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Nereid said:

I think Sony has a decent chance. In case you didn't realise, a phone and a console are very different. The mobile companies force you to stick with them even after the contract ended, unless you pay to unlock it. On the PS3, it can only run games sold by Sony, you jailbreak it to play pirated as well as homebrew (hackers' defence). Its very hard to call though, I think it may go either way. 


You just described the same situation with a phone a console thus negationg your opwn point.

A phone is hacked to allow you to use programs not allowed by the phone carrier/company

A console is hacked to allow you to use programs not allowed by the console maker

See any difference?

Piracy or the risk of it has no effect here as it is not charged here. You can't say this is wrong because it could in someway be used for piracy, you would have to sue the user who does the actual piracy or hacks the actual games. as long as they are only using homebrew it is an almost identical situation to hacking phones wich this article states is legal in the us.