Sony Legally Threatens German PS3 Hackers

[vansau]

Sony Legally Threatens German PS3 Hackers

If you live in Germany and are wondering what happened to that PS3 hacking tool you purchased, we've got some bad news for you ...

Sony really seems to <a href=http://www.escapistmagazine.com/news/view/102969-PS3-Jailbreak-Tool-Proves-So-Popular-It-Sells-Out>hate PS3 hackers, though up until this point, the company has been content to ban them from the PSN. Now, however, the company is threatening a number of Germans who bought a hacking tool with lawsuits and fines.

According to GamePolitics, a forum user on DC EMU UK forums translated an article that explained how German customs officials seized a shipment of PS3 Break dongles. Sony is now going after all the people who had purchased the devices, issuing cease-and-desist letters and threatening further legal action.

Basically, Sony is demanding that the customers sign a letter stating they will "no longer import, distribute or use any device that allows the PS3's copy protection to be bypassed". If a user breaks the contract, they can be liable for fines starting at roughly $7,100. If the would-be hackers refuse to sign the letter, they're apparently liable for legal action.

Up until now, Sony's really only seemed to directly go after the sellers and manufacturers of hacking tools. Going after the people who buy these tools doesn't seem like a move that will win a lot of public approval.

Source: <a href=http://www.gamepolitics.com/2010/10/20/report-sony-targeting-german-buyers-ps3-hack-device>GamePolitics

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[Booze Zombie]

I shall be honest, this seems like money grubbing.
And not the "ho-ho, Capitalism" type, either.

 

[Underground Man]

Eh, hackers will always find a way.

 

[Darktau]

Going after the people who buy these tools doesn't seem like a move that will win a lot of public approval.

Pff, they have it coming, it's illegal, they are doing it, it is entirely up to them. And to be honest, they aren't actually getting fined, their just getting a slap on the wrist here.

 

[Celtic_Kerr]

What the hell isthe difference between the person who manufacters and break for the PS3 and someone who uses one? One is hacking the PS3 and making it available to others, and the other is hacking the PS3. GO afterall of them. If they can't afford the lawsuit, fuck them.

Don't hack!

 

[Hafnium]

I think it's a bit overzealous, if even legal. Is buying the item technically illegal? If not, the fact that Sony have the power to force people to sign a document or get their pants sued off is... disturbing. Not a fan of consoles or their creators myself, they seem to have unpleasant legal departments (though the opposite would of course be a paradox).

 

[OANST]

Proof read your article, please.

 

[Steel_crab]

Winning public support over here!

If you want to hack stuff, get a console with crappy protection and CBA producers. Xbox, for example.

 

[Lacsapix]

Hey Microsoft? you hear that? Sony is doing (or trying) something against jailbreaking!

 

[Kaze103]

I agree with you guys, hacking the PS3 is like buying a Laptop with Windows Vista installed and deciding instead you want to run Linux.

How dare they.

It's not like Sony at times advertised it as a console you could use your own operating system on is it?

 

[Catalyst6]

Go Sony.

Hackers are really the lowest of the low, even by gamer standards. Grind them into the dirt, Sony.

 

[icyneesan]

Now if Sony would just build that orbital death cannon so they could just melt people who bypass the copy protection, then I think everyone would be happy.

I shall be honest, this seems like money grubbing.
And not the "ho-ho, Capitalism" type, either.

Capitalism, ho!

 

[Sparrow]

I agree with you guys, hacking the PS3 is like buying a Laptop with Windows Vista installed and deciding instead you want to run Linux.

How dare they.

It's not like Sony at times advertised it as a console you could use your own operating system on is it?

This was lost on me for a few seconds. Then I realised the joke - I wonder if anyone else will, or maybe I'm just stupid.

 

[brighteye]

"any device that allows the PS3's copy protection to be bypassed"

Didnt the latest patch on PSN fix this ?
If so, is this product really illegal to import or buy ?

All this reminds me of the good old days when it was illegal to buy a region free DVD player.
When finally the first cases got to court, everyone already had one and the battle against
"unlocked" DVD player was already lost.

 

[Gethsemani_v1legacy]

I think it's a bit overzealous, if even legal. Is buying the item technically illegal? If not, the fact that Sony have the power to force people to sign a document or get their pants sued off is... disturbing. Not a fan of consoles or their creators myself, they seem to have unpleasant legal departments (though the opposite would of course be a paradox).

It is an item designed only to hack your Playstation and allow you to use pirated games, both which breaches the EULA of the PS3 software. So yes, Sony can legally do this even if it might be in the grey zone.

 

[Staskala]

Maybe PSbreak.com (which doesn't exist (anymore?)) should have disguised the things as USB sticks instead of printing the tools main function on it...
I'm really not on Sony's side here though, there is something about a company that directly threatens customers that makes me feel uncomfortable.
Since customs intercepted the "things" the people actually never used it so the legal basis is rather dubious. Proving an intention is not that easy, the people who bought that stuff can claim just about anything as to why they bought them, they can even claim that they don't even own a PS3 (just give it to your neighbor, problem solved), so good luck Sony.

It is an item designed only to hack your Playstation and allow you to use pirated games, both which breaches the EULA of the PS3 software. So yes, Sony can legally do this even if it might be in the grey zone.

It has been said again and again, but the EULA is of dubious value in court. Sony will claim copyright infringement, not breach of the EULA.
Do a quick google search about "EULA in court" or whatever and you will see that it has been rejected in a lot of cases. In Germany things like EULA are barely worth anything, because a lot of restrictions are not consistent with German law.
Edit: Just to avoid people throwing random cases at me, at least remember that we are talking about German law. Also toned down my statement.

 

[spartan231490]

good on you sony. You only have the rights you're willing to fight for, congratulations for fighting for yours.

 

[Vyper1X]

Go Sony.

Hackers are really the lowest of the low, even by gamer standards. Grind them into the dirt, Sony.

I agree 100%