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Forums - Sony Discussion - Geohot Pleading with Community for Donations in PS3 Jailbreak Case

LivingMetal said:
Tsudai said:

Comparing the jailbreak of the iPhone with what is happening to the PS3 is a stretch, at best. The ruling for the jailbreak of the iPhone being legal states specifically that that ruling only applies to "wireless telephone handsets". On Tuesday, July 27, 2010, the Librarian of Congress created 6 new class of works that would be exempt from the DCMA, with 2 dealing specifically with jailbreaking of those "wireless telephone handsets".

The two classes as quoted from the Federal Register / Vol. 75 No. 143 / Tuesday, July 27, 2010 / Rules and Regulations are:

"B. 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."

and:

"C. Computer programs, in the form of
firmware or software, that enable used
wireless telephone handsets to connect
to a wireless telecommunications
network, when circumvention is
initiated by the owner of the copy of the
computer program solely in order to
connect to a wireless
telecommunications network and
access to the network is authorized by
the operator of the network."

The first class is one that many people would see as applying to the PS3 for the case of homebrewing. However, it states specifically that this new class is in regards to wireless telephone handsets ONLY. The second class is probably the one most people know of, that allows people to jailbreak their phones so that they can use their phones on the wireless network provider of their choice.

What I find interesting is another class, that in all probablility not many people know about, that was introduced by the Librarian of Congress in the same document as stated above that deals specifically with video games and the circumvention of their security:

"D. Video games accessible on personal
computers and protected by
technological protection measures that
control access to lawfully obtained
works, when circumvention is
accomplished solely for the purpose of
good faith testing for, investigating, or
correcting security flaws or
vulnerabilities, if:
•The information derived from the
security testing is used primarily to
promote the security of the owner or
operator of a computer, computer
system, or computer network; and
•The information derived from the
security testing is used or maintained in
a manner that does not facilitate
copyright infringement or a violation of
applicable law."

This is where I think SONY could have a case if you say PS3s are PCs. If Geohot brought the weak security protection to SONY's attention beforehand so that SONY could look into it and not just post the key on his site for the world to see, I doubt SONY would be suing him. If PS3s are not PCs, then it could be argued that this class does not apply.

So yes, Geohot has every right to hack HIS system. But when he posted the keys to the PS3 for everyone and their mother to see while pretty much giving SONY the finger, he crossed a line. He broke and exposed a flaw in the PS3's "technological protection measures", but he didn't use this knowledge to help SONY fix it. What he really did by exposing this flaw in the way he did it is "facilitate copyright infringement".

Link to the Federal Register PDF: http://www.copyright.gov/fedreg/2010/75fr43825.pdf


:::applause:::


Indeed :applause:

That was actually quite the read, thanks for sharing Tsudai



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fordy said:
Scoobes said:
fordy said:
Esquoret said:

 The creators have the say, and the least we can do is respect that. So if anyone doesn't like the PS3 and its values, you're better off donating/supporting a company that makes products to your liking and values, rather than giving to a dead end cause as is the case with Geohot.

And what happens in an endgame case when ALL companies that offer products force you to play by their rules? This is what the current case will decide.

It really won't. People are making a mountain out of a mole-hill. The laws are already in place, this ruling isn't going to change a thing.

Future cases are ruled based on the outcomes of previous cases. Why do you think that lawyers refer to previous case outcomes within the trial? The ruling might not always go that way, but it would give it a tremendous boost towards the side of corporate control.

That's paranoia because from what I can tell, the laws are already on Sony's side in this case. This ruling isn't going to change that. Is it so hard to see that what he did is wrong? You're allowed to modify your consoles, you're allowed to hack your consoles, hell, you're allowed to convert into a mini aeroplane if you wanted! What you can't do is publicly compromise security.

I'm actually all for homebrew as they do some amazing stuff, but he's really acted stupidly here.



fordy said:
scottie said:
IMU1808 said:
scottie said:

 

Problem here is that SONY's the one doing the manufacturing and selling.
Geohot's the douche that told a bunch of people how to use the device he had nothing to do with the creation of, how to use that device in a way it was never intended. This led to the people using it in ways that violated the law such as piracy and rumor has it, also a way to punish those that are using the device the way it was originally intended and doing nothing wrong... But hey, let's let Geohot be... he's not a bad guy... It's not his fault that his actions led to something bad.

 

Sorry if my analogy didnt make sense

 

Manufacturers of pocket knives provide the public with tools that can be used for good or bad, We don't blame them for people who misuse their product, we blame those misusing the knives.

 

Geohot is producing something that can be used for good or bad, but we are blaming Geohot instead of those who are creating and distributing (or even downloading) pirated games. Sony is very much sueing the wrong person and I am surprised so few Sony fans can acknowledge this.

100% true!

People should be rerouting their anger from Geohotz and towards the people who are actually performing acts of piracy. There IS a difference here, people.

Just posted my thoughts on the analogy, but I'll add a few things.

Your logic is not wrong, but your perspective is not wide enough.

The question is, was there piracy before Geohot cracked open the console? Alot more uncommon I suppose. And what has happened after the works of Geohot? Whatever his intentions were - I can even accept that he's 100% against piracy - he is still accountable to providing a much easier path for pirates and cheaters to accomplish their goals. It's about being a man and take the responsibility of the consequences of your actions.

I believe that IF he's 100% against piracy, he should play it real safe with the code and use it wisely, instead of releasing it to the whole world. See, the right use of a product is necessary for the protection of its consumers. What if the manufacturer of the knives sold freely to little kids as well, knowing that maybe one out of ten of these kids would stab someone in the eye playing with the knives. Should not the manufacturer take responsibility, and from that moment on employ regulations and laws for the protection of the people and their experience with the product.

Protection may seem a little over-protective at times, yet the fact remains that Sony is the creator of the PS3, so the creator has set the boundaries for interactions with their creation.

The PS3 already does alot. I know it doesn't do everything like it sensationally claims, but still for a console, it does enough. Sometimes as consumers we should just be content, or simply support someone else.

This whole thing seems to gained its spark from the removal of Linux. That act of Sony was done in protection from pirates - it's sad but not without good reason. Like seriously, why wouldn't Sony want their product to have one more function if it could without jeopardising security? The more things you do, the more appealing the product is, the better it should sell - it's common sense. I don't believe Sony is happy to remove one of their features that was promised with the PS3; they don't sit there and think, "Suck it, consumers! You thought you could install Linux, but not anymore!" No, but perhaps it's more like, "Shit, pirates have found a way through. Linux seems to be the weakness...Sigh, I guess we have to remove it for the bigger picture."

To sue Geohot is a stance that should be taken. Otherwise to me as a PS3-user it'll just seem like the creators don't even give a shit about the state of their creation. And also, again, Geohot should take some responsibility as he did something that wasn't in line with the creator's intention, and he did it in full knowledge of the channel that would be opened by his actions. The suing will not take down the pirates, hence they're hard at work at their infamous firmware updates too. But the suing is an expected, decent message in a lesson of trust and respect.



My website: Precocious Ragamuffin

Scoobes said:
scottie said:
IMU1808 said:
scottie said:

 

Problem here is that SONY's the one doing the manufacturing and selling.
Geohot's the douche that told a bunch of people how to use the device he had nothing to do with the creation of, how to use that device in a way it was never intended. This led to the people using it in ways that violated the law such as piracy and rumor has it, also a way to punish those that are using the device the way it was originally intended and doing nothing wrong... But hey, let's let Geohot be... he's not a bad guy... It's not his fault that his actions led to something bad.

 

Sorry if my analogy didnt make sense

 

Manufacturers of pocket knives provide the public with tools that can be used for good or bad, We don't blame them for people who misuse their product, we blame those misusing the knives.

 

Geohot is producing something that can be used for good or bad, but we are blaming Geohot instead of those who are creating and distributing (or even downloading) pirated games. Sony is very much sueing the wrong person and I am surprised so few Sony fans can acknowledge this.

The difference in this case though is that GeoHotz didn't manufacture anything himself, but compromised someone else's tool.

It's more like he broke into someone's car, left all the doors open, turned the engine on and left it in a bad part of town... and then posted a youtube clip on the internet about his awesome ability to break into cars... but it's OK c'os he didn't steal it...

He compromised the security and then bragged about it. He acted like a fool and whilst he might not be the one who's pirating, he still screwed up.


I love how people are just ignoring that and posting crap like we'll have no rights with what we buy in the future if SONY wins. If a manufacturer makes something that people don't like, it won't sell and they'll just lose out on R&D. 



He aint getting any of my money, especially after that particular rap video.



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IMU1808 said:

I love how people are just ignoring that and posting crap like we'll have no rights with what we buy in the future if SONY wins. If a manufacturer makes something that people don't like, it won't sell and they'll just lose out on R&D. 


And I love how you assume that corporations do not get their heads together in order for mutual benefit. Why do you think oil prices are so high, yet big oil continues to reap bigger profits every year? If one of those big corporations broke the trend, they'd ALL have to follow suit, but they're not, are they?

If profits are involved, corporations WILL work together, whether it's Sony, Microsoft OR Nintendo.



Icyedge said:
fordy said:
Esquoret said:

 The creators have the say, and the least we can do is respect that. So if anyone doesn't like the PS3 and its values, you're better off donating/supporting a company that makes products to your liking and values, rather than giving to a dead end cause as is the case with Geohot.

And what happens in an endgame case when ALL companies that offer products force you to play by their rules? This is what the current case will decide.

Its already like that. When you purchase an electronic product, your being limited by the software and hardware on it. Though, you have all the rights in the world to choose between different product and features. You even have the rights to modify them and re-program them for your personal use. Your not going to loose anything you can already do with this cause.

@ Fordy:

Yes, indeed it's already like that, hence you press "I agree" to the terms whenever you begin using a new product.

And hence the following:

IMU1808 said:
I love how people are just ignoring that and posting crap like we'll have no rights with what we buy in the future if SONY wins. If a manufacturer makes something that people don't like, it won't sell and they'll just lose out on R&D. 

Competition will prevent total corporate dominance from happening. If Sony starts to become really unfair with their terms and totally unreasonable - even changing their PS3 motto to "It only does one thing, only when we allow you to!", then I'll be the first to switch sides and become a Xbox fanboi =)

And if indeed ALL companies are starting to become like that, then I guess that's the time of the one-world government, one-world economy, one-world religion, and soon we'll all be forced to put a chip in our right hands to even have a place in society (which may inevitably come sooner than we think).

But that's more suited for an eschatology thread. As much as I'd like to talk about that topic as a Christian, this little Geohot case is far off that level. It's simply a company holding someone accountable for what they've done, and doing it with sound legal backing. Nothing that we should really be worried about.



My website: Precocious Ragamuffin

fordy said:
IMU1808 said:

I love how people are just ignoring that and posting crap like we'll have no rights with what we buy in the future if SONY wins. If a manufacturer makes something that people don't like, it won't sell and they'll just lose out on R&D. 


And I love how you assume that corporations do not get their heads together in order for mutual benefit. Why do you think oil prices are so high, yet big oil continues to reap bigger profits every year? If one of those big corporations broke the trend, they'd ALL have to follow suit, but they're not, are they?

If profits are involved, corporations WILL work together, whether it's Sony, Microsoft OR Nintendo.

You're comparing a need like oil with a luxury like games? Ok, buddy...





theprof00 said: