Sony Open Letter: update

Here is the reply I got from Sony. They are basically saying that the TOS/EULA allows them to update/upgrade my machine any way they please. And that I don't have to install the update if I don't want to, but the fact is that not updating will brick my console for online gaming, PSN, and new games which require up-to-date firmware.

Here is the reply:

Hello Raj,

Thank you for writing to us in regard to the newest PlayStation(R)3 computer entertainment system.

Due to security concerns, Sony Computer Entertainment will remove the "Other OS" functionality through the 3.21 system software update. This will help to ensure that PS3 owners will continue to have access to the broad range of gaming and entertainment content from SCE and its content partners on a more secure system.

Furthermore, consumers and organizations that currently use the “Other OS” feature can choose not to upgrade their PS3 systems, as this is an optional update.

For further information: http://blog.us.playstation.com/2010/03/28/ps3-firmware-v3-21-update/

Lastly, as stated in Article 11 of the SCEA's End Users License Agreement (EULA), "Such content may include automatic updates or upgrades which may change your current operating system [...]. Such upgrades or updates may be provided for system software for your PS3™ system, the PSP® system or other SCEA-authorized hardware. Access or use to any system software is subject to terms and conditions of a separate end user license agreement found at http://www.us.playstation.com/termsofuse. You authorize SCEA to provide such content and agree that SCEA shall not be liable [...] for provision of such content or maintenance services."

PlayStation®Network Terms of Service and User Agreement: http://legaldoc.dl.playstation.net/ps3-eula/psn/u/u_tosua_en.html

Please rest assured that we will convey your feedback to Sony Computer Entertainment America's ("SCEA") appropriate management.

Regards,
Tenera S.