(Speaking hypothetically) So what if PD released gt6 with Sony's ps4 and had the games hardware in the systems software? Say they got rid of blu-ray disks and the game came as a bundle with the system. Could they ban/sue then?
They can sue in either case, regardless of what the terms of service or system software license agreement says, because the immaterial rights belong to Sony and Polyphony Digital. If you alter their work, they can sue you. And it's not just a matter of Sony being duchebags, I'm sure a lot of car manufacturers (like Ferrari) aren't too happy about 4 meter tall cars, or wheels sticking out from the body. Polyphony Digital bought the license to include their cars in the game, but they didn't buy the license to make them look ridiculous.
(Now someone is going to argue about pink cars and Forza abominations, but when you sit down with a car manufacturer you say "we want your cars in our game", they say "what are the terms?" and you reply "these things will be possible to do with the cars" and they say "alright, we can agree to that". Altering a car by hacking is an unintended way of modification, and allows for things that the manufacturer never agreed to. Pink paint chips and livery editors are part of the deal, hacking is not part of the deal.)
It wouldn't be very efficient to file lawsuits against thousands of gamers though so the best way is to find other ways of keeping people from doing things they're not allowed to. Like banning access to online services etc.
Regarding incorporating GT6 in the PS4 system software, I don't see how that would make sense. But hypothetically that would give them the rights to terminate your console, given that the PS4 system software license agreement is similar to the PS3's.
Having the rights to do something is not the same thing as doing it though, I don't think Sony has actually terminated any jailbroken PS3, only banned them from use of online services. Actually going ahead and terminating consoles might give some negative PR, so I guess it's in their interest to use the softer approach.
No problem. A lot of people get confused where the ToS actually apply. Mainly it is online where it does. But offline you have everyright to modify it to do whatever you want.
Nope, you don't have any rights to hack a game, online or offline.
The PSN terms only applies to PSN services, so if you're offline you don't use PSN. But immaterial laws still applies, offline or online.