New EULA and why would anyone accept that ?

[Keen]

Heya, did any of you accept this new EULA ?

Feels like there's so many wrong things with it, I'm European and a lot of this would be illegal because of our consumers protecting rights.
I don't want to get "The Crewed" and the fact that it is considered "licensing" AFTER I already "paid" for the game in 2023 is so messed up...
Anyway I still wanna play the game but not under so many rules so... I guess piracy is the right way. (Yeah I've already beat the game multiple times and got every achievements but I still wanna play while doing some challenges I give to myself)

 
 I've Butchered some bits of the EULA 
 By purchasing, downloading or using the software product (“Software”), you agree to the terms of this Software Product License Agreement (“Agreement”). This Agreement is between PlayStation Mobile Inc. and you for mobile games, and PlayStation Publishing LLC and you for PC games (PlayStation Mobile Inc. or PlayStation Publishing LLC, “SIE”). If you do not agree to the terms of this Agreement, do not purchase, download or use the Software. Please read this entire Agreement, which governs your use of the Software.

Your use of the Software is also subject to the PlayStation Privacy Policy.

1. GRANT OF LICENSE

 The Software is licensed to you, not sold.  SIE grants to you a limited, non-exclusive license to use the Software for personal use on the system or device for which it was purchased. The license grant in this section is only effective after the SIE-authorized release date of the Software. Any rights in the Software not explicitly granted to you in this license are reserved by SIE, including rights to all intellectual property contained in the Software. This license does not include the right to, and as a condition of this Agreement, you agree not to (a) rent, lease or sublicense the Software or make it available on a network to other users without the express prior written consent of SIE; (b) modify, adapt, translate, reverse engineer, decompile or disassemble the Software; (c) create derivative works from the Software; (d) create or make available unauthorized mods; or (e) copy, publicly perform or broadcast the Software without the express prior written consent of SIE.

2. UPDATES, ONLINE SERVER SUPPORT, AND SOFTWARE AVAILABILITY

This Agreement will apply to all Software updates, including all downloadable content for the Software. SIE may, by automatic update or otherwise, modify the Software at any time for any reason. If the Software uses online servers,  SIE makes no commitment to continue to make those servers available and may terminate online features at any time. 

5. USER GENERATED CONTENT.

We may provide functionality that allows you to create, post, or transmit content such as text, messages, comments, screenshots, pictures, photographs, voice, music, videos, streams, gameplay and game-related information, and other materials created by you or others, or shared by you or others, via the Software or select third-party services (“UGC”).  By using such functionality, you grant SIE a royalty-free, perpetual, irrevocable, global license to use, distribute, copy, modify, create derivative works from, display, and publish your UGC for any reason, without further notice or payment to you or any third parties.  You further authorize SIE to sublicense its rights to any third party, including its affiliates. You hereby waive, to the extent permitted by applicable law, all claims, including any moral or patrimonial rights, against SIE, and its affiliates for SIE's, its affiliates, or any third party's use of UGC. By creating, posting, streaming, or transmitting any UGC, you represent and warrant that you have the appropriate rights to use, create, post, distribute, and transmit UGC and to grant the foregoing license, and that doing so does not infringe the rights of any third party or violate any law. We reserve the right to suppress, block, hide, remove, or delete any user information or UGC at our discretion, and to report any illegal UGC and related user information to the appropriate authorities. You agree to cooperate in resolving any dispute that may arise from your user information or UGC.

7. WARRANTY/DISCLAIMER/LIABILITY LIMITATIONS

EXCEPT AS PROVIDED HEREIN, THE SOFTWARE AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND, TO THE MAXIMUM EXTENT ALLOWABLE UNDER LAW, SIE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SIE DOES NOT WARRANT THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SOFTWARE WILL BE COMPATIBLE WITH ANY OTHER PRODUCT, THAT THE SOFTWARE WILL WORK PROPERLY ON ALL DEVICES, OR THAT THE THIRD-PARTY PLATFORM FROM WHICH YOU PURCHASE, OPERATE, OR UPDATE THE SOFTWARE WILL FUNCTION PROPERLY. SIE MAY, AT ITS SOLE DISCRETION, DISCONTINUE SUPPORTING THE SOFTWARE AT ANY TIME, AND SIE HAS NO LIABILITY FOR SUCH DISCONTINUANCE. SIE WILL NOT BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS, LOSS OF DATA OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT SIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL SIE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID FOR THE SOFTWARE. IF THE SOFTWARE IS PURCHASED AS PHYSICAL MEDIA (E.G., BLU-RAY DISC), SIE WARRANTS TO THE ORIGINAL PURCHASER OF THE PHYSICAL MEDIA THAT THE SOFTWARE IS FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD OF 90 DAYS FROM THE ORIGINAL DATE OF PURCHASE. SIE AGREES FOR A PERIOD OF 90 DAYS TO EITHER REPAIR OR REPLACE, AT ITS OPTION, THE SOFTWARE. PLEASE CONTACT SIE CUSTOMER SUPPORT TO RECEIVE INSTRUCTIONS TO OBTAIN THE REPAIR OR REPLACEMENT. THIS WARRANTY SHALL NOT BE APPLICABLE AND SHALL BE VOID IF THE DEFECT IN THE SOFTWARE HAS ARISEN THROUGH ABUSE, UNREASONABLE USE, MISTREATMENT OR NEGLECT. SOME JURISDICTIONS DO NOT ALLOW FOR CERTAIN LIMITATIONS OF LIABILITIES OR WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

You are bound by this Agreement’s most current version. SIE may modify this Agreement’s terms at any time. Please check this URL from time to time for changes to this Agreement. Your continued access to or use of the Software will signify your acceptance of the latest version of this Agreement.

9. BINDING INDIVIDUAL ARBITRATION FOR CERTAIN RESIDENTS

The following terms in this Section 9, to the fullest extent permitted under law, only apply to you if you are a resident of the United States or a country in North, Central or South America.

The term "Dispute" means any dispute, claim, or controversy between SIE or any of its current or former affiliates, including parents and subsidiaries, and any predecessor or successor entity to any of the foregoing, including Sony Interactive Entertainment America LLC, or any of is officers, directors, employees, or agents (collectively, "Sony Entity") and you regarding the Software, or the advertising, marketing, licensing or use of the Software, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section 9 (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" has the broadest possible meaning that will be enforced.

If you have a Dispute (other than one described as excluded from arbitration below) with any Sony Entity that cannot be resolved through negotiation as required below, you and the Sony Entity must seek resolution of the Dispute only through arbitration of that Dispute according to this Section 9’s terms, and not litigate that Dispute in court. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.

YOU AND SONY ENTITY AGREE THAT ANY CLAIM FILED BY YOU OR BY SONY ENTITY IN SMALL CLAIMS COURT IS NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION 9.

 IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION 9, YOU MUST NOTIFY SIE IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST PURCHASE OR DOWNLOAD THE SOFTWARE (WHICHEVER IS EARLIER). YOUR WRITTEN NOTIFICATION MUST BE MAILED TO SONY INTERACTIVE ENTERTAINMENT LLC, 2207 BRIDGEPOINTE PARKWAY, SAN MATEO, CA 94404, UNITED STATES, ATTN: LEGAL DEPARTMENT - WAIVER, AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR PLAYSTATION NETWORK SIGN-IN ID IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH SONY ENTITY THROUGH ARBITRATION. 

IF YOU HAVE A DISPUTE WITH SONY ENTITY, YOU MUST SEND WRITTEN NOTICE TO SONY INTERACTIVE ENTERTAINMENT LLC, 2207 BRIDGEPOINTE PARKWAY, SAN MATEO, CA 94404, ATTN: LEGAL DEPARTMENT – DISPUTE RESOLUTION, TO GIVE SONY ENTITY AN OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION.

You agree to negotiate resolution of the Dispute in good faith for no fewer than 60 days after you provide notice of the Dispute. If Sony Entity does not resolve your Dispute within 60 days from its receipt of notice of the Dispute, you or Sony Entity may pursue your claim in arbitration pursuant to the terms in this Section 9.

ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND SONY ENTITY SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.

If you or Sony Entity elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association ("AAA"), www.adr.org, or JAMS, www.jamsadr.com. This Section 9’s terms govern if they conflict with the rules of the arbitration organization that the parties select.

The Federal Arbitration Act ("FAA") governs the arbitrability of all disputes involving interstate commerce. However, applicable federal or state law may also apply to the substance of a Dispute. For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes apply including the schedule of arbitration fees set forth in section C-8 of the foregoing; for claims over $75,000, the AAA's Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings apply.

The AAA rules are available at www.adr.org or by calling 1-800-778-7879.

The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The arbitrator’s award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

You or Sony Entity may initiate arbitration in either San Mateo County, California, United States or the county in which you reside if you reside in the United States. If you select the county of your residence, Sony Entity may transfer the arbitration to San Mateo County, California, United States if it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.

If any clause within this Section 9 (other than the Class Action Waiver clause above) is illegal or unenforceable, that clause will be severed from this Section 9, and the remainder of this Section 9 will be given full effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section 9 will be unenforceable, and the Dispute will be decided by a court.

10. QUESTIONS, COMPLAINTS OR CLAIMS

You may submit any claims with respect to the Software to: Sony Interactive Entertainment LLC, 2207 Bridgepointe Parkway, San Mateo, CA 94404, ATTN: Legal Department. You may submit any questions with respect to the Software to SIE Customer Support. 

[Zappy]

Originally posted by Keen:

Heya, did any of you accept this new EULA ? Feels like there's so many wrong things with it,-

Just to make sure, are you aware that the ONLY difference to the previous version is "PlayStation PC LLC" being changed to "PlayStation Publishing LLC", the two times that it appears on the first line/paragraph?

Source: Using any online diff-checker to compare [the current EULA] (as of the 11th of June, 2024) to [the previous EULA][web.archive.org] (as of the 4th of December, 2023).

The only other differences compared to the very first version are...

- Changing "(“SIE” and you)" to "and you for mobile games, and PlayStation PC LLC and you for PC games (PlayStation Mobile Inc. or PlayStation PC LLC, “SIE”)", on the first line/paragraph.
- Whitespace changes (removing a space at the end of most lines in the "4. CODE OF CONDUCT" section; not changing any text).
- Adding "You are bound by this Agreement’s most current version. SIE may modify this Agreement’s terms at any time. Please check this URL from time to time for changes to this Agreement. Your continued access to or use of the Software will signify your acceptance of the latest version of this Agreement." into the "8. MISCELLANEOUS" section.
- Changing "11. ADDITIONAL TERMS" to "11. ADDITIONAL TERMS FOR MOBILE GAMES".

I agree that the EULA looks bad (not "bad"-bad, just as in "it says so much disconcerting, unnecessary fluff, like almost all EULAs do") - but it basically says the exact same now as when you bought the game.
Additionally, it has a section specifically about Apple iOS software, so it's clear that this is just a copy-pasted template that Sony uses for all of their games, with all edge cases (e.g. a multiplayer game's servers being shut down after 20 years) covered just in case.

[Keen]

Yeah it's just I've started reading EULAs and stuff from some games I got in my library.
I think I messed up my wording by saying "Eula update" I just couldn't figure any other way of saying something that I found new...
But you're completly right about the copy-paste EULAs, it's the same one for every Sony game, just felt angry about something I've read and did a post on here...
Thanks a lot for answering tho, love you for taking some of your time, I feel less upset and know how much more I need to research something like that :D

[Zappy]

Originally posted by Keen:

Yeah it's just I've started reading EULAs and stuff from some games I got in my library. -

I was editing this into my previous comment when you replied, so... P.S.:

Originally posted by Keen:

- the fact that it is considered "licensing" AFTER I already "paid" for the game in 2023 is so messed up... -

It was also considered "licensing" when/before you bought it - but keep in mind that this is just legalese for "you can't sue us if something unexpected happens"; they're not actually saying "we're going to take the game away from you when we want".
(Note that Steam's subscriber agreement also says "[...] The Content and Services are licensed, not sold. Your license confers no title or ownership in the Content and Services [...]". This is very common in EULAs.)

TL;DR: The EULA is "our lawyers told us to say this". Nothing more, nothing less.

Originally posted by Keen:

- Thanks a lot for answering tho, love you for taking some of your time, I feel less upset and know how much more I need to research something like that :D

You're welcome. To clarify, I don't "agree with"/"like" the EULA either, but I understand that it's just something that they "have to" say.

Fun fact: The modern 90's DOOM I/II re-releases' EULAs forbid modding - but ZeniMax and Bethesda officially support and promote modding for those games. The EULAs just say "no modding" so that they can take down problematic mods if they need to.