PS3 Cracked With Modded Controller

[BlackWidower]

Has any court actually supported the legality of EULAs? From what I hear they haven't. Just because you say something is legally binding doesn't mean it is.

Now, as for terms of service. I thought we were talking about hardware. What service? The online service? Well then if they don't sign up for the online service then you have nothing.

I dunno, I heard that the courts do support EULAs, but hell if I know. My main point was just that you still "sign" a contract, it's just that nobody reads the damn things as it does state that you can't tamper with their hardware without permission (for example, changing harddrives is permissible, but modding the PS3 to play N64 games is not, I guess).

Snip

I wasn't really trying to stir things up, though on reflection I probably should have put a bit more forethought in my post. I was just being a layman, stating that you do sign stuff when the OP said "I don't recall signing anything!"

I'm not really trying to get into a debate over what is and isn't ethical in modding or whatever, but regardless of all of that I still firmly believe that hackers only make it worse for the legitimate customers. There may be some "legit" hackers out there who do nothing more than change up a controller, but as far as Sony (or any other business for that matter) there isn't really a difference between them.

Okay, first off, what the fuck is an OP? Are you calling me a narc?

Secondly, I believe those agreements you speak of only apply to the warranty. You can't modify the hardware without permission, if you do, the warranty is void. That is all, they don't arrest you.

I could look at the documentation that came with my DS, but other than the terms of warranty I don't think there are any agreements or EULAs that came with it.

 

[BlackWidower]

I don't remember signing a contract when I bought my laptop computer, or my Magic Bullet, or my Nintendo DS, and I doubt anyone who bought a PS3 will remember signing any contract either.

Modifying something without permission of the owner is illegal? Yeah, that makes sense. Modifying something without permission of the guy who sold it to you is illegal? Yeah...I don't think so.

Also, what about the Xbox Media Centre? Sure it was just a matter of unlocking already existent code, but it was still a mod.

Now, I agree it's wrong, this whole piracy thing, but it's certainly not illegal.

I'm reminded of certain states where the age of consent (for sex) is 18 and there are no closeness in age exemptions. Two 16 year olds have sex, they could be charged with raping each other. Unlikely that would happen, but the fact that they could be is disgusting.

The contract is made when purchasing anything. You agree to a user agreement the moment you give money for that product.

This is what I was taught. It might not apply anywhere else outside of the UK.

And I'm not sure why you started going on about rape, but that point is agreeable, it is disgusting. I live in a country where teenage pregnancy runs rampant and people are becoming grandparents at 28. The age of consent in the UK is 16, but few people stick to that as kids think "I'm only a year/2 years/3 years/4 years off, and what does it matter anyway, it's my choice!". But that's for another thread.

Here's the thing, even if there is a contract somewhere, doesn't mean it's legally binding. It has to be tested in court.

Now as for my comment on rape. My point was that it's not morally wrong, but it is considered illegal, even if it's unlikely they will get prosecuted. The same is true for those mods I mentioned earlier. Not morally wrong, considered illegal, unlikely to prosecuted regardless. It doesn't matter! It's still bullshit!

 

[BlackWidower]

I don't remember signing a contract when I bought my laptop computer, or my Magic Bullet, or my Nintendo DS, and I doubt anyone who bought a PS3 will remember signing any contract either.

Modifying something without permission of the owner is illegal? Yeah, that makes sense. Modifying something without permission of the guy who sold it to you is illegal? Yeah...I don't think so.

Also, what about the Xbox Media Centre? Sure it was just a matter of unlocking already existent code, but it was still a mod.

Now, I agree it's wrong, this whole piracy thing, but it's certainly not illegal.

I'm reminded of certain states where the age of consent (for sex) is 18 and there are no closeness in age exemptions. Two 16 year olds have sex, they could be charged with raping each other. Unlikely that would happen, but the fact that they could be is disgusting.

Its in the terms and conditions of sale, just because you haven't read them doesn't mean it doesn't exist. Contracts don't have to be signed to exist either, they can equally be verbal or implied. Every time you buy something from a shop you are entering into an implied contract with the vendor, him to supply fault free goods and you provide a monetary sum. At no point do you sign or agree to anything about the existence of the contract but it is the bases if consumer rights in the Anglo Saxon legal system (i.e about 1/3 of the population of the world). Also most jurisdictions these days have clauses in copyright legislation stating that state removing copy protection, for what ever reason, is a volition of copyright.

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.

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.

 

[Jumplion]

Okay, first off, what the fuck is an OP? Are you calling me a narc?

OP = Original Poster

I could look at the documentation that came with my DS, but other than the terms of warranty I don't think there are any agreements or EULAs that came with it.

I think there might be, somewhere in the back of the manual that came with it. I'd look it up myself if I wasn't a lazy bastard. Overall, I was just saying that you do sign/agree to a contract of some sort, I wasn't really trying to debate whether it's binding or not. Again, in retrospect, I probably should have put more thought into my post.

 

[Ubermetalhed]

ARMS WAR. DO EET!!

 

[teh_Canape]

Wait for the ATI HD 6xxx series and then buy it.

woo late replies for dah ween

now, on a serious part, in order to get that video card, I'd have to buy a new power source or whatever you fancy 1st world-ers call it, and it would be expensive both the card and the power thingy, actually, it would be the exact same price of an old fatass ps3 model (which is the one I'm looking for) and my actual pc is somewhat enhanced to work with nVidia video cards and Intel processors, I already tried other AMD processors and other video cards, and none worked properly or at all =P

 

[ChromeAlchemist]

I blame carter and Cory for this one:

Spoiler

The floodgates have pretty much opened for this one.

 

[Albino Boo]

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).

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. [/quote]

 

[BlackWidower]

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).

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.

[/quote]

That was the most dyslexic thing I have ever read. May I suggest proof reading.

Now, assuming what you were saying was, it's never been tested in court because no lawyer would take the case because it would waste their client's money. Why do I find that hard to believe? Assuming the company sues you for breach of contract, unless you cave right then and there, you're going to court, and I have a hard time believing there is a lawyer who will say they don't like money.

Wow, that is a lot of nations. But it's not most. There are around 200 nations in the world.

Now, do yourself a favor, and don't pretend to know anything about Canadian politics. There is enough opposition to the digital locks provision in Bill C-32, that the 3 opposition parties will simply not let it through, and because the Conservatives hold a minority government, they can't muscle it through without them. If they want to get C-32 through, they will need to drop the digital locks. No amount of external pressure will change that.

 

[Wintermoot]

I bet the next update will disable the controlers Sony should just give up and start developing the PS4

 

[OceanRunner]

It's OK, now that they've released Move Sony can just remove Dualshock 3 functionality with an update.

If they can find a way to hack the PS3 with a controller, then they can do it with PSMove.

 

[Vrach]

Wooohoo, go pirates!

And before you ***** at me for supporting them (which I do anyway, but that's another matter) this news means the stupid consoles are slowly losing their "unpiratable" status. The status that has lead to a number of PC titles being shoved off to consoles instead - Rockstar games anyone? Still wish I could get my hands on RDR and still remember GTA 4 being pushed like a year later on a PC.

 

[Balmong7]

So all of you people who keep saying that hacking is not illegal in America. Remember that first time you update something and are asked to read a "terms and conditions" those generally say "by agreeing to this document you are saying that you will in no modify or remove any features of this software." if you hit agree. then you are now breaching a contract. and that is the law you have just broken

 

[ZippyDSMlee]

FINALLY!! and I just picked up 2 60GB units and 10 games! Can't wait till they get sht working off the hard drive so I wont have to replace the lens unit s!

 

[Therumancer]

Seems like a waste of time and money on Sony's part, especially seeing as the cost of such policing is probably going to be passed on to us (the consumer) in the form of higher prices due to the nessicary "maitnence".

Maybe it's just me, but I think this is no big deal. As I understand things, the type of piracy they are concerned about is various kinds of region locking (despite the system allegedly being region free) and getting around it. Given that the idea is ridiculous to begin with, I think they shoiuld just cease to bother. People are going to import and play games no matter what they do. Perhaps they should spend the money on localization, fighting censors, and getting the releases out on the global market instead.

Of course I might be misunderstanding the issue.

 

[erztez]

You guys remember when the first iPhone came out? The first jailbreaks? Apple tried to stop it.
Nowadays, you type an url into the phone, click on a button, wait 30 seconds, reboot, and enjoy all them nice pirate apps.
Lesson is.
Don't fuck with pirates, they'll win. They'll always win.
You want to know why?
They do it for fun, that's why.
That's why every M$ product is out on the torrents before the paying customers can get their hands on it.
That's why every PC game name you see has a scene group name attached to it.
That's why every mobile product by Apple runs a unix console.

They're not doing it for money, they're doing it FOR TEH LULZ.

To paraphrase a rather hilarious meme...

"Your resistance is only making their penis grow harder."

 

[erztez]

Seems like a waste of time and money on Sony's part, especially seeing as the cost of such policing is probably going to be passed on to us (the consumer) in the form of higher prices due to the nessicary "maitnence".

Maybe it's just me, but I think this is no big deal. As I understand things, the type of piracy they are concerned about is various kinds of region locking (despite the system allegedly being region free) and getting around it. Given that the idea is ridiculous to begin with, I think they shoiuld just cease to bother. People are going to import and play games no matter what they do. Perhaps they should spend the money on localization, fighting censors, and getting the releases out on the global market instead.

Of course I might be misunderstanding the issue.

Actually, no. The type of piracy they're concerned with is the kind that makes the games available, for free, on teh interwebz.
But other then that, yeah, you make a good point. They should stop wasting money on DRMs that are going to be cracked even before the game launches, and invest it into something that will make people WANT to buy the game, instead of just downloading a few archives and slapping them onto a drive.
Personally, I buy quality products, I download the rest and usually delete it after about an hour of playtime.
And before you start screaming bloody pirate...it's legal here, thanks to the lovely, lovely fact that our copyright law is 30 years old and sucked even then.

 

[VanityGirl]

There will come a time, and possibly quite soon, where Sony will have to come up with a better long-term strategy for dealing with piracy than fighting a constant arms race with hackers. It wouldn't be all that surprising if it adopted a policy similar to that of Microsoft and banned any hacked PS3's it detected from going online. We'll have to wait and see what path Sony actually takes, however.

I never understood that. Microsoft's policy of banning cracked xbox is a good policy to have. For people who say "Oh they can just buy another", that's true, but how many $200-300 consoles will a person buy before they give up the pursuit of piracy?

 

[erztez]

I never understood that. Microsoft's policy of banning cracked xbox is a good policy to have. For people who say "Oh they can just buy another", that's true, but how many $200-300 consoles will a person buy before they give up the pursuit of piracy?

Zero, in the pursuit of piracy, I bought ONE $3000 PC

Also, I love the M$ policy, I actually like their DRM policies generally, look at the windows validation thing. They only do enough to justify telling the shareholders that there's a DRM solution and then just fuck off and leave it alone
And who needs to get banned when 1/3 of 360s RRoD out of the box

 

[Warped_Ghost]

Although Sony has the best hardware their software needs improvement. Microsoft has more of the vice versa problem. I really wished they would team up and make a PS360. I know this will never happen but think about it.