17
Oct
08

LittleBigRipoff? Sony can sell your user content

I may be reading too deep into this, but I’m a little concerned none the less.

Sony have recently made changes to their PSN terms of use, notably adding terms and conditions for user generated content. No doubt, this is a legal precaution leading up to the release of LittleBigPlanet, obviously there needs to be guidelines to allow Sony to define and take action again inappropriate content.

But what really got my attention were some of the rights Sony have concerning your generated content…

You also authorise us [Sony] and our affiliated companies, without payment to you, to license, sell and otherwise commercially exploit your User Material

The document continues on outlining that Sony may sell subscription services or gain advertising revenue related to your content.

Certainly sounds a far cry from what we’ve heard earlier about selected users being able to set a price and sell their levels, but I guess we’ll know soon enough how this will effect entrepreneurial users.

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17 Responses to “LittleBigRipoff? Sony can sell your user content”


  1. October 17, 2008 at 8:36 PM

    I knew something like this would happen.

  2. October 17, 2008 at 9:50 PM

    Hey, I see PS3 fanboy picked up on this and it’s been posted by Andrew Yoon.

    The very same who said I quote “why does everything on here seem exactly the same as ps3fanboy?”; ironic, no?

  3. October 18, 2008 at 1:31 AM

    I’d been concerned over exactly the same issue after reading the updates terms of service.

    They also ask for rights to modify and say we cannot have any links promoting ourselves as part of the assets. So in short they own everything can make money from it directly, or create a derivative work and we are not allowed to benefit in any way from publishing work to the PSN.

    I was looking forward to making content for LBP, this has made me decide that I shalln’t be sharing anything I create on it. As if this were not enough they have also said you sign away moral rights, which cannot be signed away in many jurisdictions. So portions of their new terms of service are unenforceable.

    This needs to hit the mainstream press. Given the rise of user created content across many mediums, not just gaming, having a precedent that it’s ok to give away our work to a single commercial entity is exceptionally dangerous. You could even be charged, under the current PSN terms of service for accessing your own material (say you have multiple PS3s or your PS3 dies and gets replaced – you no longer have the local copy).

    Cheers,

    Alan.

  4. 4 Richard Jones
    October 18, 2008 at 10:16 AM

    The EULA referenced seems to contradict the latest EULA:

    “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. You further agree that SCEA may sublicense its rights to any third party, including its affiliates and subsidiaries.”

    http://www.us.playstation.com/support/useragreements/15

  5. 5 Bob
    October 18, 2008 at 11:06 PM

    Why is this a big deal? This has been going on for years in PC games. You use the assets of a company (so it’s not your own material) to create something. Of course said company reserves the right to do with it as it pleases.

  6. October 19, 2008 at 1:20 PM

    Bob, I don’t think your PC comparison is accurate.
    Lets say for example, I make a new level for Generals using the tools distributed by the developers, and upload that map to the internet.
    In a fair comparison, EA would be able to remove my map from the internet or anyplace I am able to freely distribute it, and sell it as downloadable content, without giving any credit to myself.
    I’ll reiterate that I don’t think this worst case will happen, but from the contractual agreement we now have with Sony, it’s legally possible.

  7. 7 S
    March 1, 2011 at 1:53 AM

    SONY is playing with fire!

    Its not because its Legall that it mean its LAWFULL!

    WE the end user have no Legall recourse against Sony but we have plenty of LAWFULL recourse.

    Legally we accepted the EULA so there is nothing we can do about it!

    Lawfully Sony forced you to accept it otherwise you could not use your machine for its online functions. So Lawfully you are a Victim of Coorporate Harasment.

    Remember that the EULA has only a legal power between you and sony, but got no power what so ever on the lawfull side.

    Sony CEO just think that the population to dumb to even figure that out and most of them will fall for the exterotion and actually accept it…

    SONY CEO dosn’t deserve to pay a massive sum of money… He deserve to right to prison.


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Playing on Playstation 3

Red Dead Revolver - I paid about $1000 for my launch model PS3, so I guess it's time I get some use out of that emotion chip crammed inside. I remember Red Dead Revolver looking rather good when it was released, and despite the low resolution and odd blurring (that I attribute to playing on a HD set) the game holds up well. It looks good despite these graphical limitations because the art direction is so precise and awesome. And it isn't just the art direction, the music, dialogue and set design (for some reason, set seems a more fitting word than level) all work in tandem to recreate an iconic Wild West atmosphere. Red Dead Revolver doesn’t aim to recreate life in the Wild West, it allows our imagination to take over and populates the locale with legendary men and their legendary stories.

Playing on iPhone

edge - Well I never thought I'd consider playing a game on iPhone as actually gaming, but edge has turned me around. The game is built for the iPhone. Sure, it could be ported, but the elegance of what has been created is astounding, it boggles the mind and makes me wonder what amazing gems we'd receive if current gen consoles weren't clones of eachother.

Playing on PC

Sins of a Solar Empire, Demigod, Generals - Zero Hour - It may be a temporary effect as I slowly reintroduce the PC into my gaming diet, but it seems every title I’m excited to play on the platform is either a strategy game, or a cheap indie game. PC gaming isn’t dead, it’s just restricted to titles that require complex input or a pointing device, and games that couldn't be developed or distributed on other platforms. I guess that’s part of the reason the AppStore is so far a success, there were a lot of indie devs stuck on PC for lack of a better alternative.
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