JamaicameCRAZY said:
Kasz216 said:
A) Hotz isn't an employee of Sony? Again, the only people who can be sued for negligence in this case is.... Sony. You can't sue someone for negligence because someone else might do something illegal with the product of your work.
Also, you REALLY think Sony's entire team of lawyers didn't think of something a random forum poster did?
B) On the PS3? Yes.
C) I didn't say that? I said YOU said it was a big deal. It very much isn't a big deal, though Sony could be sued for negligence for not taking a very simple precaution that EVERYBODY takes.
D) You aren't giving factual information though... everything you said has either been outright wrong "negligence" or an opinion. Sony didn't seperate the hacker from the homebrews. They coded their system so they were one in the same. If you want to blame someone... it's sony.
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A) Do i have to find an example for every situation you come up with? First it was "You can't be sued for negligence for something someone else does" i show you an example now its someone might do something illegal with your work use your imagination.
"The basic rule may be stated positively or negatively. If the damage
would still have occurred, even if the defendant had not broken the
duty of care, then the breach did not cause the damage. If the
damage would not have occurred
but for the defendant’s breach of
duty, then the breach of duty is a cause of the damage. For this
reason, the basic rule is often referred to as the ‘but for test’. Its
main purpose is to exclude things that have no bearing on the
damage. It is for the claimant to show that the breach of duty was
the cause of the damage, and not for the defendant to show that
the breach of duty was not the cause of the damage."
Granted the exploit was there but he showed it off and is the direct cause of the damage no one else is responsible. Also he can be charged with Accessory.
An accessory is a person who assists in the commission of a crime, but who does not actually participate in the commission of the crime as a joint principal.
B) so i cant hack into the servers where the infomation is and get it that way? i am done with this subject it has nothing to do with my point.
C) Not everybody and yes they can, also your the one that brought it off to hold over my head the fact that i said he can be charged with negligence. Again i am done with this it isnt part of my point.
D) Almost everything that has been stated by you or i has been opinion. I atleast insert actual quotes for factual information you on the other hand art trying to belittle or say that actual cases wouldnt apply when they would.
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A) Do yourself a favor look up "Duty of Care". In particular, California. You will see why Sony can't sue for this. Not only would Sony lose, but they would look exremely bad doing it.
The biggest loss would be "the feasability of alternate conduct". Since there was no way to unlock the features outside of this, there would be no "feasability of alternate conduct", and in general other alternate conduct issues.
Also, sony would have to definitivly prove they were harmed. Which you can't, because most studies tend to show that even piracy has no discernable effect on the industry.
They'd have to prove without a shadow of a doubt it was done for immoral reasons. Likely a loss since most college proffesors and the like are on Hotz side and more then willing to talk about it, and all anyone has to believe is that HE thought it was the right thing to do.
They would have to prove that punishing him will prevent future harm. (tough when you can't find past harm.)
Also, that they would have to prove he could of done it safer. Which you really can't argue with hacking because he doesn't have completel knowledge of the subject.
Prove that reasonable people wouldn't do the same in his place... again with over half the gaming community behind him, most academics and most tech people... not going to do.
So no... he can't be sued for that, nor can most if not all people be sued for something someone else does, without very very very specific guidelines being followed. In general it is a VERY specific crime, otherwise everybody would get sued for it.
B) You can, it has nothing to do with Gehot though.
C) No, he can't.
D) No, i've actually corrected quite literally your mistaken comments.