M.U.G.E.N said:
1. they created the method to do so, and I don't know what they pirated themselves now would I?
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So, again, your theory is that they should be punished not because they themselves did something wrong, but because they're spreading knowledge to the people, some of whom may use that knowledge to engage in illegal activities.
Once again, your theory would hold every instructor liable for the illegal actions of his pupils. I reject that.
M.U.G.E.N said:
2. Sw modification for personal use should be fine as far as I know, but distributing that? Pretty sure that will have legal issues.
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Modification of any consumer product, especially software, is only possible for the majority of us is the more proficient share that knowledge first. Under your proposed framework, anyone who's ever written a book or made a youtube video which teaches people how to modify a person's personal property is liable to the product's manufacturers.
That's right, anyone who ever taught someone else how to make a mix tape, or remix music, is now liable to the record companies. Performing an action is kosher; merely spreading the knowledge to others is not. I reject this model of thinking as well.
M.U.G.E.N said:
again you are still stuck on the making it for self use part of it. If he himself used it then that's fine but this is like piratebay.
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From what I understand, this is actually incorrect. Torrent sites like piratebay offer users the copyrighted, pirated end product. The end user does not have a license to the product. The end user lacks any property right whatsoever to the copyrighted product. That is not modifying their own property, but stealing that of the copyright holder.
Here, by contrast, the defendants have merely told property owners how the property owners themselves can modify their personal property. The modifiers obviously own the right to the property they are modifying (the PS3), since it is impossible to modify hardware that you do not physically possess.
To break it down even more, you're accusing the defendants here of distributing pirated games to the masses. They are not. There is a clear line separating what the defendants herein are doing and what you're accusing them of doing.