judge is giving sony ips from youtube, twitter and geohotz website

[Mr Khan]

theprof00 said:

Mr Khan said:

theprof00 said:

Mr Khan said:

This is a flagrant violation of consumer rights to a severe degree.

Watching youtube vids makes you a criminal!

Sony is going to get their ass handed to them on appeal so bad it'll make their heads spin

It doesn't say anywhere that watching a youtube vid makes you a criminal. They asked for the IPs so that they can conduct their investigation.

And IIRC the ToS is legally binding, and therefore cracking the ps3 is suable. 

Not when the terms of service conflicts with basic consumer rights, i wouldn't think.

 

Consumer rights exist to protect the consumer from being cheated by a company. Sony is not cheating you with the playstation. You do not have the right to do whatever you want with a product/with ANY product or service that comes with a ToS/ToA CONTRACTUAL agreement, UNLESS that ToS/ToA has been deemed to violate consumer protection.

In this case, Sony's ToS does not. There is no practice in place to take advantage of the consumer. UNLIKE the cell phone ruling previously, cell phone contracts were deemed to violate consumer protection because rates were higher and customers were locked in what amounted to a monopoly.

Now, this isn't saying that anything you do outside the product's intended use is unlawful. I mean, it IS technically, but as long as you keep it to yourself, nobody is going to be coming around checking out your products, and if you're ever arrested for something unrelated, they're not going to confiscate your stuff. The difference here is that he DISTRIBUTED the means for the world to easily crack the product.

This would be like if I bought one of those unlockable processors, and then hacked it to deliver the fully upgraded performance. That is illegal, but nobody is going to find out. However, if during my hack, I discovered a simple keygen or file or button sequence that could unlock it, and I distributed that hack throughout the internet. THEN, I'd be in real trouble.

PS: I don't know how much you know about internet file distribution and illegal file sharing, but people who download files are almost never prosecuted. They ARE, however, responsible if they UPLOAD the files. Which is why those file sharing programs got people in so much trouble because the software automatically uploads your downloaded files.

That could be where removing Other OS comes back to haunt them, then, because doubtlessly the terms of service reserved Sony's right to do so. They have been acting like users don't own the product, which would then void their ability to tout their ToS with impunity. The whole circumvention of DRM thing is a grey area anyway under the DMCA, and in this case they would have to prove substantially that Hotz intended this to be released for the purposes of piracy

And i know distribution of copyrighted files is what's illegal. The fun part is that, as SSJ12 pointed out, script and keygens and such cannot be copyrighted, merely patented, and there's nothing wrong at all about distributing the details of a patented item