Xen said:
Kasz216 said:
Xen said:
voty2000 said:
LivingMetal said:
You guys just need to stop making excuses and just see the truth of geohot being a malicious enabler. Legality, common sense, and his personal actions point towards this. It's just sad some of you would trade the love of gaming for a vendeta against Sony. Your loss of character, not mine.
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Just listen to the arguments. It's about consumer rights to use their devices how they want. Few if anyone are defending piracy, which is illegal. The majority are defending their right to do what they want with what they bought. I have no vendeta against Sony because I'm not retarded enough to pledge loyalty to any multi-national gaming company that could care less about me, only my money. You're the one with loss of character for taking a stance for a corporation that wants to take away consumer rights. Fight the pirates, not the modders. It's a simple concept.
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He broke copyright code by modifying and distributing his CFW, and what he has made available in face of signing codes for people can easily is, in legal terms, "aiding and abetting".
In other words, he is guilty as sin. Let people do what they want with their devices? Alright. As long as it doesn't compromise others, but hey, that's all it achieved so far. Do whatever you want, however, don't break the law. He did.
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Actually, if he's "guilty as sin" chances are that means Sony is too and will lose the Other OS lawsuit.
B. SCEA’S Statements in Hotz.
In Hotz, SCEA sued several PS3 users for injunctive relief and damages in connection with their purported unauthorized access to and copying of SCEA’s proprietary PS3 technology. In the complaint, SCEA claimed privity of contract with the defendant PS3 users, although the users did not purchase their PS3s directly from SCEA, but rather at retail. SCEA’s complaint in Hotz (attached to the RJN as Exhibit A) states, in pertinent part, as follows:
15. This Court has personal jurisdiction over each Defendant for the following reasons, among others:
(a) On information and belief, Hotz has purposely availed himself of the benefits of this district by doing business with PayPal, Inc., a company located in San Jose, California. Specifically, Hotz has utilized his PayPal account to solicit and obtain financial benefits in connection with the unlawful conduct alleged herein. Hotz is also subject to personal jurisdiction pursuant to the PlayStation Network Terms of Service and User Agreement (“PSN User Agreement”), which is attached hereto as Exhibit A. On information and belief, Hotz has used software updates delivered by SCEA for one or more PS3 Systems he is using. To obtain such software, users must consent to the terms and conditions of the PSN User Agreement, which require that both parties submit to personal jurisdiction in California and further agree that any dispute arising from or relating to this Agreement shall be brought in a court within San Mateo County, California.
53. All PS3 System users who have used software updates delivered by SCEA for the PS3 System are bound by the PSN User Agreement or similar agreement. A copy of the PSN User Agreement is attached as Exhibit A and incorporated herein by reference. On information and belief, Defendants herein have consented and are subject to the terms of the PSN User Agreement or similar agreement.
92. SCEA is informed and believes and thereon alleges that Defendants agreed to the terms of the PSN User Agreement or similar agreement and entered into that contract or similar agreement with SCEA. The PSN User Agreement or similar agreement is a written contract that limits their use of the PS3 System, related hardware, and related code, including restricting access and governing allowable uses.
97. SCEA has contractual relationships with users of the PlayStation Network.
SCEA further claims in its Ex Parte Motion for Temporary Restraining Order, Order to Show Case Re: Preliminary Injunction, and Order of Impoundment; Memorandum of Points and Authorities in Support (“TRO Motion”), filed on January 11, 2011, that “Hotz is bound by the ‘Playstation Network Terms of Service and User Agreement.’” RJN, Exhibit B. The Court ultimately issued the TRO sought by SCEA. RJN, Exhibit C. Thus, in Hotz, SCEA itself argues that SCEA maintains contractual privity with all PS3 users, which supports plaintiffs’ breach of implied warranty claim, and contradicts arguments made by SCEA in its motion to dismiss that claim.
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Maybe I'm stupid, but doesn't that work against him?
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It's not legal Precedent or anything. It's Sony's arguement in HIS case. Though yes if true, it works against him... and also sony. If they find HIM guilty that also means Sony is guilty in the Other OS case.
Compare that to their arguement in the Other OS case.... which actually helps Hotz case... and no doubt will be used as evidence that even Sony doesn't believe what they are saying.
They are argueing that Hotz is guilty because Sony has continueing privity with all of their customers... and is argueing they are not guilty in the OtherOS case because their is no privity between them and their customers.
In otherwords... even SONY believes they are wrong in one of the two cases they are involved in... they just aren't willing to say which and hope they get ruling in their favor in both ways.
"MR. PIZZIRUSSO: Okay. The reason why we allege we are in privity is because of the fact that there is an express warranty. And implied warranties flow from express warranties, Your Honor. This is all part of the same kind of relationship here.
THE COURT: Okay. Let's do it this way. I understand that part of your argument. What other arguments do you have on the privity issue on implied warranty?
MR. PIZZIRUSSO: Well, let's look at one of the exhibits to Carter Ott's declaration in support of this motion. It's Exhibit B, Your Honor. Exhibit B says this is the system software license agreement between the plaintiffs and the defendants --
THE COURT: Okay.
MR. PIZZIRUSSO: -- that they say controls here. We've said -- they have said, "Take judicial notice." We oppose that.
But to the extent the Court is going to take judicial notice, you should read the whole thing. Because, what it says is this agreement between a consumer -- I'm reading. The "between a consumer" part isn't in there. But this agreement is a contract with SCE. So the license agreement that Sony contends applies here, they say is a contract between them and the plaintiff. So if you're in a contract with Sony, we think that's privity.
Then they say, "SCE and its licensors reserve the right to bring legal action in the event of a violation of this agreement." So they're saying, "We can sue you, but you can't sue us because we're not in privity." That's one.
Number two, you know, I'm not in the other PlayStation case. I don't know what they alleged in terms of the direct dealings. But here we allege there are many. As part of the package that you buy when you buy the PlayStation, you are buying firmware updates; you are contacting Sony; you are going onto the PlayStation Network....
So just to be clear, Your Honor, we allege there's privity in the express warranty which creates privity in implied warranty. We allege that there are direct dealings between Sony, including the transfer of funds. And we elect that their own documents that they say control here create a privity. They say we are in contract with you.
THE COURT: Okay.
MR. PIZZIRUSSO: So that's privity."