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PS3 Root Key Hacker Sued

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Re: PS3 Root Key Hacker Sued

#41

Earlier quoted context omitted.

Then Sony's console business would go bankrupt? But seriously, except for scientific computing, the PS3 was a terrible Linux system, especially for the price. Is this really about restoring functionality, or is it just punishment?

It can't be both?

Occam says, "noooo."

Re: PS3 Root Key Hacker Sued

#42
post #26

If you watched the CCC presentation on the PS3, you know these people are more interested in running their own software than breaking the console to play pirated games. http://www.youtube.com/watch?v=YbUVgxw1yWc (30 seconds)

Here is the whole presentation (45 min., three parts): http://www.youtube.com/watch?v=LuIlbmn-4A4&feature=mfu_i...

Other formats here: http://events.ccc.de/congress/2010/wiki/Conference_Recording...; slides and links here: http://events.ccc.de/congress/2010/Fahrplan/events/4087.en.h...

Re: PS3 Root Key Hacker Sued

#43

Judging from a lot of the comments on this topic and others many geeks don't believe intellectual property should be protected. When someone creates a platform (Heroku, Facebook, Apple's App Store) they have a right to lock it down. If you don't believe in that don't buy the product!

It's not a cut-and-dry matter of whether intellectual property "should be protected". I think most hackers expect some protection in the form of copyright. However, most hackers are also tinkerers and are disturbed that current IP law so heavily favors corporate interests, even to the extent where you cannot use something you rightfully own according to your own desires. Would you buy an oven if there was a big label…

> Copyright was originated to make the creation of intellectual property economically worthwhile so that more intellectual content could be produced and distributed.

This is often cited as the reason for copyright. Was this the actual historical reason, or just some windowdressing after the fact? (And the wording of the law in America doesn't count. It that argument hold any water, the USA PATRIOT Act wouldn't be so funny.)

Wikipedia has something like "The origin of copyright law in most European countries lies in efforts by the church and governments to regulate and control the output of printers." and similar lines.

Re: PS3 Root Key Hacker Sued

#44
post #38
post #32

Earlier quoted context omitted.

EULA's have nothing to do with copyright, it's plain contract law. If you and I are neighbors and we agree that you I will pay you 250$ a month to not park you car in front of my house (while you legally have a right to do so), should that not be allowed? If I am a shoe manufacturer with local retail outlets you and I agree that I will sell you my shoes for reselling overseas, but part of the agreement is that you wo…

Technically yes, except with a PS3 your purchase amounts to agreement with the EULA; it's tucked away in a manual that no one reads, or at best is shown to the user on a screen during setup which is simply clicked through. Most people don't realize that they aren't buying the physical machine, they're buying the right to use the physical machine in approved ways only (this may be technically untrue, but it's certainl…

Sorry but that doesn't make sense. When you buy from a supplier, you are already bound by a number of contractual stipulations, (almost) nobody reads those, either. They're still enforceable, there are mountains of jurisprudence on that. Should contracts be void because one of the parties can't be bothered to check the content of the agreement? Or should suppliers force users to read the contract to be enforceable? Some software makes you scroll down before you can click 'agree'; is this not enough? Should it show you the dialog for a certain amount of time? Or maybe software shouldn't be sold online, you'd always have to go to a store, where a clerk forces you to read and then quizzes you on the content before selling you the software?

You say the contract is 'unethical'; I understand that position and in some cases agree, to an extent. But do you agree with me that even if it's unethical, the principle is still sound and that the contract should be both enforceable and enforced?

Re: PS3 Root Key Hacker Sued

#45
post #23

Earlier quoted context omitted.

Then Sony's console business would go bankrupt? But seriously, except for scientific computing, the PS3 was a terrible Linux system, especially for the price. Is this really about restoring functionality, or is it just punishment?

The PS3 is now viable as a new host platform for XMBC (XBox Media Center). >Then Sony's console business would go bankrupt? The Music and Movie industries continue to stay in business even in the face of piracy. Wake me up when PS3 pirating comes close to the level of Napster. I'm not justifying piracy, just saying that Sony should be more worried about their real competitors.

"XMBC (XBox Media Center)" That was my first thought when I read the news of the self-signed code running. I seriously cannot stop reminiscing about the glory days of XBOX1 and XBMC bringing jaw dropping awesomeness to the living room. The PS3 media playback although working perfectly in most SD video using PS3 Media Server, the transcoded DNLA streaming crap for some reason cannot handle fast forwarding / rewind or scene selection. We're talking 1080p playing from a i7 Extreme workstation + gigabit network. XBMC with HD support and Samba access would most likely playback perfectly on a PS3 homebrew build.

Guess it's time to fork git://xbmc.git.sourceforge.net/gitroot/xbmc/xbmc but I'd almost prefer to take a wait and see approach with Sony's first salvo against custom firmware users.

Re: PS3 Root Key Hacker Sued

#46

Earlier quoted context omitted.

If I'm right though, that's only a proposed restraining order? Or do I have the wrong end of the stick?

I think you're right. There's no signature from a judge at the bottom, which suggests this is something they're submitting to the court in the hopes of having it approved. IANAL, so I don't know how that would work.

The "fill in the blanks" bits suggest that pretty strongly, too -

> IT IS ORDERED that SCEA shall post a bond in the amount of $_______ as security...

Re: PS3 Root Key Hacker Sued

#47
post #43

Earlier quoted context omitted.

It's not a cut-and-dry matter of whether intellectual property "should be protected". I think most hackers expect some protection in the form of copyright. However, most hackers are also tinkerers and are disturbed that current IP law so heavily favors corporate interests, even to the extent where you cannot use something you rightfully own according to your own desires. Would you buy an oven if there was a big label…

> Copyright was originated to make the creation of intellectual property economically worthwhile so that more intellectual content could be produced and distributed. This is often cited as the reason for copyright. Was this the actual historical reason, or just some windowdressing after the fact? (And the wording of the law in America doesn't count. It that argument hold any water, the USA PATRIOT Act wouldn't be so…

If you want more on the history of copyright in general, I suggest looking up the works of one William Patry. He's written extensively on the subject, was the former general counsel for Google, and now writes on the subject at his blog:

http://moralpanicsandthecopyrightwars.blogspot.com/

And I know it's not the first copyright law (we flaunted it for years before developing our own), but the reason copyright is allowed in the USA is, "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

http://en.wikipedia.org/wiki/Copyright_Clause

Re: PS3 Root Key Hacker Sued

#48

Judging from a lot of the comments on this topic and others many geeks don't believe intellectual property should be protected. When someone creates a platform (Heroku, Facebook, Apple's App Store) they have a right to lock it down. If you don't believe in that don't buy the product!

It's not a cut-and-dry matter of whether intellectual property "should be protected". I think most hackers expect some protection in the form of copyright. However, most hackers are also tinkerers and are disturbed that current IP law so heavily favors corporate interests, even to the extent where you cannot use something you rightfully own according to your own desires. Would you buy an oven if there was a big label…

> Would you buy an oven if there was a big label that said "IT IS ILLEGAL TO USE THIS OVEN FOR BROWNIES; ALL BROWNIE BAKERS WILL BE PROSECUTED"? Do you think laws that allow that kind of thing are good? Remember, this isn't a rented oven, you bought the whole thing outright.

It depends. Did they sell me the oven at below cost, and their plan for not losing money overall depends on people not using the ovens for brownies? If that were the case, I'd consider buying the oven and satisfying my brownie desires some other way.

Re: PS3 Root Key Hacker Sued

#49
post #29
post #25

Earlier quoted context omitted.

If I buy physical goods, I have an expectation that I completely own it and can do with it whatever I want, and can share my experience completely with others. What Sony is trying to say is that when you buy a PS3 you are sort of renting it, and they still own what you can and can't do with it. Perhaps because they are selling it at a loss so they can make money when you buy games. I think that in this case they shou…

It may seem like renting to you, but unfortunately those licensing terms you agree to when you open a package of new hardware or install a piece of software, are legal. It is a shame, but if you don't agree to it, don't buy and use the product. Sony, in this case, has strong reasons for wanting to protect their console. Namely because of the contracts they hold with certain chip makers, and because they are expecting…

I didn't see any contract when I opened my PS3?

Re: PS3 Root Key Hacker Sued

#50
post #37
post #34

Earlier quoted context omitted.

Yea. Seriously, don't know why sony is making fools out of themselves - seems like act of desperation. Just move on to innovating a newer version with more security. I guess lot of game developers are not happy with this.

Why should they move to a newer version? Can't they just drop the `security'?

security and fending-pirated-dvds is part of their business model. as you know, sony/microsoft gets commission per dvd they sell. game studios are paying customers for sony and i bet they are up in arms with sony on this.
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