Is it legal or safe too share firmware update...

Discussion in 'PS4 - Games & Content' started by th3joker, Feb 11, 2017.

  1. th3joker
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    th3joker GBAtemp Regular

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    Is it safe for a scene site to host a link to ps4 beta firmware? Like does that break a non disclosure agreement?
     
  2. RevPokemon

    RevPokemon GBATemp's 3rd Favorite Transgirl

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  3. Lilith Valentine

    Lilith Valentine GBATemp's Wolfdog™ I drool on my knife

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  4. RevPokemon

    RevPokemon GBATemp's 3rd Favorite Transgirl

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    FWIW it is also like that in the macOS EULA and the same with most others.
     
  5. Lilith Valentine

    Lilith Valentine GBATemp's Wolfdog™ I drool on my knife

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    I know it is, I point out the flaws in those as well. EULA's are fucking stupid and barely hold any actual legal grounds. Yeah they "threaten" with lawsuits, but most lawsuits fail before they even hit the courts.
     
    Last edited by Lilith Valentine, Feb 11, 2017
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  6. th3joker
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    th3joker GBAtemp Regular

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    But what about the beta program eula...
    https://www.playstation.com/en-us/l...-registration/system-software-beta-agreement/

    Like this part...

    You are responsible for any loss or damage to your Beta Product or to SIE Inc’s intellectual property rights in it, including loss or damage resulting from the disclosure of the Beta Product. You will immediately notify SIE Inc if you become aware that the Beta Product provided to you is distributed or transferred to a third party, and you must use your best efforts to help recover the Beta Product and to prevent any further loss of disclosure

    And this part
    This license does not include the right to, and you agree not to (a) rent, lease or sublicense the Beta Product or make it available on a network to other users; (b) modify, adapt, translate, reverse engineer, decompile or disassemble the Beta Product; (c) create derivative works from the Beta Product; or (d) copy, publicly perform or broadcast the Beta Product in an unauthorized manner.

    Confidential Nature of the Beta Product


    You acknowledge that:

    (a) The Beta Product and any information regarding your use of the Beta Product is SIE Inc’s confidential information. You may use the Beta Product only in your home solely for the purpose of testing the Beta Product, and you will not transfer, distribute or disclose any materials, User Material, or any information in connection with the Beta Product to any third party, including through a public exhibition or display. You may not discuss your experience with the Beta Product with third parties or publish or disseminate information about those experiences;

    (b) the Beta Product is not thoroughly tested and includes pre-release materials that are not intended for public release;

    (c) the features provided in the Beta Product may not be available in the final release;

    (d) disclosure of any part of the Beta Product, User Material or your experiences using the Beta Product to any third party, including any trade or consumer press, news agency or any competitor of SIE Inc, will cause significant and irreparable harm to SIE Inc, the extent of which may be difficult to ascertain. Accordingly, SIE Inc is entitled to injunctive relief as well as all other legal remedies that may be available if you breach this Agreement.
     
    Last edited by th3joker, Feb 11, 2017
  7. WiiUBricker

    WiiUBricker Insert Custom Title

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    I would say no because PS4 firmware updates are copyrighted content. That said, you won't go to jail for it.
     
  8. Zero72463

    Zero72463 GBAtemp Maniac

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    My firmware thread has a beta firmware in it. I was planning on adding another. I will remove them if I have to.
     
  9. SickPuppy

    SickPuppy New Member

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    Why not just host it yourself, maybe to your dropbox or google account, then you can share it with everybody.
     
  10. Zero72463

    Zero72463 GBAtemp Maniac

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    It won't just work like that, people think Sony are that dumb. You would need the account that is accepted for the beta firmware.
     
  11. th3joker
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    th3joker GBAtemp Regular

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    I may or may not already have the 4.50 beta firmware ps4updat.pup in my possession that i may or may not have found on another scene site in the comments section in a mega link. The same beta is supposedly being tested on old fat ps4s to install linux and that the ps4 pro and ps4 slim already have been confirmed to be exploitable o the beta fw but requires a device that requires soidering
     
  12. Zero72463

    Zero72463 GBAtemp Maniac

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    You are talking about racer. I wouldn't do what he says, also like I said above you can't just install it.
     
  13. th3joker
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    th3joker GBAtemp Regular

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    I will test installing the beta i may or may not have on my ofw ps4 i have a spare 1.75 fw new in box anyway for the day pirates win
     
  14. Zero72463

    Zero72463 GBAtemp Maniac

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    Stop acting paranoid just say you have it cause Sony doesn't care. Why don't they care? Because it won't work for a console that doesn't have an account accepted for the beta firmware lol. Also we already have it on this site along with many others.
     
    Last edited by Zero72463, Feb 11, 2017
  15. Cyan

    Cyan GBATemp's lurking knight

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    officially, you can't rehost something which is not yours.
    so, linking to their firmware hosted somewhere else than their servers is not legal.

    They used to keep all their previous firmware freely available on their servers, but after 3.56 PS3 they decided to delete all previous version and force people to update to use PSN, keeping only the latest firmware online.
    linking to all their firmware files is now not possible directly from their servers, only the latest is.


    I've been "closing my eyes" on your thread, even fixed an error on it. it's not paid games or application that you are sharing for free, it's a file which was or still is freely available at one point in time to any users. anyone could make a copy of that file for themselves on their own computer or storing place in the past and own that file. Owning that file is not illegal, the file by itself is not illegal to download. If anyone can get it for free directly from sony's servers at one point, sony deleting the link doesn't make that file illegal to keep. you could have legally downloaded that file long time ago for your own use, and use it later even if it's not the latest at the time you install it to your console. only sharing/rehosting it is not legal, as it's not yours. Downloading it is not illegal. (it's only the responsibility of the uploader which is at stake, not the downloader getting a file provided for free by sony)
    Sony made offline update a feature, installing from USB is an official update method. (unlike nintendo consoles which requires eshop connection to update officially)


    the Beta versions are maybe different.
    I don't think Sony provided a link to the beta version publicly.
    it's not officially provided, and it could be dangerous to end users. it's maybe not a good idea to let users get it, even if it's linked directly from Sony's servers and not being rehosted.
     
    Last edited by Cyan, Feb 11, 2017
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  16. Zero72463

    Zero72463 GBAtemp Maniac

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    I completely understand. If anything in my thread seems non-legal to you feel free to remove it. I want to keep it updating as much as possible, but I don't want it to be closed. Thanks! :D
     
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  17. th3joker
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    th3joker GBAtemp Regular

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    Link to your thread? I need 1.75 and 1.76 cex ps4 fw ;)
     
  18. Zero72463

    Zero72463 GBAtemp Maniac

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  19. MarioMasta64

    MarioMasta64 hi. i make batch stuff and portable shiz

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    so basically no. no sharing. and make sure noone gets the file from your computer while youre sleeping. xD second parts a joke but basically what it means. in a more realistic term. dropping a flash drive containing the beta software