joeorc said:
also on the same token the consumer protection law's also can be used to show that Sony is doing just that. protecting the consumer's hardware from remote hack's! Sony would also be liable if they did nothing to prevent further attack's. this is about they removed the function of install other OS out of the xmb to prevent further security breaches across PSN, not the removal of Linux in of it's self. because the consumer does not OWN the right's to the Xmb. Sony can and will update the security of the xmb just like any software company. you and other's may say there is no way that a remote hack can happen, but as was shown even with the protection's in place the PS3's security was Breached by a "Consumer" when the Term's of service state's and which that consumer agreed to not to try to bypass the security and protection's of the PS3 OR PSN anyone that uses the CFW on the ps3 to gain access to PSN with a PS3 that still has Linux installed will be breaking that term's of service Sony removed the security threat of a linux enabled PS3 to PSN, thus Sony took what ever step's that they can to prevent remote hacking attempt's. if sony did nothing Sony could be Liable by not doing anything they may be liable for: NEGLIGENCEThe failure to use reasonable care. The doing of something which a reasonably prudent person would not do, or the failure to do something which a reasonably prudent person would do under like circumstances. A departure from what an ordinary reasonable member of the community would do in the same community. example: Sony would have to prove Prudence in this, which they have so if Sony can prove within reason that such a hack could be done remotely across their network, then it can be shown that Sony is protecting the consumer's that own the PS3 from external hack's. example: this firm: Root Labs offers design and review services for embedded and kernel security, crypto, and software protection. what solution did they give to use as a countermeasure it remains to be seen what security measures Sony has taken to address a hypervisor compromise. One countermeasure would be to lock down the OtherOS environment, since the attack depends on the ability to manipulate low-level OS memory structures. They could be using a simpler hypervisor than the GameOS side (say, one that just prevents access to the GPU). Perhaps the SPEs have a disable bit that turns off the hardware decryption unit, and the hypervisor does this before booting OtherOS. while I do not like the fact that Sony had to remove the Other OS install function from the XMB of the PS3 they did it for a security reason and the magistrate will most likely see it that way. If it can be shown that the company which make's the product is in prudence to protecting the Consumer's who purchased their product, than that company can reasonably be viewed IN COMPLIANCE and would not be culpable.
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I suggest you take a closer look at the Trade Practices Act of Australia, just to bring up that one example. What you're trying to argue is completely negated by it. Furthermore, when I spoke to the NSW Dept of Fair Trading, they made it pretty clear that considering my situation at the very least (where the FW change happened within a month of purchasing the console) that what happened was illegal and that I was entitled to either partial compensation or a full refund. The ownership of the XMB is irrelevant.
The fact you keep glazing over is that Sony marketted the PS3 to be capable of certain things. People bought it based on those things. The Trade Practices Act and similar legislation in the EU stipulates that the PS3 MUST retain those features for the life of the product. When this thing goes to trial or tribunal, it will be this fact that will see Sony sunk, no matter how crash hot their lawyers are.
In Australia, the EU and other regions where there are consumer protection laws, Sony's EULA and T&Cs are as binding as an other contract which attempts to facilitate illegal activities. Why do so many people in discussion thread on this subject seem incapable of grasping this.
