ReiverCorrupter said:
I honestly don't think that the government is competent enough to stop "collusion."
Agreed, but beside the point. It's hard to enforce, but that doesn't mean it's not illegal and unethical.
Saying "you can only play Sony-approved games on this Sony device... without voiding the warranty or access to our online service" is perfectly reasonable, I agree.
We're in clear agreement on this point. I just think it's up to the courts to say it once and for all, and I believe they will. On the way to that inevitable conclusion, though, I don't begrudge Sony's legal team using every legal method at their disposal to get a favorable ruling. That's what lawyers are paid to do.
I hate to break this to you, but ownership is a right. In fact, it's one of the most fundamental rights.
Ownership is not a "right." Rights are unconditional. Ownership is conditional. To be obvious, I don't "own" a car unless I pay for it and the seller gives it to me. If the seller refuses to sell or I refuse to pay, I cannot own that car. If I
lease the car, there's a whole other contract. I don't suddenly have a right to own that car. If I finance the car, technically the
bank owns the title, despite the fact that I might
behave as though I own the car.
Ownership is a legal construct and a commodity, when it comes to many things. The obvious exceptions are your own body and mind. I own something because:
1) the original owner set conditions for the transfer of ownership,
2) I met those conditions to the satisfaction of the original owner,
3) the law provides that once this exchange is complete, I'm now the rightful owner
What we
can debate here is whether or not Sony is allowed to say, "You don't actually own this," on a license that is only viewable
after the financial transaction. If the EULA was made available
at the point of sale, things would be very different (and far less convenient, too).
However, you do not just have the privilege to do what you want with something you legally bought and own, you have the right to do so.
A reminder that this is dependent on the terms of the transfer of ownership. See the current Bethesda/Interplay war as an example of how murky these things can be. But, again, what we
can easily argue is that the license to which a customer agrees should be made available
before such time as the customer is unable to return the product for a full refund.
That isn't a very good argument. Someone doing whatever they can to win does NOT justify their actions. Sure you can expect it, but the Geneva Convention still looks down upon people using chemical warfare to win.
The difference is that Sony's lawyers are using every
legal means at their disposal. They're not doing anything illegal. It's not about "do whatever you can to win." It's about "do whatever you're
allowed to do to win."
Erm... I'm pretty sure that this guy vs. the multimillion dollar legal team of Sony is about as close to a David and Goliath battle as you can get. This is a huge company singling out an individual to crush in order to make an example of them. Don't try to sugar coat it.
I'm not sugar coating either side, but you're sugar coating GH's side of things. Sony didn't arbitrarily pick this "little guy" to "make an example."
"David and Goliath" is a story about an invading army's giant champion being put down by the nearly-defeated defender's young, but Godly and confident underdog. It's a story about good triumphing over evil even when evil seems more powerful. Neither side is "good" or "evil" in this.
If anything, it's more like "Jack and the Beanstalk." Jack wasn't maliciously trying to rob the Giant, but he
did break into the guy's house uninvited. Jack basically spit in the giant's eye. And sure, the giant could have handled things better, but so could Jack. (More modern tellings paint the giant as the necessary bad guy, who was just waiting for the opportunity to "grind bones into bread," but that's not how it all started out)
I'm just not on the "Sony is being evil" bandwagon here. The lawyers are doing what they should by being thorough, and hopefully so are GH's lawyers (seems that they are, but they're not under the same media scrutiny at the moment). Lawyers aren't paid to
believe in the cause. They're paid to
defend it.
And what if they win? Many people will stop buying from Sony. Another company will step in and offer better terms in order to win those sales. Other people, for whom this licensing presents
not one bit of problem will continue with Sony. Every step Sony takes to enforce that crazy control will just drive more people away. Nintendo and Microsoft will learn swiftly from that mistake. It's not going to be the end of the damn world.
As long as everything is being handled in line with the code of law, the evidence seems to support "customer rights" coming out on top. We can't pretend that the legal system shouldn't be used properly just because we're afraid the other guy might win.