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Sony clamps down with PSN user agreement

Updates to terms of online service prohibit players from giving out names online, allow communication to be monitored, give Sony free rein to sell user-created content.

While it has yet to be seen if the PlayStation Network is ready to handle the traffic that will accompany next week's launch of Little Big Planet and its sharing tools for user-generated content, Sony Computer Entertainment America has made sure its online service is ready to go from a legal standpoint.

Last week SCEA sent out amendments to its PlayStation Network terms of service and user agreement. PlayStation 3 and PlayStation Portable users will need to agree to the new rules if they want to play their games online, participate in Home, buy games from the PlayStation Store, subscribe to a game, or download a patch or other game update.

The amendments include a number of eyebrow-raising new provisions dealing with player privacy and user-created content. Under the "Code of Conduct" section, SCEA added a provision that players can't tell anyone their real names or "any other personally identifying information." The rule also applies to names of other people or businesses.

And while gamers can't go spreading their names around, the user agreement stats that Sony can share gamers' personal information with third parties "for the purpose of providing... access to PSN content." It does not specify if that content includes advertising as well as games, movies, and other downloadable offerings.

The code of conduct also now specifies that anyone who uses PSN gives SCEA "express consent to monitor and record" their activities, and that the company may do so as it sees fit. And while the terms state that SCEA can turn over user information like an Online ID and IP address to "the appropriate authorities," they also state there is no requirement or expectation that the company monitor or record any activity over the network, and that SCEA can remove content or communication from the service without notifying users.

That's not the only thing SCEA can do without notification (or consequence) under the new agreement.

"Some content may be provided automatically without notice when you sign into PSN," the agreement reads. "Such content may include automatic updates or upgrades which may change your current operating system, cause a loss of data or content or cause a loss of functionalities or utilities. You authorize SCEA to provide such content and agree that SCEA shall not be liable for any damages arising from provision of such content or maintenance services. It is recommended that you regularly back up any data located on the hard disk that is of a type that can be backed up."

Finally, SCEA added a new section on "user material and information" that allows the company to provide "others" with information about users' communication and gameplay over PSN. Further, the company can distribute or publish that information "for any legitimate business purpose" without payment to the users. The example given is for tournaments or ranking purposes.

The section also deals more directly with users' creations, which presumably includes everything from custom-made levels in Little Big Planet to songs penned using the Guitar Hero World Tour studio mode.

"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," the agreement states. "You further agree that SCEA may sublicense 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."

Representatives with Sony did not return GameSpot's request for comment.

546 Comments

  • Azu942

    Posted Oct 31, 2008 7:29 pm GMT

    Darkride66, you seem to purposefully speak in complicated terms to make your verbal sparring partners feel stupid. I understand and agree with your points, but you really ought to try and tone down on the "I am holier than thou." attitude. I gaurantee you would get less snarky responses if you did so.

  • mankeyador

    Posted Oct 29, 2008 12:48 pm GMT

    who's going to make games like braid on the PSN if they are getting ripped off by sony?

  • Koal_Jadian

    Posted Oct 27, 2008 9:12 am GMT

    So if I create something, Sony can take it and sell it without paying me and without notifying me?

    hmmm...

  • norabbitnofun

    Posted Oct 25, 2008 8:27 am GMT

    "It is recommended that you regularly back up any data located on the hard disk that is of a type that can be backed up."

    -- Is it just me or is there simply nothing else than media that can get there???

  • nynthninja

    Posted Oct 23, 2008 4:26 pm GMT

    yboucher

    if you use XNA to make games the recognition and money is entirely yours...as long as you make a game worth playing *cough* Space Giraffe

  • UnknownPerson55

    Posted Oct 23, 2008 7:08 am GMT

    its not really that bad
    anytime you use a credit card, the information of what you bought and where is recorded and given out to third party companies
    internet searches and user history is the same too
    the only thing sony is doing differently is telling you about them doing this

  • darkride66

    Posted Oct 23, 2008 5:44 am GMT

    @ G1Ga-B1T3. Sony has already said that users will be able to sell their own content on PSN and other sites (shockingly not Gamespot) rightly identified this as Sony setting the legal framework for setting up some sort of transaction system. Unless Sony assumes control of the content they'll have no way of policing that content and people will be free to circulate videos of their sisters or them killing cats. Think about it.

  • G1Ga-B1T3

    Posted Oct 23, 2008 5:10 am GMT

    Hey Darkride66 thats exactly what I said. People will not stop using PSN, and my point was that Microsoft does it too by my comment about the kid who wound up with a felony. If i were creating custom content I just would not do it on Sony's network. At least Microsoft let's you reap the benny's of your own content on their market place. So yeah let's be perfectly honest.

  • RomanticFool

    Posted Oct 23, 2008 3:50 am GMT

    This is pretty standard language, especially for a commercial company that's releasing a game based around user-built scenarios; they have to play CYA so that a user who creates a scenario has no legal basis to turn around and try and sue SCEA for infringing on his rights as a .

  • yboucher

    Posted Oct 23, 2008 1:41 am GMT

    Check the Xbox Live agreement and see that it's just another day in the office. Same concepts, different words. Both have the same provisions. Let's everyone just chill. That's just the lawyers having their fun.

  • GAMECAMILLER

    Posted Oct 22, 2008 7:35 pm GMT

    I'll be honest, any time a company says they can monitor and record what you do that extensively at anytime as they see fit, it can be worry-some.

  • Erikf86

    Posted Oct 22, 2008 6:49 pm GMT

    I don't pay much attention to User Agreements, honestly. They're always there to protect the company and limit you anyways... No real news here, except reinforcing that User Agreements are lame.

  • darkride66

    Posted Oct 22, 2008 5:35 pm GMT

    @ xlukebearx. I never said that XBL was that bad - but there is certainly a problem, you can't deny that. Sony isn't about to ban people for using their names online but they have to cover their ass so if you get hooked up with a crazy stalker - you can't come crying to them.

    @ G1Ga-B1T3. Let's be perfectly honest here. The amount of people who will stop using PSN because of this is exactly 2. Worldwide. No one, and I mean no one who is currently using and enjoying playing on the PSN is going to stop gaming online because of this. Do you think people left XBL in droves when MS said they could give your personal information to any subsidiaries or affiliates of theirs? Why are so many making this into something it isn't?

  • InfectX

    Posted Oct 22, 2008 4:22 pm GMT

    I guess I won't get a PS3 after all.

  • G1Ga-B1T3

    Posted Oct 22, 2008 4:18 pm GMT

    Well not everyone is not going to sign back into PSN to boycott this fascist crap... We are not nor should we accept anything that is close to being this radical. There was a kid who joked about a bombing and got arrested and wound up with a felony on his record because of what he said on Xbox Live. Not only are they stripping people of their right to free speech, but to now strip people of their right to their creativity.... where do "We the People" draw the line?

  • xlukebearx

    Posted Oct 22, 2008 4:17 pm GMT

    There isn't any need to share personal information with third parties. XBL does just fine without that nonsense. How would you like to start getting spam because you play on PSN? whoops.

    @darkride66 There are some things that are definitely just legal frame working, however I don't believe there is anything necessitating the restriction of doing something as simple as giving out your name. You act like XBL is the ghetto, and every single person on there misbehaves, which is true only to a certain extent. There is a self-policing system in place that works rather well, which is why I find it curious that Sony would want to "monitor activities and communication."

  • drsnobby

    Posted Oct 22, 2008 4:00 pm GMT

    Darkride66,you haven,t said anything about intrusion of privacy? what is your stance on civil liberties concerning PSN,s monitoring and recording,ect

  • Media_Mind

    Posted Oct 22, 2008 3:58 pm GMT

    Not good

  • darkride66

    Posted Oct 22, 2008 2:52 pm GMT

    Prime05 said "I could do without my info being sold to anyone."

    No one is selling your info online. Where did you get that from?

  • Prime05

    Posted Oct 22, 2008 2:25 pm GMT

    I could say a lot but in short I don't like it. I could do without my info being sold to anyone. I don't play online.

  • ctg867

    Posted Oct 22, 2008 12:38 pm GMT

    I definitely don't like this, but most of the user agreements are precautionary. It just gives them some more leeway to do things if they need to, and they may to some extent. Though I think this is more of an issue to protect them from being sued. I can't fault them too much for that.

  • darkride66

    Posted Oct 22, 2008 12:05 pm GMT

    XXMadManVII said "So by signing on to PSN you have to agree to have your privacy invaded, and your creations stolen."

    You could look at it like that, or you could look at it as for the privilege that Sony is providing in accessing their network you have to understandably agree to some measures that will allow Sony the ability to police the service while facilitating business transactions now and into the future and allow Sony the reasonable ability to stop you from using their services to spread porn or something similarly unsavory using LBP or Home. Those are the conditions if you want to game online for free and access Sony's other services. We face tough choices every day, like the choice whether to accept this article as a rational attempt by Sony to shore up the legal framework necessary for the type of business they're going to run or to blow it all way out of proportion and make baseless claims about how Sony's going to steal your stuff.

  • XXMadManVII

    Posted Oct 22, 2008 11:34 am GMT

    So by signing on to PSN you have to agree to have your privacy invaded, and your creations stolen.... nice.

  • glhx1rush

    Posted Oct 22, 2008 10:35 am GMT

    What's next? (Hidden in there somewhere will be a statement saying we are only "Renting" the equipment?)

  • djhipihopisdead

    Posted Oct 22, 2008 10:22 am GMT

    -Royas
    I agree in fully with that statement!

    Sony has, in my opinion, has left its game players and users with the Cartman term "You're breaking my balls!" Reading this, Sony wants a contractual agreement just for playing Crisis Core or MGS4! The user-generated content policy is a stickler, seeing that Sony would make a profit if you happen to develop something akin to "Machinima". Furthermore, not only you have shelled out 60 bucks for a game, you can't profit from it by making "webisodes" i guess. There are already applicable laws that prohibit the distribution of a game's content, and i wouldn't become the least surprised if this nuance would affect developers playing the game for testing. That's a gray area i think, if a developer shows off a glitch in a game, would that violate Sony's policy? I don't know about this sticking, but if you are using Sony's system, you'll need a lawyer to read over the contract before fragging away in SOCOM....sheesh!

  • Royas

    Posted Oct 22, 2008 9:35 am GMT

    The provision about using or telling people your name is probably not a legal provision, even for a service contract. As to the rest... really, does anyone expect anything but the most advantageous terms for Sony, even if they are ridiculous? This is the company that brought us rootkits on music CD's and SecuROM DRM with limited activations. Sony is about as greedy and unfriendly a corporation as exists. Frankly, if any of the dark, dystopian corporate futures you see in cyberpunk come to pass, I expect Sony to be in the forefront.

  • darkride66 posted Oct 22, 2008 9:20 am GMT (does not meet display criteria. sign in to show)

    darkride66

    Posted Oct 22, 2008 9:20 am GMT (hide)

    jimbo102671 said "As to the rest, especially regarding User Generated Content, there's ony one word needed to describe Sony's actions: idiotic."

    Remember, Sony is committed to allowing users to make levels for sale on the system - what this does it lay the framework for the new transaction system. If Sony didn't take control they couldn't regulate what was being bought or sold on their network, nor could they facilitate the financial exchanges. It'd be chaos.

  • jimbo102671

    Posted Oct 22, 2008 8:47 am GMT

    I can understand the first part (no personally identifiable information) as the person on the other end is likely some random user you (or I) don't know personally. (However, not being able to use your FIRST NAME, many of which are very common, is taking that a bit far.)

    As to the rest, especially regarding User Generated Content, there's ony one word needed to describe Sony's actions: idiotic.

  • rockstar_88

    Posted Oct 22, 2008 8:43 am GMT

    Well, the online service IS free, so you do get what you pay for. I guess if you're willing to pay $50 for a year of online service, you're paying for the right to say you're name online, get credit for user-generated content, and have Microsoft's consent every time there's a hardware or software update.

    As a user of both though, I'll just have to suck it up. I'll just have to be a little more careful when it comes to logging onto PSN.

  • stevo_360

    Posted Oct 22, 2008 8:28 am GMT

    This is disgraceful. Don't get me wrong, I own a PS3, I'm not a 360 fanboy, but this sucks. Some of the stuff on this list is pretty invasive.

  • darkride66

    Posted Oct 22, 2008 7:56 am GMT

    Yuck_Too said "My hatred for the company? Show me one post where I have said anything remotely close to that."

    Don't play coy. You're careful not to go off because you know you'll be modded but if you're posting in a Sony news forum it's to trash Sony - everyone knows it.

    I certainly prefer my PS3 and I've never hid that fact but the reason I always have a "but I support it" is easy. I support it. I support the 360 with my money and on these forums when they've done something right - like the way they handled the storage issues surrounding the fall update - to when they've done something wrong - like the time it's taken them to get a handle on the RROD problem. Your assertion that PSN is just as bad as XBL doesn't mean anything to me because I've played extensively on both and I know that it's not as big an issue on PSN. I can say you're 100% incorrect on that point because I've experienced it. I could burn my hand on a stove and another guy could come along and say - it's not that hot. Really..well I got burnt so I'm not doing it again...thanks anyway. That's like you saying PSN is just as bad. Really, because my experience says it's not - and I forgive me if I take my personal experiences over what you say. I encourage all to try both networks and make your own decisions.

    You keep beating the idea that Sony's stealing user content - Sony's stealing user content. They haven't actually done anything yet. If they start taking user content and selling it without compensation to the creators - how about you complain then. Until that point - why don't we deal with this for what it is, Sony laying the groundwork for a system where users can sell their user created content while Sony assumes the responsibilities for monitoring, policing and facilitating these transactions. I tire of when unable to counter my arguments you instead try to demean me personally. How about sticking to the issues. Here's a question for you. Which makes more Sony to facilitate and police selling user content online? Should Sony take control of the content, compensate the owners and handle monitoring and distributing the content on their network or should we have some sort of Ebay like structure - where you never know what you're getting, buyers and sellers have to handle transactions themselves, levels are not as described or contain pornography or copyrighted material, one side or the other could back out of the transaction at any time? Which makes more sense, or do you have a better idea for Sony to allow users to sell content to each other?

  • Yuck_Too

    Posted Oct 22, 2008 7:23 am GMT

    --darkride66--
    My hatred for the company? Show me one post where I have said anything remotely close to that. Take all the time you need you'll be a while because I have not.

    Your balanced views?
    Ha...funny till the end, any and every chance you get you slip in cheap shots and spin arguments against the 360 and then tack on "but I support it" in some childish attempt to say your unbiased.

    As for XBL is full of racism, language and homophobia, there is some, the exact same amount as PSN has percentage wise, there are just less people on PSN to hear it from so if that is your idea of better so be it.

    I think Sony is a monster lurking in a closet stealing dreams?!...lay off the pipe bro. Only thing I have said in regards to this article is also the only real difference between the XBL EULA and PSN, and that is

    "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"

    That's it that's all...carry on ranting and railing, everyone here knows both of us and it's fairly obvious to them regardless how you describe things.

  • darkride66

    Posted Oct 22, 2008 7:08 am GMT

    @ Yuck_Too. I'll try to leave snarkiness out of this and address your concerns. First off, I did not trash talk XBL. Nice try there. But I will level a criticism of the service that I eluded to in my last post and that's what it's members can get away with. I was recently emailed by a concerned parent (who didn't want to be drug through the forums) who echoed a sentiment that I had - that we would never allow our children to play XBL due to the racism, language and homophopia that are constant problems online. Sony is clearly laying a strict groundwork for policing and dealing with such matters and I applaud their efforts so the rest of us can game online with minimum harassment. Hopefully MS's new software to censor live audio-streams will have a positive impact and what is a growing problem and make a great service even better.

    I can easily turn your last statement back on you. We're all aware that you think Sony is some evil empire that must be taken down at all costs. We hear it over and over again. However, my views as a gamer have always been much more balanced with reason as opposed to hatred of this company or that. Take this article. While you do your damnedest to try and make this sound like Sony is the monster lurking in your closet that will censor your thoughts and steal your dreams I've been dealing with the real issues raised here point by point rationally examining the reasons behind each of these changes and their intended consequences while offering a different perspective from another site. I don't appreciate your attempts to undermine my valid points by character assassination, especially when I can be seen by all, geeking out in anticipation for Fable2, Gears 2 and the 360's new fall update at the same time I try to bring reason to news articles related to Sony. If you have a specific, well thought out point to make rather than your usual, knee-jerk anti-Sony rhetoric I would welcome you to share it with us. Otherwise, why don't you put the negativity genie back in the bottle for awhile.

  • darkride66 posted Oct 22, 2008 5:37 am GMT (does not meet display criteria. sign in to show)

    darkride66

    Posted Oct 22, 2008 5:37 am GMT (hide)

    Interesting. IGN ran this story as well and it was picked up on N4G. What's interesting is the talkback in the forums on both sites is almost 100% positive. Most people see this as a good move to stop the PSN from devolving into the XBL in terms of what punks get away with online. Also, people are saying this will be good used with Home to cut down on idiots and porn freaks. You know what? They're absolutely correct! There isn't a single thing in these changes that doesn't make sense in terms of policing Sony's network, facilitating business transactions on PSN or laying the groundwork for users to sell their creations on LBP.

  • Valen_Ca

    Posted Oct 22, 2008 3:49 am GMT

    I can't tell whether this is funny or sad, monitoring communications across the network is idiotic, especially if they don't have a court order authorizing it. Heck now they even want to steal the results of your hard work all so they can pad their pockets, how that isn't considered Piracy is beyond me. What can you do though right? This has been typical of Sony for a couple of years now.

  • abdullrahman

    Posted Oct 22, 2008 2:16 am GMT

    ho cars about it I never gave any site real info about me lololololol.

  • jamesh-42

    Posted Oct 22, 2008 12:59 am GMT

    One of the other parts of the new agreement says "You must not commercially exploit User Material without our consent". I can understand this for other people's User Material, but how about your own User Material?

    If it includes your own work, then not only are you granting Sony the right to do whatever they want with your stuff, you are also giving up significant rights.

  • medicalmj

    Posted Oct 21, 2008 11:48 pm GMT

    if you didn't have the user created content clauses in contracts then it opens the flood gates for compettitors to make make millions off of one of your games.

    If you want to do level editing for money than there are plenty of options out there for you, it really has no negative impact on gamers at all.

    It's just legal stuff. You gotta protect your own asses nowadays if you run a business.

  • medicalmj

    Posted Oct 21, 2008 11:46 pm GMT

    sony never said they would make money off of any ones levels. The clause is there simply so people can't make money off of sony's products.

    This is common practice in the gaming world and very very very very very very rarely does a company just take a customers content and sell it. That's a bad move for a company to do so they don't do that.

    This is merely to protect their own product legally. The last thing sony needs is a compettitor like MS be selling levels in game stores from a game that sony published. This is why it's there, it's not there to 'screw over gamers'.

  • x-2tha-z

    Posted Oct 21, 2008 11:39 pm GMT

    I don't like the idea of auto updates. Sony getting money for user created content and giving nothing to the creator is pretty crap too.

  • Jebril

    Posted Oct 21, 2008 11:37 pm GMT

    Ya guys just to tell ya......this is like Fascism.

    This entire "don't tell give your any info out to us or we'll spy on you" or "we can use whatever you make w/out your consent" ideology is fascism, don't confuse it with anything else.

  • Jebril

    Posted Oct 21, 2008 11:37 pm GMT

    Ya guys just to tell ya......this is like Fascism.

    This entire "don't tell give your any info out to us or we'll spy on you" or "we can use whatever you make w/out your consent" ideology is fascism, don't confuse it with anything else.

  • medicalmj

    Posted Oct 21, 2008 11:22 pm GMT

    only thing i dont like is that firmware updates could possibly screw up your ps3. But then again any company that has firmware updates usually has clauses that they aren't resposnible for your stuff getting broken. Ever install a piece of software on your computer, nearly 99.9% of all programs ever made have some sort of legal clause stating they aren't respoinsble if their software causes problems with your computer.

    The same is true for consoles nowadays. And for those who think sony is some big bad meanie.....nintendo and MS have those same legal protections in their user agreement as well.

  • medicalmj

    Posted Oct 21, 2008 11:19 pm GMT

    by the way, if you dont like companies controlling stuff you create. Let me give you a word of advice....dont work in the gaming industry.

    There isn't a single company i've worked for in the industry that hasn't made me sign something saying they own the right to ANYTHING i create even if it's in my spare time. That is simply how the entire industry works and nothing is going to change it so might as well deal with it cause crying bout it wont fix anything.

  • medicalmj

    Posted Oct 21, 2008 11:17 pm GMT

    who cares ? this has no impact on the quality of video games or the amount of fun you can have with video games.

    I really wonder if you guys are playing games to enjoy games you just pay $50 so you can tell everyone your first name and then try to make a quick buck off of another mans product.

    Personally I play games cause i like playing games. Dunno bout the rest of yall.

  • tawagivercetti

    Posted Oct 21, 2008 10:36 pm GMT

    the real sony comes out of its rock to bite its customers, things like this make me so glad I bought a 360

  • TehUndeadHorror

    Posted Oct 21, 2008 10:36 pm GMT

    Mmmm stealing user created content... Thanks Sony! =D

  • Zidaneski

    Posted Oct 21, 2008 9:59 pm GMT

    Well since it is a free service, its like this. Imagine if you bought a car (PS3), thats cool...but the catch is that if you want to use it around other people you got to obey the traffic signs (Online terms and conditions) so that you and nobody else gets hurt. Nobody has a problem with that now do they?

  • twilekpilot

    Posted Oct 21, 2008 9:06 pm GMT

    I'm not gonna lie. I've skimmed through the new user agreement and found a few things I didn't like. I don't mind playing games offline. Some people forget a time when games weren't always connected. So with that being said...if this goes through and a few new updates get mandated and they mess up a few peoples PS3s mine wont be included.

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