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Kasz216 on 10 March 2011
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theprof00 said:
Kasz216 said:
Icyedge said:

Even if you forget that the majority of modified console arent ban, you still cannot use this information against Geohot. It doesnt prove they used the Geohot hack neither if they downloaded it from him. While your right on the account that downloading an hack is not enough to charge someone of piracy (I said it myself in an earlier post) its enough to prove the scale of the distribution made by Geohot.

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.

Security keys aren't drugs.  Without use they are nothing but a string of numbers.

If I say 9fk2ke99fj3hha0028gh3p1uddyy29na2.  That's just numbers and letters.  Drugs are always drugs.  Basically eveyrone who has read those numbers have been "distributed" the key.  Drugs are always drugs.

Outside that, he doesn't deny distributing it, how many people he distirbuted it too is immatieral and doesn't change anything unless sony  wants to use it to imply damages.

According to Sony it is.  That's included in the charges.  Because the crack bypassed Access controls as well as Copy controls.   It's POSSIBLE/PROBABLE that they will rule that because of the way the PS3 is set up, to crack the access controls is the only way to crack the copy controls that sony is out of luck... but that hasn't been decided yet.  However if they DO rule that the rest of the case falls apart as well as it will be a repeat ruling of the Iphone case.

 

Also, i'd say it's a huge stretch to suggest it should be held in california based on who downloaded it.  Since the alleged crimes happened in New Jersey.