PS3 Hacker Raised All the Legal Funds Needed to Beat Sony in a Weekend

[James Raynor]

People seem to be confusing the meaning of "hacking" within the modification community with the pop-culture perception of it. The modification community still uses the term "hacking" as it was originally conceived- that is, the modification of a device or software to provide different functionality that its original construction. Pop-culture uses "hacking" to mean malicious activity using computers, such as outright hostile activities like DOS attacks; or in the case of games- cheating.

To understand what "hacking" in it's most simple, benign sense, look at a book like Sneaky Uses for Everyday Things. Any time you use something for a purpose other than the one it was intended for, you could consider that "hacking".

I'd like to be able to play [FFX/FFXII] while traveling, so being able to play them on a laptop or whatever is rather awesome. It's not hacking, it's not "doing something that the console normally wouldn't do". It's proper PS2 emulation, using the actual Emotion Engine, which is basically run from a computer. Hence "Sony PlayStation Computer Entertainment System". I'm not modifying anything or changing how the game is intended to be played.

Actually, you are. Emulators are hacks. They are a modification to the computer system that allows it to read the game's software and play it on a computer that was not designed to read and play those games. Final Fantasy X and XII were not intended to be played on laptops. There's nothing wrong with, or malicious, or illegal, about your ability to change your laptop to be capable of playing those games, but it's still considered a "hack".

It also seems that several people are missing the legal argument here. Nobody is disputing that Sony owns the copyright to the PS3 name, software or hardware. All those things have to do with protecting Sony from market competition. Those are the things in place that prevent another company from selling PS3s. Microsoft, for example, could not buy a PS3, reverse engineer it, and sell a Microsoft brand PS3. But that has nothing to do with the use of the console after it has been purchased.

Sony does not own my PS3 console because I purchased it from them and in their selling the product to me a legal transfer of ownership occurred. They are not legally permitted to come to my house and take it from me. They are not legally permitted to tell me when I can or can not play it, or what I can play or watch on it, because it is my machine. In this same vein, I am legally allowed to make any modification to it I want because it is no longer Sony's property. If I open the case and start fiddling with the hardware, then of course I'm voiding Sony's warranty. But that means they stop providing me warranty service because it's no longer the "device they sold me", it's an altered device and they may or may not know how to fix once I have tampered with it.

Sony provides a service- by way of the PlayStation Network- that continually updates software and firmware on the PS3. When I log on for the latest update, I give my consent for Sony to update that software/firmware, but I still retain absolute authority over my console. So if I don't want to let my software/firmware be updated by Sony, then I wouldn't have to. If their update would do something that I didn't like, such as removing otherOS support, then I wouldn't have to download that update. I have the legal right to opt-out of (violate) any ToS and EULA as long as I no longer wish to have access to those services.

Likewise, Sony also has the legal right to opt-out. If I were to do something with my PS3 that breached the ToS or EULA that Sony set forth, such as what GeoHotz did with the rootkey, then Sony has every right to stop supporting the device; ban me from PSN; stop providing whatever service whose Term of Service I violated.

Sony, however, does not have the legal authority to restrict my ability to do whatever the hell I want with my PS3. That's GeoHotz's argument. He doesn't mind being denied access to Sony's PSN because a) it seems he doesn't use it and b) he would rather expand the capabilities of his system further than Sony's endorsed support allows. Sony is perfectly within their rights to deny him access to whichever of their services they want, but they have no legal standing to prevent the modification of GeoHotz's personal PS3 console or anyone else's.

The legal argument that an owner of a piece of property should be allowed to modify that piece of property is entirely sound. You can argue about whether or not it's a "good idea" for GeoHotz to be providing the hack to the public and the possible consequences thereof. But it's not illegal. If the modification is used to cause a crime, then it is the fault of the person committing the crime, not the creator of the modification. This is not Minority Report: crimes are only crimes if they're actually committed. The potential ability to commit a crime is not a crime. If someone pirates a game using this modification, then the crime is the piracy, not the ability to commit piracy.

Shouldn't this have ended the topic? What else is there to day after this comment?

 

[NagaShadow]

I hope he wins, it is our right to do what we want to the PS3 after we buy it, I remember one time when I was delivering Pizza, the people were playing Super Mario All stars on their PS3. They looked like they were having lots of fun, now they can't cause Sony are asshoes

If you buy a gun is it your right to do anything you want with it? Is it your right to do anything you want with a PC? No, you have to abide by the laws and rules. Simple as that.
All this talk condoning Sony is naive jibberish. Geohotz simply allowed pirating to occur on the PS3. That means developers and publishers lose out because some kid thinks it's his god-given right to do what he wants. Sorry, that's not how the world works.

If I want to fuck my gun (after I buy it) I will! If I want to take it apart or modify it, I will! If I want to take apart my PC or modify it in some way to make it better, I will!

Uhuh...And if you want to shoot someone with it or shoot it in public are you allowed to? Don't use inane examples.

No of course not, but that's WAY different

Cuz u say so? LAD
How about a mature, logical argument?

I'm saying guns and PS3s are WAY different, but in a perfect world, you'd be allowed to do anything....actually now that I think more about it, there is a world out there (universe?) that you can do anything, go figure

Hate to break it to you but that's not how science, or the law, works =p

I'm sorry if your mind can't comprehend multiple universes....or just other galaxies in general. I'm just gonna stop talking to you now before before....something bad happens (I had something for this)

....That really isn't how science works. Making up multiple universes and thinking physics changes in each galaxy is just....bad science.

actually the multiverse theory was first created in 1985. in addition here are some links to some Relevant info

http://en.wikipedia.org/wiki/Multiverse

http://www.astronomy.pomona.edu/Projects/moderncosmo/Sean%27s%20mutliverse.html

OT: the problem that i see with this case is that Sony seems to be saying that he cannot make modifications to HIS ps3. this is similar to someone buying a PC from dell or Alienware and then being sued for changing the graphics card or adding ram

 

[dragontiers]

Also since he agreed to the EULA and ToS on purchasing the console:

Except as stated in this Agreement, all content and software provided through Sony Online Services are licensed non-exclusively and revocably to you, your children and children for whom you are a legal guardian (collectively for purposes of this section, "You" or "Your"), solely for Your personal, private, non-transferable, non-commercial, limited use on a limited number of activated PlayStation®3 computer entertainment systems, PSP® (PlayStation®Portable) systems, VOD Devices and any other hardware devices, including peripherals that are sold or licensed by a Sony company, authorized by SCEA in the country in which your account is registered. All intellectual property rights subsisting in Sony Online Services, including all software, data, and content subsisting in or in connection with the operation of Sony Online Services, the Online ID, the access to content and hardware used in connection with Sony Online Services (collectively defined as "Property"), belong to SCEA and its licensors. All use or access to Property shall be subject to the terms of this Agreement, other applicable agreements, if any, and all applicable copyright and intellectual property rights laws. You may not sell, rent, sublicense, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Property . Except as stated in this Agreement or otherwise expressly permitted by SCEA in writing, you may not reproduce or transfer any portion of the Property. You may not create any derivative works, attempt to create the source code from the object code, or download or use any Property for any purpose other than as expressly permitted. You may not bypass, disable, or circumvent any encryption, security, digital rights management or authentication mechanism in connection with Sony Online Services

Later on in setion 12.

Some content may be provided automatically without notice when you sign in. Such content may include automatic updates or upgrades which may change your current operating system, cause a loss of data or content or cause a loss of functionalities or utilities. Such upgrades or updates may be provided for system software for your PlayStation®3


So techincally he did something he agreed not to do ( section 12 is in response to the change in other os feature QQ...buy a computer you bums)

The problem here is EULA's are not legally binding. The fact that they claim you are agreeing to it simply by purchasing the product, before even getting a chance to read it, makes it invalid. Also, he has stated he does not use PSN, nor intends to, so therefore he is not held to the PSN Eula either. Contracts are only legally binding if both parties actually agree to them.

Ummm, no. You're thinking of a shrink wrap contract. The thing is that the PS3 EULA is legally binding debause you can look it up online and print if off. If you can look at the contract before you make the purchase, than the contract is legal.

The courts have ruled that EULAs are unenforceable if there isn't a reasonable assumption that they are read and agreed to before taking effect. I don't think it is a reasonable assumption that every person who has ever purchased a PS3 has gone on-line looking for a EULA that is applicable once they purchase the product. How many parents/grandparents/siblings/spouses that purchased PS3's as a gift would know about this? Heck, I'm sure most actual gamers, who purchased a PS3 for themselves knew about it ahead of time. Therefore, it is unenforceable. A company can't say you agree to something without you actually agreeing to it. That's why all the EULAs on games have the little "I accept" button before you install. Otherwise, they have now way of proving you consented to the EULA.

I'm sure the courts didn't rule the EULA unenforcable. Especially since Blizzard games won a large sum of cash in a legal case when they sued someone for breaking their EULA a few years ago. Someone else on this thread already showed the links to that. If the EULA is so unenforcable then why bother?

And as I pointed out to him, the settlement does not refer to the EULA, it refers to him selling something that Blizzard has a copyright claim to. Essential, his bots used some code from WoW, which made it illegal for them to sell. EULAs can be enforced if they are reasonable. However, expecting someone to know you have a EULA for a product, and having them read it before they purchase the product when nowhere on the item or it's advertisements does it say anything about it, and making the purchase of the item equivalent to agreeing to the EULA, is not reasonable. The only other EULA that applies in this case is the PSN EULA you agree to when you log on. He has stated he did not, nor does he intend to use PSN, therefore that EULA doesn't work either. If you purchase a PS3 off the store shelf, take it home, open it up, and then mod it, you are not agreeing to any EULA, therefore there EULA is unenforceable in this case.

 

[AsianMafiaSin]

Rooting for GeoHot, just a pro-underdog person.
Criticize if you want but I won't read your response so rage to those who agree with you and you'll feel accomplished (that statement also applies to politics e.g. parties and views)

 

[Pendragon9]

I'm sorry, but I can NEVER support this stupid cheater known as "Geohot".

He has openly admitted that he wants to crack the PS3's security code so that it's possible for pirates to cheat online, unban themselves if Sony bans them, and actually BAN LEGITIMATE USERS.

Yes, that's actually possible.

Since then he deleted his remarked because he realized how stupid he was being, but it doesn't change a thing to me.

So no. I support Sony on this case, even if they lose. This man is responsible for every hacker and glitch abuser online. And I take a firm stand against that kind of scum.

Also, I suspect alot of bias in this topic. If Geohot picked a fight with Microsoft by hacking their system, people would be demanding his head on a pike. :/

 

[Gindil]

You pay for it, you agree to the rules and to abide by them. Don't like it? Don't do it.

The jailbreaking of the iPod disagrees with you.

The jailbreaking of the iPod doesn't result in games being stoled from the app store. Hacking a PS3 does. Jailbroken iPods get their own custom apps. Hacked PS3 play stolen games. Huge difference my friend.

...

No, I think you've got it confused. These hacks were all about implementing "Other OS". It's also allowing a customer to do what he wants with his paid for merchandise. But trying to blur the line of hacking with "stolen" games is a little dubious at best when they accomplish different goals.

It's not blurring the line of hacking with stolen games when that's what this code that was "all about getting back the Other OS" leads to stolen games now is it?

...

That's just like saying geohotz did this because he wanted to play stolen games. Stolen games are when you go to Wal-mart and take them from the electronics display.

You might mean they can play copies, which are legal.

You might mean that they can play emulated versions, which are legal if you own the original game. But trying to say he's a thief because the hack he worked on (while being contested in the law) has other negative connotations is a dubious example. All I'm doing is pointing out that your distinctions give a very bad connection to what people can legally do with their owned medium of entertainment.

 

[Arizona Kyle]

I hope he wins, it is our right to do what we want to the PS3 after we buy it, I remember one time when I was delivering Pizza, the people were playing Super Mario All stars on their PS3. They looked like they were having lots of fun, now they can't cause Sony are asshoes

Uh, no they have no right to be playing SMAS on their PS3. No matter if the game is fun, they pirated the game and hacked the console? Thats like double the offense.

If someone pirates a game and says they're having "fun" doesn't suddenly pardon them.

The game is so old now though, if you bought it at a pawn shop the only one getting money would be the pawn store owner, the companies would no longer be getting the money 9I mean, that's the problem isn't it? With piracy for new things, the creators, like apple or microsoft, or Gearbox or whoever don't get their money?) and they bought it so I think they have every right to hack their PS3, also Hack is such a strong word, like rats, or ****

Alright, well I guess it will suck once they close down PSN due to too many pirates and hackers. But hey, they're having fun and they bought their ps3 so it should be perfectly fine...

How about instead of fighting this kid they let him do what he wants/work with him so that he can still hack the ps3 but help stop cheating and piracy

Because if he works for them, they need to bow to his ever will or else he literally has insider information on SONY and can rip their shit apart?

i would disagree as the origin behind hackers were the basic bug testers and people who would find a way into a system then make it unaccessible im sure that if sony listened to people rather then scrapping features everytime someone gets close they wouldnt have to do this stuff quite as often.... he has already said that he doesnt do piracy or other stuff he just wants to have alittle fun with his system and i believe that you should be able to without sony throwing a media s**tstorm if they were smart they would get him to work with them to make the ps3 funner for everyone by being able to do stuff they never thought of and preventing piracy/cheating

 

[TheYellowCellPhone]

Called it. Posted about it yesterday on another thread

People worship Geohot. I have to admit, the guy's a genius, I do not doubt that he will get financial support.

 

[Celtic_Kerr]

I hope he wins, it is our right to do what we want to the PS3 after we buy it, I remember one time when I was delivering Pizza, the people were playing Super Mario All stars on their PS3. They looked like they were having lots of fun, now they can't cause Sony are asshoes

Uh, no they have no right to be playing SMAS on their PS3. No matter if the game is fun, they pirated the game and hacked the console? Thats like double the offense.

If someone pirates a game and says they're having "fun" doesn't suddenly pardon them.

The game is so old now though, if you bought it at a pawn shop the only one getting money would be the pawn store owner, the companies would no longer be getting the money 9I mean, that's the problem isn't it? With piracy for new things, the creators, like apple or microsoft, or Gearbox or whoever don't get their money?) and they bought it so I think they have every right to hack their PS3, also Hack is such a strong word, like rats, or ****

Alright, well I guess it will suck once they close down PSN due to too many pirates and hackers. But hey, they're having fun and they bought their ps3 so it should be perfectly fine...

How about instead of fighting this kid they let him do what he wants/work with him so that he can still hack the ps3 but help stop cheating and piracy

Because if he works for them, they need to bow to his ever will or else he literally has insider information on SONY and can rip their shit apart?

i would disagree as the origin behind hackers were the basic bug testers and people who would find a way into a system then make it unaccessible im sure that if sony listened to people rather then scrapping features everytime someone gets close they wouldnt have to do this stuff quite as often.... he has already said that he doesnt do piracy or other stuff he just wants to have alittle fun with his system and i believe that you should be able to without sony throwing a media s**tstorm if they were smart they would get him to work with them to make the ps3 funner for everyone by being able to do stuff they never thought of and preventing piracy/cheating

And normally, I would agree that working for someone that has cracked your system could be a good idea. But he knew what the root key does, he knows what it can be used for. Imagine if he works for SONY, doesn't like it and leaves. He can just release the root key all over again, and all this starts over. I don't see it serving any purpose

 

[TelHybrid]

Great stuff!

Sony must be so butthurt right now. This is what they get for trying to be such technology nazis. It's so funny that they wouldn't be getting all of these hackers on their case if they had left the other OS option alone.

It's nice to see people fighting for the rights of consumers, and their right to actually own their hardware, and do what they like with it.

 

[fundayz]

So you guys support this movement then whine when developers try to protect their games with online DRM?

I support Geohot, but I don't see how people can still pretend piracy is a non-issue in the digital market.

 

[Doctor Glocktor]

I hope he wins, it is our right to do what we want to the PS3 after we buy it, I remember one time when I was delivering Pizza, the people were playing Super Mario All stars on their PS3. They looked like they were having lots of fun, now they can't cause Sony are asshoes

Yeah? Well I honestly don't want hackers fucking up my console. I spent 320 dollars, and the last thing I want is for some dick to come and screw up my multi-player experience.

Homebrew is a good thing, but it's not worth the hacking.

I hope this guy loses, and I hope that Sony permabans any fool who hacks their system.

Playstation network is a separate service from the PS3 itself.

You be fine from hackers if Geohot wins.

 

[aashell13]

I've noticed a great deal of thoughts to the effect of "If Hotz wins, there will be so many cheaters on PSN that they'll shut everything down", used as a reason why Hotz is in the wrong.

This is bad logic, for two reasons:

Firstly, it has nothing to do with the core of Hotz's case: that he has the right to modify equipment that he owns in whatever way he sees fit. He can modify his PC however he likes, he can modify his car however he likes, etc. The limit of Sony's recourse to modifications that they do not approve of should be to void any warranties that may apply.

Secondly, most of the games in question (MW, MW2, etc) are cross-platform games that also are available for PC. Now there are effectively no restrictions on how you can mod a PC, and yet multiplayer for these games on PC remains viable, and I am not aware of any threats to shut down servers on these platforms due to an excess of cheaters. This suggests to me that the argument 'modded PS3s will make cheating/piracy unstoppable' is an excuse designed to sway the uninformed.

 

[archabaddon]

I truly hope GeoHotz has his day in court and, hopefully, wins his case. He has a valid point: Sony doesn't own the console I already purchased from them. Removing advertised features is definitely a faux pas on Sony's part (OtherOS specifically), but if I want to hack into the box to install Linux or Windows (a legal copy, of course) and make the thing into a light PC, that's my business, not theirs.

Certainly, they can keep my hacked PS3 off the PSN - they do in fact own that network and should deter game piracy and cheaters (both of which GeoHotz is against) - but I'm not renting the box from them. Once I pay for it, that should be it.

I know that the Air Force, for one, was pretty cheesed off [http://arstechnica.com/gaming/news/2010/05/how-removing-ps3-linux-hurts-the-air-force.ars] when they could no longer get new replacement PS3s with the OtherOS feature to support their processing cluster.

 

[Xman490]

This reminds me of how Zeboyd Games reached its $3000 goal to make an advanced edition of Cthulhu Saves the World ($3 downloadable game similar to SNES Final Fantasy's) in a few days on Kickstarter.

 

[mrdude2010]

I hope he wins, it is our right to do what we want to the PS3 after we buy it, I remember one time when I was delivering Pizza, the people were playing Super Mario All stars on their PS3. They looked like they were having lots of fun, now they can't cause Sony are asshoes

Uh, no they have no right to be playing SMAS on their PS3. No matter if the game is fun, they pirated the game and hacked the console? Thats like double the offense.

If someone pirates a game and says they're having "fun" doesn't suddenly pardon them.

unless they purchased a copy of SMAS then modified it to work for their console (or modified the console to play the disk). then all of the software is purchased legally and i don't see a problem with it

Because you didn't buy SMAS for the PS3. You bought it for the SNES. That's like saying one should be able to get Blade Runner in Blu-Ray because you bought it on Betamax.

You pay for it, you agree to the rules and to abide by them. Don't like it? Don't do it.

The jailbreaking of the iPod disagrees with you.

The jailbreaking of the iPod doesn't result in games being stoled from the app store. It does, however, result in piracy.

it's going to run at SNES level quality no matter what system it's being played on. it's not like it magically becomes more graphically advanced because it's on the PS3.

 

[FamoFunk]

Shit's gonna hit the fan.
I'm just gonna sit back and play my PS3 like a good Girl.

I'm all for people doing whatever the hell they want to their consoles, as long as it doesn't ruin clean online fun for the rest of us who wanna play things legit (talking mainly CoD here as an example)