BlackWidower said:
Just because they say it's legal, doesn't mean it is, it has to be tested in court. Also, I don't remember seeing anything on the box of my Nintendo DS that said I can't modify it. I could check again. But I doubt it.
I honestly think you are confusing the terms of warranty with a legal contract. The worst they can do in response to you violating it is deny you warranty coverage. Not arrest you.
No I'm no one of thing that I do is write contracts, sunshine its how I earn my living. No reputable lawyer will take a test case aginst the terms conditions of sale in court because they will lose and waste their clients money. Its straight up down case. In fact the other lawsuit is proceeding on the bases of not fit for purpose in the implied contract at point of sale, in the version of reality that you live they have already lost (no contract exist therefore they can do what they want). What they are testing in court is the terms and conditions of sale versus fitness for purpose. They are trying to establish which overrides the other not if the terms and conditions are valid or not (Sony will probably win but they have a chance in west texas).
BlackWidower said:
Now, you say most jurisdictions say circumvention of digital locks is illegal. Could you name a few, you know, other than the US, because they're the only one I know of. I know that's not the case in Canada, where I live.
The 27 member states of the European union for a start, Japan and I think South Korea. Both Japan and South Korea are in talks with other Asian nations in an attempt harmonize copyright in similar manor to the EU. Canada wont be able to hold out much longer, the rest of the developed world is going to lean on them as well as Canada domestic industries. The only countries that aren't going to enact it sooner or later are the nations with large scale copyright infringements going on i.e China.