EFF Calls Sony's Lawsuit Against PS3 Hackers "Dangerous"

Tom Goldman

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Aug 17, 2009
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EFF Calls Sony's Lawsuit Against PS3 Hackers "Dangerous"



The Electronic Frontier Foundation is worried by the lawsuit Sony recently filed against hackers of the PlayStation 3.

The Electronic Frontier Foundation, a nonprofit organization dedicated to defending digital civil liberties, has gotten behind the PlayStation 3 hackers Sony sued [http://www.escapistmagazine.com/news/view/106865-Sony-Breaks-Out-the-Lawyers-Over-PS3-Hacks] for cracking the console's security measures. The EFF's official stance on the suit is that it's downright "frightening."

The reasons behind this stance are twofold. For one, the EFF says that a Sony win would be a huge detriment to security research, because "legitimate researchers will be afraid to publish their results lest they be accused of circumventing a technological protection measure." Researchers could find themselves accused of a crime just for furthering their work on hardware made by a particular manufacturer.

Even worse, the EFF believes a ruling for Sony threatens any tinkerer that decides to pop the case of his/her electronic devices. Sony argues that the hackers violated the agreement of the PlayStation Network, though the hackers claim they never signed up. In the EFF's view, this is Sony saying it's illegal and a crime "for users to access their own computer in a way that Sony doesn't like." It says a "terms of use" agreement shouldn't give Sony total control over the devices people buy with threat of criminal punishment.

It's hard to disagree with the EFF's view that once you purchase a computer, you should be able to do what you want with it. If this is true, shouldn't you also be able to publish the results of those actions online, even if they're related to the dissolution of a piece of hardware's security measures? The U.S. government appears to think so [http://www.escapistmagazine.com/news/view/102390-US-Government-Declares-iPhone-Jailbreaking-Legal], so I'm not sure that Sony intends its lawsuit to be anything but a scare tactic. If Sony loses, it'll probably only end up shooting itself in the foot, as hardware hackers will then go about their business with the law on their side.

Source: GameSpot [https://www.eff.org/deeplinks/2011/01/sony-v-hotz-sony-sends-dangerous-message]

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mireko

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Sep 23, 2010
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Whoever wins, we win.

If Sony is defeated we keep our freedom to do stuff with hardware we've legally purchased, whereas if they win then somebody who calls himself "GeoHot" gets slapped in the eyes. The latter would be a smaller victory, but a victory nonetheless.
 

KeyMaster45

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Jun 16, 2008
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Imagine, if Sony put as much effort into actually fixing the security vulnerabilities in the PS3 as they do pursuing the people who bypass them they might actually be able to focus on making it better than it is right now.
 

Treblaine

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Jul 25, 2008
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I very much agree with the EFF but I love their choice of phrase as - maybe it's the inner geek in me - but this scenario first comes to mind:



LAWYER: "Suing Hotz is dangerous. If word of this gets out, it
could generate sympathy for Piracy in the senate."


SONY: "I have traced the Rebel hackers to him. Now he is my only link
to find their secret base!"


LAWYER: "He'll lie before he admits anything."

SONY: "Leave that to me. Lawyer, tear their defence apart until you've found that master key
and bring me GeoHotz - I WANT HIM ALIVE!"


:D jk, I love you Sony but sorry you can't help but look like the bad guy here. Come on, I know there is good in you.
 

Autofaux

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Aug 31, 2009
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Wait, if the hackers never signed up for the PSN, why would they need to hack the thing in the first place? The update that removes Other OS is only compulsory if you want to sign in to the PSN.

Yeah. I call bullshit on the hackers "never joining". If they didn't join, they wouldn't have been required to update their systems.

OT: Yeah, this lawsuit could have massive ramifications if Sony is successful. While I don't agree with the way the hackers have gored the system's security, neither party is particularly innocent. Sony removed Other OS, and the hackers gave the world the tools to commit piracy on the PS3. It's a mighty big shitstorm that's to be brewing.
 

Jumplion

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Mar 10, 2008
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mireko said:
Whoever wins, we win.

If Sony is defeated we keep our freedom to do stuff with hardware we've legally purchased, whereas if they win then somebody who calls himself "GeoHot" gets slapped in the eyes. The latter would be a smaller victory, but a victory nonetheless.
I'd say whoever wins, we lose.

If Sony wins this case, then hackers are just going to get more aggressive, prompting Sony to further tighten their security measures with more updates, possibly removing more features, at the expense of the legitimate consumers.

If the hackers win, then the hackers will just go even crazier than now, prompting Sony to further tighten their security measures with more updates, at the expense of the legitimate consumers.

In the end, I don't think anyone is going to win out of this messy situation except the pirates, and they aren't even in this debacle, only in name.
 

Treblaine

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Jul 25, 2008
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HankMan said:
They still have to Buy the PS3 before they can hack them, so it's not like Sony is losing money. Sure all that money they invested in security was wasted, but it obviously wasn't a priority considering.
Yeah... except PS3 barely breaks even on every unit they sell, and in most markets they sell the PS3 at a slight loss. They're in this business for the games, producing games to sell on their system and licensing third parties to sell on their system.

That's part of the reason why Microsoft don't give a damn about people hacking Kinect, because it costs them $50 to build and they sell it for $150! That hacking BENEFITS their bottom line.

Plus the kind of people who would hack Kinect aren't the type to find anything appealing about their casual shovel-ware lineup.
 

sunburst

Media Snob
Mar 19, 2010
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Autofaux said:
Yeah. I call bullshit on the hackers "never joining". If they didn't join, they wouldn't have been required to update their systems.
Absolutely. Well, unless they wanted to play any newly released games. But who would want to do that?

I am totally behind the EFF on this one. I can only hope jailbreaking of any form becomes fully legal.
 

asinann

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Apr 28, 2008
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Autofaux said:
Wait, if the hackers never signed up for the PSN, why would they need to hack the thing in the first place? The update that removes Other OS is only compulsory if you want to sign in to the PSN.

Yeah. I call bullshit on the hackers "never joining". If they didn't join, they wouldn't have been required to update their systems.

OT: Yeah, this lawsuit could have massive ramifications if Sony is successful. While I don't agree with the way the hackers have gored the system's security, neither party is particularly innocent. Sony removed Other OS, and the hackers gave the world the tools to commit piracy on the PS3. It's a mighty big shitstorm that's to be brewing.
Actually, many of the newer games require you to update too.
 

Jinx_Dragon

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Jan 19, 2009
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The real thing Sony has not taken into account is the 'forbidden fruit' angle. If Sony wins it could very well open a flood gate of hackers. There will be several types, ranging from those holier then thou types that will see this as a insult to their very being right through to people who feel they are somehow threatened and need to lash out. The reasons are really moot at this point as the effect will be the same.

A large group of people all dedicated to targeting Sony for their 'hacking' attempts, enough that any measure of security Sony tries to make will be broken in less then 24 hours of release.

In effort to stop a handful of guys they may very well wake a horde.
 

Jetsetneo

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Apr 2, 2010
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Ugh, which ever happens the threats of a ps3 drm now seems viable. The sad thing is you'd think that'd lead to lower prices, but knowing Sony, they'll stay the same at best. Plus while I'm no fan of Gamestop, the used aisle for ps3 (or future systems) will be non-existent.

I'm just not supporting the hackers on this one. Whether they admit it or not what they discovered is gonna be used for illegal downloading of games. So I just can't support them in this.

However, sony isn't entirely innocent in this, and if they win I can only imagine the hurt thats gonna come to the average consumer.