Focusing on the things upon which we still do not agree:
Dastardly said:
Ownership is not a "right." Rights are unconditional. Ownership is conditional. To be obvious, I don't "own" a car unless I pay for it and the seller gives it to me. If the seller refuses to sell or I refuse to pay, I cannot own that car. If I lease the car, there's a whole other contract. I don't suddenly have a right to own that car. If I finance the car, technically the bank owns the title, despite the fact that I might behave as though I own the car.
No, no rights are absolute. For example let's take what is widely agreed upon as the most fundamental right, the right to live. I always have the right to live... except when I am trying to kill someone else. When I do this I void my right to live because that person has the right to kill me in self defense. Thus no rights are absolute. Unless you submit that pacifism is the only coherent position and that we never have a right to defend ourselves when it involves taking the life of the aggressor.
Dastardly said:
Ownership is a legal construct and a commodity, when it comes to many things. The obvious exceptions are your own body and mind. I own something because:
1) the original owner set conditions for the transfer of ownership,
2) I met those conditions to the satisfaction of the original owner,
3) the law provides that once this exchange is complete, I'm now the rightful owner
What we can debate here is whether or not Sony is allowed to say, "You don't actually own this," on a license that is only viewable after the financial transaction. If the EULA was made available at the point of sale, things would be very different (and far less convenient, too).
That isn't an issue of whether ownership is a right. It's an issue of whether you have ownership
in a particular given scenario. The two are conceptually and philosophically different.
However, I think we agree that the latter is also an important issue. My problem is that the product is fully paid for. I think you can definitely set terms and conditions for someone to use something that you own, but once they own it you just don't have a say. And I don't think we rent our consoles. I think we buy them and own them. I'm not really familiar with the EULA, but if it says that you absolutely cannot do things to the product, then you don't really own it. And regarding that point I
DEFINITELY do not think that Sony (or anyone else for that matter) gets to tell you that you don't own something only after you've already bought it. Frankly, I don't think someone has a right to tell you that you don't own something after you've paid for it in full.
Now, granted you can't rip off their technology by taking apart the console and retro-engineering one of your own and then selling it. But that's a copyright or patent law, which is something entirely different. The
design of the machine itself is an
intellectual property that you
do not purchase when you purchase the machine itself. But I think that you do own the physical equipment itself once you've bought it.
I think the facts that you
1) have paid one lump sum and are given the piece of equipment without ever paying the company again,
and
2) can sell your console to someone else without notifying the person you've bought it from
are both indications that you are, in fact, the full legal owner of that piece of equipment. And frankly, if the law doesn't acknowledge this, then it needs to be changed.
Once again, I'm going to disagree with you in that I think that this is still a problem even though people put up with it. Sure, people might not rebel against a tyrant, but that might be because they don't want to sacrifice their lives, not because they're happy with the tyrant. Obviously people putting up with the EULA because they really want to play the next Metal Gear Solid or Killzone is not as extreme as the above example, but it still follows the same principle.
Maybe people shouldn't have to constantly undergo boycotts in order to not be treated badly. Maybe it's alright if someone steps up to speak for them. You say that Anonymous is falsely representing the community? Well then, let's just apply your principle: if people dislike Anon for doing this, let them speak up. Sure, Anonymous doesn't have to answer directly to the people, but they'll look really bad if they don't and people will stop supporting them, which with a group like Anon, might be fatal [or it might make them stronger, idk they're fricken Anonymous].
Dastardly said:
The difference is that Sony's lawyers are using every legal means at their disposal. They're not doing anything illegal. It's not about "do whatever you can to win." It's about "do whatever you're allowed to do to win."
Yes, but I don't conflate the law with morality. The two are separate, albeit related. The law is meant to protect me, and when it starts to undermine this original purpose, then it needs to be subverted.
Dastardly said:
I'm not sugar coating either side, but you're sugar coating GH's side of things. Sony didn't arbitrarily pick this "little guy" to "make an example."
"David and Goliath" is a story about an invading army's giant champion being put down by the nearly-defeated defender's young, but Godly and confident underdog. It's a story about good triumphing over evil even when evil seems more powerful. Neither side is "good" or "evil" in this.
I'm not sugar coating GH's side. I think he's kind of a douche and is probably guilty of breaking some laws. However, I also think that Sony is drastically more powerful than him, and so they're the bully. Granted it's not pure Good vs. Evil, but nothing is. Frankly it's more like Douche vs. Evil. I'm rooting for Douche because Evil has it in for me. I'm just looking at it from my perspective, which is that I don't want to have my control over what I own taken away from me.
Dastardly said:
I'm just not on the "Sony is being evil" bandwagon here. The lawyers are doing what they should by being thorough, and hopefully so are GH's lawyers (seems that they are, but they're not under the same media scrutiny at the moment). Lawyers aren't paid to believe in the cause. They're paid to defend it.
I didn't say that the lawyers were evil. (Though I'm going to go out on a limb and say that most corporate lawyers are probably more than willing to subvert justice in order to improve their financial situation.) Frankly, I don't even really believe in an objective or absolute good or evil. When I use the term 'evil', I'm really just being facetious. I don't like Sony because I know they'll do anything to make a buck and that includes trampling on my rights. Frankly I could care less about modding my PS3.
HELL, I DON'T EVEN HAVE A PS3! I just don't want a nasty legal precedent being set that can lead to further legal precedents that ever decrease the amount of say I have over what I can do with the things I buy.
Dastardly said:
And what if they win? Many people will stop buying from Sony. Another company will step in and offer better terms in order to win those sales. Other people, for whom this licensing presents not one bit of problem will continue with Sony. Every step Sony takes to enforce that crazy control will just drive more people away. Nintendo and Microsoft will learn swiftly from that mistake. It's not going to be the end of the damn world.
I'm not sure if people will. I'm not sure if the majority care or are even aware of the fact. Plus, Microsoft and Nintendo can easily have an unspoken trust with Sony. They know that the EULA is in their best interest, and might not break or give the consumer the option. Frankly, I don't think enough gamers care enough to let the free market decide this.
I guess you could make an argument that consumers deserve to have their rights taken away due to their own laziness. You could also make an argument for Social Darwinism along similar lines. I don't think any moral system is objectively right or wrong, but I
do think that these systems have to be internally consistent, so you should realize the greater implications of your arguments.
Dastardly said:
As long as everything is being handled in line with the code of law, the evidence seems to support "customer rights" coming out on top. We can't pretend that the legal system shouldn't be used properly just because we're afraid the other guy might win.
No, no, no. Did you read what I said about legal precedents? The law is flexible, and individual cases can change it
DRASTICALLY. The problem is that the law may not be fully specified on this topic, in which case it is no longer a simple issue of carrying out the law, but becomes a matter of interpreting it. Haven't you ever heard of Roe v. Wade? You know, the whole abortion thing? That was a case that went to the supreme court and now drastically affects our laws.
Furthermore, we have a conservative supreme court, and the supreme court has virtually no oversight. I'd say that they're actually more powerful than the President. They could rule that consumers have no rights over the products that they buy. I don't think that will happen but it still worries me.