Sony agreement lets it "record your activities" online and share data
Behold the unyieding, eye-hating red-on-black nightmare that is the Playstation Network's user agreement, a contract of adhesion for the ages. Should one wince as Sony's lawyers declare "you may participate in SCEA's online community" but only if "you give SCEA your express consent to monitor and record your activities?"
From the text:
However, 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. SCEA reserves the right to remove any content and communication from PSN at SCEA’s sole discretion without further notice to you. 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. Such information may be disclosed to the appropriate authorities or agencies. Any other use is subject to the terms of the applicable Privacy Policy.
The agreement also allows them to give your information to any unidentified third party it pleases, making clear that if you do not consent to this, you must not participate in the Playstation Network.
Let's face a fact: we, the users, habitually ignore EULAs. We don't even read them. Why? Because we know that they're mostly waffle, written by stone-faced lawyers to cover their employers' rears, and that it's extremely unlikely to ever bother us.
This, however, is entirely too much: agreeing to let someone record everything you do and share such information, simply to gain access to entertainment, is a bad idea. Sony's made it quite clear that in time, this service is going to be a content delivery system on par with iTunes and on-demand cable service; it is a contract you could genuinely come to regret signing.
Downright scary [Sony Insider]
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A few years ago I had what seemed like a great opportunity to work for Sony /SCEA contracting for software development work -- and absolutely could not sign the amazing and oppressive contract they presented (and refused to modify at all.)
This EULA doesn't surprise me in the least.
I think the scope of what anyone can do on the PSN is limited enough to preclude any of the travesties you are hinting at. You can download games, videos, demos, etc. You can play against other players on the network. You can chat with them. That's about it. They have the right to monitor what you say in a public forum for which they are responsible for... is that crazy? Isn't that akin to moderation? The part where they would sell you out to government agencies... again... there is nothing to do on PSN that I can think of short of using it as a venue to talk about your ideas for terrorist attacks. Maybe my imagination isn't that good. I don't think it's their goal to create a space for free thought or expression, that is what 4chan is for, and there could be serious ramifications for them if they did. I wouldn't want to be a part of a place that doesn't have a moderation policy in place, or a method to remove people who are obnoxiously offensive. Like BoingBoing. And believe me, no one thinks the moderation here is universally fair, but they understand it is a compromise. Everything that is said is recorded under our user names, is freely available to any third party who would want to peruse it, and people do get their posts deleted and are subsequently banned for making actually coherent comments. But besides all that, I think if you were to peruse any of the EULAs of online communities of this nature, you would find something very similar. Please call me out if I've incorrectly generalized or correlated anything, I would genuinely like to know. Also, please complete your extrapolation of how this would affect people once their video download service is enacted. I just got an air of paranoia, but if there is imminent danger I would definitely appreciate your insight. Haha, despite my diatribes, I do love your posts, and only because they make me think do I bother to respond. I am probably forgetting many many things which you could pointedly make clear with deft wit, so if you have time to respond, please do.
Don't worry, I think in this way they cover themselves just in case they let an external company analyze users' behaviour. In this way they can see where they can improve the website in order to make it more user friendly.
Don't worry, it's just covering themselves.
Saying some-one has a weapon doesn't mean the person uses it against you ;)
You know, I've been thinking... The theory behind an EULA, so far as I understand, is that it's a contract, and one that is agreed to by performing a specific action - ripping open a CD package, clicking an OK button, whatever.
Thing about contracts is that they aren't binding on children... In theory, wouldn't having a 13 year old kid open up a "opening this implies agreement" CD package or click the OK box cause all kinds of legal issues for the validity of an EULA?
-sigh-
Maybe I'm in a cynical frame of mind but these EULAs can get as insidious as they want because no one ever votes with their wallet. Sony tries every year or two and people shrug their shoulders and buy it. iTunes and Apple have had draconian EULAs for years but because they have a marketing campaign that implies that *you too*, Consumer, are just like Picasso and Einstein, they'll swallow it.
Now there's an election coming up. As a Canadian, I feel like the world is being held hostage but ignorant middle-class consumers who will swallow all the garbage fed to them so long as they can continue to foster the illusion that the short-term indulgences they want are actually long-term things they need.
Yep, I'm feeling cynical.
The odd thing about EULA's is that they commonly assert rights that have no power to enforce. An organisation simply cannot change or alter its or the customers rights under the common law.
For example - sharing/viewing private communications outside of an employer/employee relationship is my country is simply against Federal law.
EULA's are nonsense with little meaning under law.