Kasz216 said:
Except, it isn't. People may have downloaded it, but you can't actually prove they did anything with it. It would actually be fairly easy to argue "prove that they used it." |
That's exactly the point. All Sony are doing is proving that Geohot distributed it, while at the same time making the case that it should be held in California based on twitter contacts, etc etc in California, which also isn't that much of a stretch. CA is Sony HQ in USA, and it is very much a tech/pop-tech state.
Distribution has nothing to do with use. A drug dealer who sold drugs to a cop gets arrested because he distributed it. The cop doesn't have to use the drugs in order to prosecute.
This is also the reason why we are telling you that they cannot go after people that downloaded hacks. They would have to get search warrants on every single person, and then prove beyond a doubt, that they themselves downloaded and installed the crack. And even then, what can they do? Cracking the hardware is not against the DMCA. Distributing the crack IS.