Just hit me.

As jailbreaking is legal in the US and has nothing against it in many other places,it would be easy to jailbreak and pirate games.

it goes fine for low budget phone games but hurts big time for the big budget games industry.

I don't think we will really see a phone anytime soon with an in-built NGP unless PLAYSTATION CERTIFIED Phones are a huge success and make people play hardcore games on their phones.That way SONY could include NGP in a phone and then drive down the game prices to compete with standard iOS and Android games.

It's a good point.

"Computer programs that enable wireless telephone handsets to execute software applications, where circumvention is accomplished for the sole purpose of enabling interoperability of such applications, when they have been lawfully obtained, with computer programs on the telephone handset."

I wonder if a device with 3G and able to use, say, Skype could fall under this exception even if it is not a mobile phone. Like NGP.

It isn't illegal to jailbrake a PSP either?

Hasn't been tested in court. Doing so involves circumvention of DRM, so...

Breaking DRM has been brought to court. A judge ruled it wasn't illegal

http://downloadsquad.switched.com/2010/07/26/judge-rules-that-circumventing-drm-is-not-illegal/

Great. I see no problem then.

I'm so glad we don't have a DMCA-like law (yet).

Well... Jailbreaking is sort of legal in the US.

It's legal but YOU have to do it.  It's illegal for someone to jailbreak your phone for you.

Which is... silly.

Running free apps on a jailbreaked phone isn't illegal, but running pirated apps is.

For example you can run a homebrew or free app solitaire game, but you can't run a pirated vesion of the solataire game in the app store.

Pretty sure this is the case for basically ANYTHING that's a closed system though.  Not just phones. 

Hence why Sony is expected to lose their lawsuit vs Geohot. 

People are free to hack their systems to use whatever firmware or OS they want.

As long as the action is legal... and going against a EULA isn't actually illegal.   Though Sony or whoever it is CAN cut you out of your warranty and refuse to service your products.

Hm, that ruling in the link doesn't seem to apply to a lot of states and could be further questioned. Would be nice though if they'd make something sensible out of it.

But in the end it still won't mean anything to Sony if they don't want to go with it, and given their current legal disputes they don't, so sadly a phone NGP seems indeed unlikely.

I was under the impression that Sony's lawsuit had nothing to do with geohot jailbreaking his PS3 and everything to do with him distributing the root code or whatever it's called. 

No.  They're trying to sue EVERYBODY including the people who jailbreaked it but didn't release the specifics.

Eitherway, none of it is actually illegal.  The only way Sony will win is if the Judge doesn't know anything about technology.  Which may be the case.  What with her ordering that the guy has to "retrieve all info he sent out about the hacks in emails."

Which... has the judge ever even used email before?