superchunk said:
Ail said:
alekth said:
Here are the 8 claims he's being sued on, copied from engadget (comments are theirs as well).
- Violating §1201 of the Digital Millennium Copyright Act, which forbids bypassing access control measures;
- Violating the federal Computer Fraud and Abuse Act, which forbids accessing computers without authorization;
- Guilty of contributory copyright infringement for encouraging and helping others to crack PS3s as well;
- Violating the California Computer Crime Law, which is the state computer fraud act (think of this as a backup fraud claim);
- Violating the PlayStation Network's Terms of Service (which feels meaningless, really);
- Interfering with Sony's relationships with other PSN customers (also meaningless);
- Trespassing on Sony's ownership right to the PS3 (this one feels weak) and;
- Misappropriating Sony's intellectual property (another weak argument, but there in case the copyright argument fails).
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After looking at the content of his jailbbreak I would think 3 and 8 can easily stick...
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However, they cannot stand on their own. The require proof of breaking actual laws. 3 and 8 are simply supporting measures to add insult to injury.
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While the DMCA states it as illegal, that same law also said it was illegal for him to jailbreak his iPhone. That portion of the law was determined as nonsensical in the courts and so now people can jailbreak his iPhone. It doesn't matter how the senate worded the law, it's up to the judicial system to determine how it should be interpreted. Senators don't know jack about technology and judges know this, so the moral issues will prevail and the PS3 and its firmware will be ours to mod if we feel like it.
People in this thread are just way too emotional because the PSN got screwed. I bet 6 months to a year from now you will have mostly forgotten about it and change your opinions on the subject. Don't let your emotions convince you to take away your freedoms.
