Sony’s War on Makers, Hackers, and Innovators

[Kasz216]

funkateer said:

Kasz216 said:

funkateer said:

"See the recent phone rulings... it was ruled legal because the same steps needed to make use  of legal locked programs allowed piracy.

The piracy is still illegal, but not the jailbreaking iteslf."

As I understood the phone rulings, jailbraking the iPhone was deemed legal because the court ruled that locking the iPhone was not to protect copyright or security, but only to prevent competition of phone carriers. As such, it was also stated that jailbreaking an iPad is still illegal.

Phone carriers are obviously not involved in the PS3 case, so it's an entirely different matter.

I'd reread the  lawsuit... the ruling effects all mobile devices, and not just for use of phone carrier, but also "free aps" vs an "app store".

Or in this case "Hombrew" vs "Liscensed products."

Not all mobile devices, all mobile phones. It does not include iPads, for example.

Here are the 6 exemptions detailed:

http://www.eff.org/deeplinks/2006/11/new-dmca-exemptions-granted

It says nothing about 'free apps vs app store' or 'licensed products vs homebrew'. It says nothing about geohots PS3 jailbreak being legal.

That's not the ruling you know... that's the last exemption run anwyay, it's not related to the Iphone suite.

Here is it explained.

http://news.cnet.com/8301-31021_3-20011702-260.html

Aside from which, as for the PS3 jailbreaking to be legal or not, hasn't been ruled on yet.  However assuming things go to normal precedent it will be ruled legal.

Right now it's a big pile of "who knows, probably."

It'd be like if somebody Jailbreaked their cars firmware to run a free GPS system that works for cellphones.  Would it be legal?  Dunno, probably.

 

Now I know what your saying "User agreements!"

A) The Useragreement for this happens when you sign up for a PSN account... which Geohot never did.

B) User agreements themselves are seen as largely unenforceable outside of voiding someones warranty.  Hence why even if you said Sony a clearly modified chipped PS2, all they would do is send it back at your expense.  EULA's have pretty mcuh never been argued in courts because well... companies pretty much accept they would LOSE.  EULA's are more reasons to let people void warranties and try and scare people.