With the release of Firmware 3.30 today, Sony has also updated the Terms of Service and the End-User License Agreement (EULA). One of the main modifications is to the “Maintenance and Upgrades” clause, which allows Sony to automatically change functionality on the PS3 and could “cause a loss of data or content or cause a loss of functionalities or utilities.”
It’s no doubt that Sony has updated the EULA after the complaints of the recent removal of the OtherOS feature, and to avoid future legal issues. The full clause states:
11. MAINTENANCE AND UPGRADES
From time to time, it may become necessary for SCEA to provide certain content to you to ensure that Sony Online Services and content offered through Sony Online Services, your PlayStation 3 computer entertainment system, the PSP (PlayStation Portable) system or other SCEA-authorized hardware is functioning properly in accordance with SCEA guidelines.
Some content may be provided automatically without notice when you sign in. 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.
Such upgrades or updates may be provided for system software for your PlayStation 3 computer entertainment system, the PSP (PlayStation Portable) 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 any damages, loss of data or loss of functionalities arising from provision of such content or maintenance services. It is recommended that you regularly back up any archivable data located on the hard disk.