End User License Agreements have already been ruled non-binding in a court of law. This is because they provide no suitable alternative to opt out - by the time you get to read it and agree to it, you have already bought the product, opened it, and are therefore unable to return it for a full refund.
While this is standard practice for the Software industry, the fact remains that the Software industry has been eroding consumer rights for decades now. They claim this is to "counter piracy" yet consumer concerns are quickly becoming the biggest contributor towards the cause of piracy.
Now, if GeoHotz did the jailbreaking to allow linux to be installed on their OS, which is open source and therefore not owned by anyone, this can be classed as a rejection of the software contained within the hardware. GeoHotz, and others own the hardware that they are selling, but do not want the software that comes with it, licensed as it is.
If Sony is suing GeoHotz because of a "hack" that potentially allows them to play pirated games, than people have the right to sue Sony because there are electronic components in the PS3 that can be used for destructive purposes. The fact that they sell the PS3 in shops adds to this. If potential is what a case is based on, rather than the fact, then Sony is in more danger than GeoHotz - but because Sony have more money and power, who's going to win against them in such a class action?
There's every indication that GeoHotz will be found innocent if previous court precedents are used, although that is rarely how things in the States. It's not justice, it's trial by money.
Personally, I don't have a PS3 - I don't have any consoles. PC gaming for the win, because there is inherently less control with the medium. Perhaps this is why developers and manufacturers are flocking to consoles - they WANT the control. They want to be able to tell the mindless sheep on the other end of the controllers when to buy their product, and only their product. That said, DRM and digital distribution is becoming increasingly pervasive and controlling with the PC, and it's turning gaming everywhere into a conflict of control. Gone are the days when "if you build it, they will come" - now you have to make them come, or threaten to deprive them of their games. I dread the days when the gaming PC becomes an overpriced console.
While this is standard practice for the Software industry, the fact remains that the Software industry has been eroding consumer rights for decades now. They claim this is to "counter piracy" yet consumer concerns are quickly becoming the biggest contributor towards the cause of piracy.
Now, if GeoHotz did the jailbreaking to allow linux to be installed on their OS, which is open source and therefore not owned by anyone, this can be classed as a rejection of the software contained within the hardware. GeoHotz, and others own the hardware that they are selling, but do not want the software that comes with it, licensed as it is.
If Sony is suing GeoHotz because of a "hack" that potentially allows them to play pirated games, than people have the right to sue Sony because there are electronic components in the PS3 that can be used for destructive purposes. The fact that they sell the PS3 in shops adds to this. If potential is what a case is based on, rather than the fact, then Sony is in more danger than GeoHotz - but because Sony have more money and power, who's going to win against them in such a class action?
There's every indication that GeoHotz will be found innocent if previous court precedents are used, although that is rarely how things in the States. It's not justice, it's trial by money.
Personally, I don't have a PS3 - I don't have any consoles. PC gaming for the win, because there is inherently less control with the medium. Perhaps this is why developers and manufacturers are flocking to consoles - they WANT the control. They want to be able to tell the mindless sheep on the other end of the controllers when to buy their product, and only their product. That said, DRM and digital distribution is becoming increasingly pervasive and controlling with the PC, and it's turning gaming everywhere into a conflict of control. Gone are the days when "if you build it, they will come" - now you have to make them come, or threaten to deprive them of their games. I dread the days when the gaming PC becomes an overpriced console.
