See he may have only changed his system, but he posted how to do it online. That's the crime right there. Court case. End of discussion. Teaching people how to alter their console is one thing, just sending it out for anyone, law abiding or not is another. he gave people the means to pirate PS3 games. That's a crime. And really it doesn't matter if he changed just his console or not, he still fucked with the software so he broke the EULA, and since he was stupid and posted his name up on the internet along with the crack, he's getting the shit. That's the price you pay.dathwampeer said:He's only changed the code on his system though. If he owns the machine then anything on his system he is allowed to change. The most sony should be allowed to do is deny him the right to log onto the network. Or blitz his system when he updates. This is still not a court case.AzrealMaximillion said:Your lack of knowledge about the law is really what's making your argument flawed here. As I'm sure I explained Geohot does own the hardware but he does not own the software. Otherwise he would be the on making firmware updates, not Sony. Take a read through the EULA agreement. It's as plain ad the fact that the Earth is a planet that Sony owns the software and we as consumers have purchased the right to use it not alter it. No one is getting bribed so get that fool notion out of your head. Especially if you don't know the law of the situation.dathwampeer said:The problem is it's not really a legal issue. What he did was not really illegal. The only morally questionable part of what he did was that he showed others how to do it. He hasn't actually ripped and distributed any copyrighted material. Sony's motives are of no concern to me. What they're doing is bullshit. I'm convinced they're bribing people. It's the only way I can see it turning out the way it has.AzrealMaximillion said:The legal action Sony is taking is more to please it's business partners (i.e. thrid party companies) than themselves really. How would you feel if you were Square Enix and all Sony did to stop the situation was disconnect cracked console while doing nothing about the fact that your games are still being pirated? What kind of message would it send if Sony didn't do anything considering this idiot posted his name along with the crack? This case is really to stop people from pirateing games. Killzone 3 was just leaked online, but I think people are thinking twice about pirating it because of this Geohot guy getting slammed. And again you bring up Apple. Cydia carries knock off titles, not pirated titles. HUGE difference. Stop defending this guy, he's using the same excuse that almost every hacker has used before, "I didn't know people would use it to do illegal things." It's a really him telling himself that to try and make himself feel innocent. He fucked up. Simple and plain. And really you have to make a message out of someone in order to get people to stop pirating. Especially if the idiot hands out his name and says he did it.dathwampeer said:A cracked console has the same functionality a linux run PS3 had, Yes it had the added ability to run pirated software. But I doubt he'd have cracked the system had sony not removed the function in the first place.AzrealMaximillion said:Umm, no. He didn't show people how to get Other OS back, he showed people a security crack. He didn't specifically show people how to get back lost features, that's where your comparison fails. Also you comparing this to Apple shows that you don't know the specifics of that issue either. Apple can no longer sure for jailbreaking, but they can still stop jailbroken iPhones from functioning. Also a jailbroken iPhone leads to free apps, a "jail-broken" PS3 could lead to pirated games. It's completely different territory. This Geohot jackass didn't just jeopardize Sony, but he jeopardized everyone who puts out products for Sony. A free iPhone app isn't stealing, that's why jailbreaking iPhones is legal. No one loses anything there. Companies like Capcom, SCEA, Activision, Epic, these companies have something to worry about when the PS3's security is threatened. It's a fair trial. Geohot didn't show people how to do illegal acts but he gave them the means to do so very easily. It's not legal when you give someone the means to do crime. That's like insider trading. You can't go around sharing insider information on stocks because it hurts other companies. Your excuse can't be, " I didn't know they were going to use the stock info to make an unfair amount of money, I did it because it was market research. Geohot dug himself a hole here and it's no one's fault but his own, and if he wants to spend his time making rap videos instead of a solid defence, he really has no idea how fucked he is. The age of hackers getting hired for doing crime is over since people who can hack wind up applying for jobs exactly to stop people like Geohot, so he really doesn't have a hope for that either.dathwampeer said:Surely his not owning the software only applies to him illegally copying and distributing it.AzrealMaximillion said:He owned the hardware, but he had no right to show people how to crack the software. He doesn't own the software, Sony does. That's how they won the legal battle. No one is bribing anyone here. Geohot fucked up. The EULA states that you do not own the software of the console, you have the right to use it within legal means. Geohot tampering with it and showing people how to do so allows for piracy on the PS3. The bad outweighs the good here and this rapping hacker broke the law.dathwampeer said:I'm seriously at a loss as to how sony won that legal battle.
I'm gonna go ahead an say it.
Everyone involved got a huge stinking bribe.
He owned the system. Unless the meaning of that has somehow changed, cracking it and then showing other people how to do the same is in no way illegal.
He is bringing back a function to the system that was originally a selling point but was recently taken away.
This is the exact same battle Apple lost over jailbreaking (infact, this case should be leaning even more to the hackers innocence. Because of the whole Linux issue.) It makes no sense that Sony should now win it unless there have been law changes.
This is in no way, shape or form a fair trial.
He didn't show people how to commit an illegal act. He showed them how to regain a function that was removed. If people use that for illegal purposes then that's not his fault.
Would we blame Smith & Wesson for any person who fires a magnum in a crime? Or more accurately the person who came up with that particular models design. Or should we blame the manufacturer of the bullets?
The blame rests squarely on the people actually committing the crime.
And I've got nothing against sony shutting down cracked consoles as they come accross them. Hazard of the job I suppose. Taking legal action is a step too far.
Also cydia tends to stock bootleged and immitations of appstore apps.
Also Cydia carries ton's of pirated software and merchandise. Have you ever used it? There are emulators for the NES the Snes the PS1. There's probably a N64 one if you look hard enough. They certainly don't have permission to run the emulators let alone rip and distributes the game ROM's. You can get unofficial version of Quake and Doom to run on it.
That's not even mentioning the amount of songs you can download to use as ringtones. Piracy is rampant on the iPhone.
Lets just outline the logic of this argument. Geohot's hasn't pirated any software. Nor has he shown people how to pirate software. He has hacked a system he owns, allowing for homebrew to be installed.
You cannot blame him for how people use that knowledge.
You don't blame the designer of a gun for the crimes someone may commit with it.
The same logic applies here.
Oh, and ROMS are perfectly legal to own as long as you own the original copy of the game, otherwise you have to delete them within 24 hours of acquiring them. That's called making a back up. Also what the hell do you think the Virtual Console, PSOne Classics, and XBL Arcade re-releases are? Licensed ROM images being sold. And another thing, you can legally download and use any ROM image that is not getting any profit. That means if I want to download and play River City Ransom, (a game made in the 80s by the now defunct Technos Japan) I can do so since the original company does not exist anymore and there is no other way of buying it besides eBay.
You should stop with the gun comparison too. You can't blame gun crime on the manufacturers. Blame the shitty gun control system the U.S. has. Guns were made to kill. Most gun crimes are caused with illegally bought guns. It's not the Beretta company's fault that the store owner they send their guns to decides to sell guns underground for profit to criminals. It's not the same logic here at all. Geohot broke the EULA which is punishable by lawsuit. What part of that can't you understand?
You're not allowed to download and play ROM's on a phone that's not been licenced to accept them.
You'd have a hard time convincing anybody you were just making a backup of a game you already on, when the backups on a friggin phone with an emulator. I never said the ROM's themselves were the problem. It's that they're being distributed and used illegally.
The point of the analogy is that you can't blame a designer for what people do with their design. Especially when the design was not specifically engineered for criminal activity.
You also need to look up ROM law. If I own a copy of Super Mario Brothers, I can play it legally on my phone. It doesn't make sense that just because a phone isn't licensed to accept them that you can't play them. The same would have to apply to computers than since PC aren't licensed to accept NES games I'm sure. And that argument kind falls flat with the Sony Xperia Play coming out in about two months.
It's not that hard to convince people you made a back up of the game is you can physically shoe them the game in your hand.
Look you can pull all the loopholes you want here but Geohot broke the PS3 EULA. Look it up online. Section 2 to be precise. That and by him posting the crack online, that's a court case for aiding and abetting criminal activity. Had he just given the code to friends in a e-mail, he would only have his console blocked from the PSN, but since he just posted it, Sony, and Federal law have reasonable evidence to take him to court.
And back to your analogy, Geohot isn't the designer of the Sony System Software for the PS3, therefore he has no right to modify it and tell people how to do so. Sony can blame Geohot for any piracy that happens now because as it stood the PS3 was the only console this gen that you couldn't pirate games for.