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Playstation 3 busted wide open.

Nothing new here, they have been able to tell what your doing on your PS3 for a long time, but if paranoia is getting the better of some then i suggest not using the PSN.

But if it means my online experience is protected from hackers and cheats i all for it, i certainly have no issue with Sony checking on my PS3 while I'm using their service as my PS3 has not been modded to run pirate material or run hacker apps.

I mean it works, MW2 has seen a dramatic drop in hacking as had BO, which i might even purchase again now that i can gat a fair game.
 

The judge didn't dismiss it. Put certain conditions on their claim? Yes. Possibly crippled it? Probably.

As for Geohot, I fully support what he did. He and others (fail0verflow) found a way around the PS3 security. He released software that allowed users to install homebrew programs. (Emulators, FTP etc.) What his "hack" did not do was allow pirating and cheating. Those people took what others had done and modified it to allow such things. Granted he has done himself no favors by being so combative about it, but that is neither here nor there. I for one hope he wins his day in court.
 

The judge didn't dismiss it. Put certain conditions on their claim? Yes. Possibly crippled it? Probably.

As for Geohot, I fully support what he did. He and others (fail0verflow) found a way around the PS3 security. He released software that allowed users to install homebrew programs. (Emulators, FTP etc.) What his "hack" did not do was allow pirating and cheating. Those people took what others had done and modified it to allow such things. Granted he has done himself no favors by being so combative about it, but that is neither here nor there. I for one hope he wins his day in court.

It doesn't matter, by helping to circumvent the PS3's security he blatantly violated the DMCA. That said, I think the DMCA is a terrible, terrible law, but legally he is pretty well fucked.
 
As for Geohot, I fully support what he did. He and others (fail0verflow) found a way around the PS3 security. He released software that allowed users to install homebrew programs. (Emulators, FTP etc.) What his "hack" did not do was allow pirating and cheating. Those people took what others had done and modified it to allow such things. Granted he has done himself no favors by being so combative about it, but that is neither here nor there. I for one hope he wins his day in court.

Sorry, but that's bullshit. You are aware that the reason Geohot stated he released the keys was for "academic" reasons, not homebrew right? He didn't need to release the keys to enable homebrew on the console. Releasing the keys accomplished nothing outside of enabling piracy. Even other hackers, such as fail0verflow, acknowledged this.
Without releasing the private keys, fail0verflow was able to release data, tools, etc... to allow others to install homebrew and linux on the PS3. They did this without the metldr key (the key that has enabled piracy on the PS3).

Besides, as Robert Maxwell said, regardless of how stupid the law he broke may be, he still broke it. He's fucked, and he knows he's fucked. That's why he's asking his supporters to pony up for more lawyers.

It would be interesting to see how many of his online supporters actually bother to donate to his cause. I bet it's not a lot. People like to talk a lot on the internet, but they rarely put their money where their mouth is.
 
Apologies in advance for being a bit clueless on this subject, but if Geohot is found guilty, what exactly will his sentance be?
 
As for Geohot, I fully support what he did. He and others (fail0verflow) found a way around the PS3 security. He released software that allowed users to install homebrew programs. (Emulators, FTP etc.) What his "hack" did not do was allow pirating and cheating. Those people took what others had done and modified it to allow such things. Granted he has done himself no favors by being so combative about it, but that is neither here nor there. I for one hope he wins his day in court.

Sorry, but that's bullshit. You are aware that the reason Geohot stated he released the keys was for "academic" reasons, not homebrew right? He didn't need to release the keys to enable homebrew on the console. Releasing the keys accomplished nothing outside of enabling piracy. Even other hackers, such as fail0verflow, acknowledged this.
Without releasing the private keys, fail0verflow was able to release data, tools, etc... to allow others to install homebrew and linux on the PS3. They did this without the metldr key (the key that has enabled piracy on the PS3).

Besides, as Robert Maxwell said, regardless of how stupid the law he broke may be, he still broke it. He's fucked, and he knows he's fucked. That's why he's asking his supporters to pony up for more lawyers.

It would be interesting to see how many of his online supporters actually bother to donate to his cause. I bet it's not a lot. People like to talk a lot on the internet, but they rarely put their money where their mouth is.

That first part about the metldr key I didn't know about. I do know that the only software he released was to enable homebrew and not piracy. Now, about the DMCA. I could be WAY off base here, but didn't the courts rule that jailbreaking an iPhone was legal? Jailbreaking allows you root access, install custom software, and pirate apps if you are so inclined. How is this different? Aside from the fact that the iPhone can make phone calls (unless you are on AT&T) They are both computing devices that can play games, watch movies etc. Just because Sony claims he broke the law does not make it true. I want him to win this case, because I want the right to use my hardware as I see fit. Apple voids the warranty of any jailbroken iPhone, as is their right. Sony can block PSN access to modified consoles, as is their right. Sony should not be able to dictate to me what I can or cannot do with the hardware that I purchased.
 
You can see Sony's complaint here.

The things GeoHot and fail0verflow have been sued for are:

* Copyright infringement. Distributing any Sony code or IP (including the encryption keys) would qualify easily.
* Violations of the Computer Fraud and Abuse Act. Not sure which specific provisions.
* Unlawful circumvention and distribution of circumvention devices in violation of the DMCA. If they can successfully counter that the circumvention devices are necessary to remove onerous restrictions Sony has placed on PS3s, they might have a shot. That might get fail0verflow off the hook since they only released enough to allow homebrew/OtherOS functionality. Hotz is pretty well fucked since he didn't release the metldr key with the intention to permit any specific legal activity.
* Breach of contract, presumably violation of the PS3 software's EULA. EULAs are not always considered enforceable, so this may not be worth a damn.
* Tortious interference with contractual relations. This sounds like a BS charge.
* Trespass. LOL!
* Common law misappropriation. Also kind of iffy.

I think both parties can easily be hit for copyright infringement here. fail0verflow's saving grace might be that they worked to restore functionality the PS3 had out-of-the-box. They could argue that Sony's right to remove OtherOS functionality is onerous and an unconscionable business practice. I don't think Hotz has much hope, though. What he did was just about the textbook definition of script kiddying: he took someone else's work, dug up some proprietary information, then published it out there for the whole world to see, not really fulfilling any legitimate use of the PS3 hardware.

I think that what he did was ethical from a standpoint of pure technical freedom, but quite clearly illegal and in violation of several civil laws.
 
He certainly has done himself no favors in this whole debacle because he has been very vocal about hacking the PS3 well before the OtherOS was removed, if Sony can prove in court that he did indeed do it and they had no other choice but to remove the feature for security reasons then they kill two birds with one stone and place the blame fully on his shoulders.

Of course if Sony fail to prove this those with phat PS3 could see the otheros return in a future update.

Me personally i just want to play my paid for games online without having to deal with hackers and pirates, so i hope at least something comes out of all this to defend all those legit users of the PSN.
 
Just because Sony claims they removed it for "security reasons" doesn't mean that explanation will hold up in court. Sony may control the platform but they do not own your PS3, and legally they are probably obligated to allow PS3 owners a greater degree of freedom in how they use the device. In fact, I suspect the defense's case will center around ownership of the PS3 as a consumer electronics device. If you really own it, Sony shouldn't be allowed to tell you what you can and can't do with it, or to the extent that they can, it should not disproportionately favor Sony's interests over those of consumers.

Should be interesting to watch play out, in any event.
 
Well as i said, at the end of the day i don't really care what a person does with their PS3/360, but i do care when it impacts on my experience, so i hope we legit users get something out of this, at the moment it seems the only ones with rights are Sony who seem to have the right to do what they want, and the hackers who also have the right to do what they want because they bought the system...the poor legit users who also bought the system and drops hard cash on the software seems to have been forgotten in all this.

So i hope the legit user gets something out of this fiasco, at least so they can get back to using the system and software without having their experience ruined.
 
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