| thranx said: As far as what i have read what he did was akin to jailbreaking your device for your use and posting instrucutions for others to do so. Which as far as I knew was similar to the iphone case which apple loss. Thus the precedent would be in hotz favor albeit a difference device.
In regards to your exapmle i do not see how that is the case. It would be the person that uploaded the game for download or downloaded the game who should be punushed. Not the person who created the program. It is illegal to pirate software already. Maybe I am confused by your example. But please tell me how this differs from jailbreaking any device |
First of all, jailbreaking a phone, (see that link i posted) is one of the only exemptions because phones require a carrier and you cannot be limited to a carrier. It took years upon years to get consumer phone rights, starting with keeping your phone number upon switching carriers, to lowered security deposits etc etc. It was deemed anti-consumer to force customers to use the exclusive carrier because it wasn't fair both to the consumer AND to other companies who wanted to offer better rates. That is the sole reason that jailbreaking phones was allowed. Granted, the jailbreak occurred before the exemption, so the DMCA had to be altered to allow it, which is similar to this case, but disimilarly, there is no consumer infringment occurring with the ps3/ Additionally, the main function of jailbreaking a phone is to switch carriers, while jailbreaking a ps3 does not carry that same obvious reason except for piracy.
It is for those reasons combined that jailbreaking of phones was allowed, and why the hacker won that case.
And referring to my example, that is exactly what would happen because the person who uploaded the game would be uploading the full game, which is protected from unauthorized use by cdkey and security measures. So, on its own, uploading the game is not punishable. It is perfectly legal, and in many cases you can download the full games from many online sites, but then need to buy a cd-key to use. So, according to my example, and in reference to geohotz crack, this would enable people to upload full games, and then use his method of reverse engineering (which he is currently being sued for) to crack the games themselves.
