be given the
the EULA / TOS / TOS read and accept or to object if necessary. Since this here
however, was not the case and is, the entsprechendend EULA / TOS / TOS ineffective.
This is because that constitute EULA / TOS / TOS part of a contract.
PlayStation3 and PlayStation Network: Overview on the review of questionable legal aspects
7
Do you think that this could possibly change/do anything?
04-18-2011, 11:49 PM
#4
juddylovespizza
I'VE GOT JUNGLE FEVER
All I know is I'm getting an Xbox 720 instead of a PS4, sony disgust me. And this is coming from a once loyal sony fan.
The following 3 users say thank you to juddylovespizza for this useful post:
04-18-2011, 11:55 PM
#5
dex2grigg
Banned
Originally posted by juddylovespizza
All I know is I'm getting an Xbox 720 instead of a PS4, sony disgust me. And this is coming from a once loyal sony fan.
Have to agree with you 100% I won't be getting a PS4 and I have no plans to buy any present/future product made by Sony, ever.
04-18-2011, 11:59 PM
#6
boss10000
Like A.....
To cut myself short for you
Blah blah blah somy right blah blah blah my opiniom blah blah blah
Lose 100 rep cause people take geohotz and hacking to seriouse...
I miss the old days were you coukd have a debate with out being told you kniw nothing etc, what happened to opinions, NGU has become a home to rep whores who think there way is the right way (basicly NGU is full of mini hitlers who will forces there opinions on to others)
Blah blah blah somy right blah blah blah my opiniom blah blah blah
Lose 100 rep cause people take geohotz and hacking to seriouse...
I miss the old days were you coukd have a debate with out being told you kniw nothing etc, what happened to opinions, NGU has become a home to rep whores who think there way is the right way (basicly NGU is full of mini hitlers who will forces there opinions on to others)
The following user thanked boss10000 for this useful post:
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