Killiana1a said:
Sony needs to get smart about how they approach this. Going after them solely immediately summons the idiotic,tired ass symbolic fight of big mean corporation vs. the little guy.
Here is what I would do if I were Sony. Band together with GameStop, Wal-Mart, and all the used video game sellers, get the names of at least a dozen or so of these hackers, ask the used video game sellers to file the lawsuit as a group in a class action, as Sony front the legal expenses for the class action lawsuit, and sue the hackers so that their great, great,great, great grandchildren will be living in extreme poverty.
Sony is not going to win this one by claiming damages and future damages as a single entity. They need GameStop, Wal-Mart, and the entire used video game industry to make the argument that what these hackers are doing is compromising a whole industry because compromised consoles cannot be sold without a risk to the seller and buyer.
Hackers can argue well, "I was doing it for private use...blah, blah, blah, blah, blah and blah." That being said, their argument is laughable when the fruit of their actions appears on the Internet with instructions for other individuals to do the same thing. Finally, with their individual actions done, shown on the Internet, and replicated they really don't have a cogent argument as to how individuals compromising PS3s will not affect the next user of that PS3 once they sell it used.
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So, your plan to solve the "Big evil corporation vs the little guys" plan....
Is to change that to "A bunch of big evil corporations vs the little guys" plan...
See the RIAA on why that makes it worse.
The further up you go, the LESS sympathy people have.
If Sony wanted MORE sympathy they would force their individual developers to sue. Increasing the groups power and resources only makes them look worse.
Right now they are getting hammered by public opinion for attacking individuals for things that probably aren't illegal or shouldn't be, and using giant hammering resources to try and crush them before a trial. Which is basically Sony's usual MO.
They aren't actually trying to argue a legal point. They're trying to run out someones "reserves". Starve someone out vs face them in a fair battle so to speak. By increasing the ability to starve someone out and use litgation as a way to get your way yet avoid anyoen day in court... you've only made things worse.
