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Forums - Sony - Sony Gets Other OS Class-Action Lawsuite Dismissed

kitler53 said:

Amazon was selling DRM free mp3 back when apple was still selling DRM'd song with license limits to the number of devises you could put those songs on.  sucks?  yeah.  illegal?  nope.  the only thing illegal is you can't modify those songs in any way to get around the protective DRM technology, that actually is illegal as you are violating your license agreement.

if you want to create a brand new OS ... by all means go ahead, i highly doubt sony would care either.  it is when you make modification to their OS to get around their security measures that they got all up in your face.  had geohot not found an exploit in the other OS feature to bypass their security you guys would still have it.  try to fuck with sony and they will fuck you back.  ...not that anyone will learn that lesson.


You do realise an "exploit" is a bypass that can be achieved without illegally modifying the software, right? The laws may prevent software modification, but variables within the program stack are free to be modified. How the software was designed to handle modifications to dynamic memory is another question altogether. This is summed up in the case of Lweis Galoob Toys vs Nintendo

http://en.wikipedia.org/wiki/Lewis_Galoob_Toys,_Inc._v._Nintendo_of_America,_Inc.



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fordy said:
o_O.Q said:
fordy said:
LivingMetal said:


Microsoft did not tell me to buy an Xbox 360.  So I did not buy an Xbox 360.  That's good, right?

 

Good for you, but if you bought a system whose specifications changed after purchase, as opposed to ones whose specifications were never there to begin with (the decision of whether to buy or not), that is called "baiting".

what specifications? you still can't show me how other os was advertised... the truth is it was never an advertised feature pushed by sony... it was just an optional add on supported after release that sony eventually stopped supporting because it caused a vulnerability that geohot exploited... thats about it

You're looking at advertising in one perspective. What about statements spouted by the figureheads?

"Please be assured that SCE is committed to continue the support for previously sold models that have the 'Install Other OS' feature and that this feature will not be disabled in future firmware releases,"
(said Sony's Geoff Levand, PS3-Linux maintainer)

Sony Computer Entertainment Inc., PS3 Open Platform, 2006-2010:
"In addition to playing games, watching movies, listening to music, and viewing photos, you can use the PS3™ system to run the Linux operating system. By installing the Linux operating system, you can use the PS3™ system not only as an entry-level personal computer with hundreds of familiar applications for home and office use, but also as a complete development environment for the Cell Broadband Engine™ (Cell/B.E.)."
http://www.playstation.com/ps3-openplatform/index.html

Sony Computer Entertainment Inc., PS3 Manual, 2006-2010:
"Install other system software on the hard disk. For information on types of compatible system software and obtaining the installer, visit Open Platform for PlayStation®3."
http://manuals.playstation.net/document/de/ps3/current/settings/osinstall.html

Ken Kutaragi, June 2006,
CEO of Sony Computer Entertainment 2006-2007:
"Speaking about the PS3, we never said we will release a game console. It is radically different from the previous PlayStation. It is clearly a computer."
http://www.edge-online.com/news/kutaragi-details-ps3-computer-claim

Phil Harrison, February 2007,
President of Sony Computer Entertainment Worldwide Studios 2005-2008:
"One of the most powerful things about the PS3 is the 'Install Other OS' option."
http://kotaku.com/235049/20-questions-with-phil-harrison-at-dice

Sony Computer Entertainment Inc., PS3 Linux Distributor's Starter Kit, 2006-2009:
"The Linux Distributor's Starter Kit provides information, binary and source codes to Linux Distribution developers who wants to make their distro support PS3."
http://www.kernel.org/pub/linux

Izumi Kawanishi, Sony, May 2006:
"Because we have plans for having Linux on board [the PS3], we also recognize Linux programming activities... Other than game studios tied to official developer licenses, we'd like to see various individuals participate in content creation for the PS3."
http://www.gamasutra.com/php-bin/news_index.php?story=9290

Geoffrey Levand, August 2009,
Principal Software Engineer at Sony Corporation:
"Please be assured that SCE is committed to continue the support for previously sold models that have the "Install Other OS" feature and that this feature will not be disabled in future firmware releases."
mailing list to PS3 customers using Linux

Phil Harrison, May 2006,
President of Sony Computer Entertainment Worldwide Studios 2005-2008:
"The Playstation 3 is a computer. We do not need the PC."
http://www.spiegel.de/netzwelt/web/0,1518,418642,00.html


--------------------------------------------------------------------------------

PS3 advertising of other companies

Because of Sonys advertising of the PS3 computer capabilities, other companies have developed and sold PS3 Linux products:

Terrasoft, Press Release, 2006:
"Under basic agreement with Sony Computer Entertainment, Inc., Terra Soft was granted a unique opportunity to develop and bring to market a complete Linux OS for PLAYSTATION 3. In development of Yellow Dog Linux v5.0, Terra Soft integrated and enhanced code from Barcelona Supercomputing Center, Sony Computer Entertainment, Inc., and Fedora."
http://www.fixstars.com/tss/news/2006/2006-10-17.shtml

Fixstars, Yellow Dog Linux für PS3, 2006-2010:
"When Sony Computer Entertainment designed the PLAYSTATION®3 (PS3™), it was fully intended that you, a PS3 owner could play games, watch movies, view photos, listen to music, and run a fullfeatured Linux operating system that transforms your PS3 into a home computer. Yellow Dog Linux for PS3 combines a simple to use graphical installer with leadingedge components and a foundation of musthave home, office, and server applications. Everything you need to browse the web, check and compose email, do your school homework or take your office work home is included with more than 2000 packages on the Install DVD."
http://www.yellowdoglinux.com/support/installation/ydl6.2_ps3_guide.pdf

Linux Journal, Linux on Playstation 3, 2007:
"Turn your PS3 into a dual-boot game machine and Linux box... The PS3 replaces your regular Linux box... Sony actually contracted with Terra Soft Solutions to produce a version of its Yellow Dog Linux for the PlayStation 3."
http://www.linuxjournal.com/article/9597

Sony contractor Terrasoft shows PS3 Linux, GDC video 2007:
"The Playstation was designed to be a home computer as well."


http://playedstation.blogspot.com/p/sony-ps3-promotion.html

 

And seriously......don't start this denial bullshit with me. Unless you're seriously not into gaming news, you cannot deny that figureheads for Sony were NOT talking up OtherOS...

"You're looking at advertising in one perspective."

...no i'm looking at advertising... as advertising, sony has been calling playstation "computer entertainment" from the ps1 days so i don't see why you quoted it up there twenty times... 

 

btw its a general rule for companies to make their products seem bigger than they actually are, for example 

http://www.slashgear.com/xbox-isnt-a-gaming-console-steve-ballmer-says-17126801/

 

"don't start this denial bullshit with me"

...its not denial its just understanding that you didn't have a point in the first place ( in regards to you saying they advertised it as a major feature )



o_O.Q said:

"You're looking at advertising in one perspective."

...no i'm looking at advertising... as advertising, sony has been calling playstation "computer entertainment" from the ps1 days so i don't see why you quoted it up there twenty times... 

 

btw its a general rule for companies to make their products seem bigger than they actually are, for example 

http://www.slashgear.com/xbox-isnt-a-gaming-console-steve-ballmer-says-17126801/

 

"don't start this denial bullshit with me"

...its not denial its just understanding that you didn't have a point in the first place ( in regards to you saying they advertised it as a major feature )

The quotes relate to the case of Sony vs Geohotz, in which Sony was defending that the PS3 was not a computer. These just happened to be in the same threads of advertising.

So you're going on the record and saying that Sony made NO mention of OtherOS at all? No figurehead speaking? No press release? ANY form of communication to relay to the consumer that the PS3 was capable of running Linux? I've given you my evidence, now how about yours stating that it never happened?



fordy said:
Izo said:
It comes down to this. Sony protected themselves by slashing OS. It was a feature that not many used and alot of people would rather Sony lose massive amounts of money so 1% can keep there OS and they dont care about the 99% who will hack online lobbies and pirate games. I don't play these games, it sucks for the small amount of people who did use it but the idea that Sony is telling us what to do is laughable. They saw a big problem and reacted. You got the choice to keep OS if you wanted it if not that's your choice to make.

So I have these question for anyone who would like to answer.
Should Sony have kept OS even it would've cost millions in pirating?
Do corporations have the same right consumers do?
How would you handle this situation if you were Sony?


Should Sony have kept OS even it would've cost millions in pirating?

That's a loaded question. OtherOS does not directly correlate with piracy.

 

Do corporations have the same right consumers do?

Any generic company-bought conservative would tell you that corporations are people. However, when does a person have the right to go into other people's places and modify their hardware? By this stance, corporations have MORE power than people.

 

How would you handle this situation if you were Sony?

The same way I've been advocating for months. Relinquish control on client based systems and tighten controls on the online service. People don't get trodden on and Sony keeps online cheating/piracy at bay.

1.  It can directly correlate if they find a door through OtherOS that Pirates will exploit to pirate games which is the fear that caused Sony to remove it in the first place.

2.  It really comes down to this. I created a product and someone is going to do something that benefits a few while causing damage to me and the majority. The question I'm asking is do people have "rights" to get back a small feature no matter how much harm they do to get it?

3. That still doesn't stop pirates from getting free software.

Another thing is people act like Sony randomly decided to take something away from it's consumers and no one cares how reasonable it was. It's Geohots and the pirates that are responsable for OtherOS getting slashed.  From a just standpoint I understand they had to protect themselves. From a legal standpoint they clearly lost the case.



fordy said:
o_O.Q said:

"You're looking at advertising in one perspective."

...no i'm looking at advertising... as advertising, sony has been calling playstation "computer entertainment" from the ps1 days so i don't see why you quoted it up there twenty times... 

 

btw its a general rule for companies to make their products seem bigger than they actually are, for example 

http://www.slashgear.com/xbox-isnt-a-gaming-console-steve-ballmer-says-17126801/

 

"don't start this denial bullshit with me"

...its not denial its just understanding that you didn't have a point in the first place ( in regards to you saying they advertised it as a major feature )

The quotes relate to the case of Sony vs Geohotz, in which Sony was defending that the PS3 was not a computer. These just happened to be in the same threads of advertising.

So you're going on the record and saying that Sony made NO mention of OtherOS at all? No figurehead speaking? No press release? ANY form of communication to relay to the consumer that the PS3 was capable of running Linux? I've given you my evidence, now how about yours stating that it never happened?


"So you're going on the record and saying... "

nah just saying its folly to call pr speach advertisement... if we took the pr speach of companies literally we'd be sueing all of them for features they "promised" us

"I've given you my evidence"

well it wasn't adequate as it wasn't actually "advertising"




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Izo said:

1.  It can directly correlate if they find a door through OtherOS that Pirates will exploit to pirate games which is the fear that caused Sony to remove it in the first place.

2.  It really comes down to this. I created a product and someone is going to do something that benefits a few while causing damage to me and the majority. The question I'm asking is do people have "rights" to get back a small feature no matter how much harm they do to get it?

3. That still doesn't stop pirates from getting free software.

Another thing is people act like Sony randomly decided to take something away from it's consumers and no one cares how reasonable it was. It's Geohots and the pirates that are responsable for OtherOS getting slashed.  From a just standpoint I understand they had to protect themselves. From a legal standpoint they clearly lost the case.

You just made a GIANT contradiction there, and I'll explain why:

So tell me, how is the will of the few (the pirates) being looked at as the general discourse as opposed to the majority (legitimate users), who would, say, wish to run a Linux home theater setup? Well, given your point in number 2, that's the contradiction. The majority of the users who would use this break for legitimate purposes are being "damaged" by the minority who wish to pirate games, in that they can no longer use their feature.

The way I see it, if you pirate, you should feel the full force of the law. Should YOU care if other people pirate? Only if you're a developer or publisher. In other words, whatever they do with their console is THEIR business, much like whatever I do with MY console is MY business. If they wish to pirate with it, they can, but they still have to deal with copyright laws just like the other systems do. There is no need to overcomplicate things here....



o_O.Q said:


"So you're going on the record and saying... "

nah just saying its folly to call pr speach advertisement... if we took the pr speach of companies literally we'd be sueing all of them for features they "promised" us

"I've given you my evidence"

well it wasn't adequate as it wasn't actually "advertising"


Feel free to bring out the candidates! If you find something similar to a feature that was removed from a system AFTER it's released, you'll find I have the same reaction...

Advertising:

Advertising is a form of communication used to encourage or persuade an audience (viewers, readers or listeners) to continue or take some new action. Most commonly, the desired result is to drive consumer behavior with respect to a commercial offering, although political and ideological advertising is also common.

Word from figureheads, and mention of the feature on your own company website is called ADVERTISING......whether you like it or not.



fordy said:
o_O.Q said:


"So you're going on the record and saying... "

nah just saying its folly to call pr speach advertisement... if we took the pr speach of companies literally we'd be sueing all of them for features they "promised" us

"I've given you my evidence"

well it wasn't adequate as it wasn't actually "advertising"


Feel free to bring out the candidates! If you find something similar to a feature that was removed from a system AFTER it's released, you'll find I have the same reaction...

Advertising:

Advertising is a form of communication used to encourage or persuade an audience (viewers, readers or listeners) to continue or take some new action. Most commonly, the desired result is to drive consumer behavior with respect to a commercial offering, although political and ideological advertising is also common.

Word from figureheads, and mention of the feature on your own company website is called ADVERTISING......whether you like it or not.


like the vitality sensor and several kinect features that never really made it off the drawing board... you mean like that stuff?



o_O.Q said:


like the vitality sensor and several kinect features that never really made it off the drawing board... you mean like that stuff?


I'm unfamiliar with the detail of both of those. Did they both get released and get features taken off them afterwards?



fordy said:
Izo said:

1.  It can directly correlate if they find a door through OtherOS that Pirates will exploit to pirate games which is the fear that caused Sony to remove it in the first place.

2.  It really comes down to this. I created a product and someone is going to do something that benefits a few while causing damage to me and the majority. The question I'm asking is do people have "rights" to get back a small feature no matter how much harm they do to get it?

3. That still doesn't stop pirates from getting free software.

Another thing is people act like Sony randomly decided to take something away from it's consumers and no one cares how reasonable it was. It's Geohots and the pirates that are responsable for OtherOS getting slashed.  From a just standpoint I understand they had to protect themselves. From a legal standpoint they clearly lost the case.

You just made a GIANT contradiction there, and I'll explain why:

So tell me, how is the will of the few (the pirates) being looked at as the general discourse as opposed to the majority (legitimate users), who would, say, wish to run a Linux home theater setup? Well, given your point in number 2, that's the contradiction. The majority of the users who would use this break for legitimate purposes are being "damaged" by the minority who wish to pirate games, in that they can no longer use their feature.

The way I see it, if you pirate, you should feel the full force of the law. Should YOU care if other people pirate? Only if you're a developer or publisher. In other words, whatever they do with their console is THEIR business, much like whatever I do with MY console is MY business. If they wish to pirate with it, they can, but they still have to deal with copyright laws just like the other systems do. There is no need to overcomplicate things here..

The will of a few? The pirates do not come in few they steal games in the millions and cause hacked online lobbies.  Also the OtherOS users were also very few and it sucks for them but theres a bigger picture here and they could have kept OtherOS if they wanted. 

The way I see it is that people become reasonable and stop pirating where it starts.  Punishing each and every pirate is impossible and its millions in damaging fighting a pointless war. Modding a console is fun but it leads to problems just so a FEW people can use them legit and the rest steal everything they can. Mod on your PC dont create problems for others.

Yes it is the pirates who damaged the few who used OtherOS. People who want to play a stupid snes emulator on there ps3 defend modding even if that is what opens the door to theft. Then there solution to the problem is to target each person seperately no matter how much money and resources it takes.