JDKJ said:
Hotz can claim he doesn't pirate games. He can also claim he doesn't condone piracy. Good for him. But he's still left with the fact that 5,700 unique IP addresses in the State of California alone visited his website and downloaded his file with information and instructions on how to hack a PS3 and enable it to both run Linux and play pirated games. He can swear on a six-foot high stack of Bibles that he published his hack file only to allow others to run Linux but no sane person's gonna buy the possibility that there were all of 5,700 persons in the State of California alone who were interested in running Linux on their PS3s. And no sane person's gonna buy the possibility that ol' Georgie Boy didn't know that the vast majority of those 5,700 persons in California who were downloading his hack file were doing so in order to hack their PS3s in order to play pirated games rather than to run Linux. That story simply isn't credible. Hotz doesn't have to -- and no one should really expect him to -- admit that he knew full well that what he was doing was furthering piracy. But the fact still remains that there are 5,700 reasons to conclude that he was furthering piracy. And if the obvious conclusion to be drawn is that he was furthering piracy, then -- to put it in fancy legal terms -- he's fucked.
And he's fucked in a very real sense because he'll be liable for contributory infringement (i.e., facilitating the infringement by others of a copyrighted work), the minimum penalty for which is $250 per instance of infringement and, if we charitably subtract from the 5,700 downloaders 1,000 downloaders on the assumption that those 1,000 downloaders were in fact persons who were interested in running Linux and not interested in pirating games, and then multiple the remaining 4,700 downloaders by the $250 minimum penalty, on the assumption that those downloaders were interested in playing pirated games and had no interest in running Linux and did in fact use the download to play pirated games, ol' Georgie Boy's looking at more than $1,000,000 in penalties. Ouch! And that calculation is based on the possible infringers in California alone, it doesn't include possible infringers in the other 49 states. But I'm sure that if Georgie Boy looks under his sofa cushions, he'll find more than enough loose change to cover his multi-million dollar penalties.
Welcome to the land of the free! Where justice, liberty, and democracy reign supreme! Where innocent until proven guilty is an established human right enshrined under a written constitution.
What's going to happen is Sony is going to throw money at this thing until they win. That's it - pure and simple. It doesn't matter that logically, it only takes one exception to disprove a rule, and therefore as long as there is one other legitimate reason for jailbreaking a PS3, GeoHotz should be found innocent, because there is grounds for reasonable doubt.
Now, unfortunately for Sony, they provided that reason themselves - running linux was a listed feature in the early press releases, and there have been articles in tech journals and websites about the impossible of using the linux-enabled PS3 as a cheap server. Sony disabled this feature, and GeoHotz jailbreaked it to re-enabled it. It's fairly straight forward, if you use reason, logic, and justice to determine the outcome.
But that won't happen - instead Sony will throw money at the issue until they win. Because that's how things truly work.
Anonymous is rather irrelevant, since they generally do the same thing with everyone they perceive as pissing them off - hack them into oblivion. The only way this would have an effect is if it somehow affects Sony's bottom line, depriving them of their money, and preventing them from throwing money at getting their way over justice. This will inconvenience PSN fans - alienating Anonymous. But then, since when did the people too busy playing their games consoles really care about what was really going on, as long as they get their games?
I bet if people stopped using PSN for a while - maybe shifted to another console, or something else, Sony would soon change their minds when their revenue begins to drop off. However, too many people already buy into Sony and their arguments that the customers are affected, and already condemned GeoHotz as a hacker and a pirate because this is what Sony wants you to believe.
That's how Sony preserve their power - they use the customers as their shields whenever something comes along that might hurt them, their control, and their bottom line.