It's Hotz in the Jungle

KNiVES said:
It's not actually, you agree to licensing these things out to you. You don't actually own a lot of the property you think you do.
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Your getting confused.

PS3 and it's software XMB etc is Sony's copyright. They own the brand and all of the software. Theres no denying that. IF I was taking their software, modifying it and calling it the SuperStation, then YES this is when Sony's lawyers can start shouting from the rooftops.

They don't own my product. I own it. I can't believe some people actually agree with Sony on this.

Example:

Download an MP3

I own the MP3, but I don't own the copyright of the song. If I resold it, or uploaded it to a free hosting site then I would be in the wrong. Fair Cop.

Now this MP3 I have on my computer, I can do whatever the hell I want with it. I can chop it up and edit it however I like. Same rules apply.

I own the product, I don't own the copyright. For personal use I should be able to do whatever the hell I like with my product.
 
Johnnytoxic said:
It's ridiculous.

If I buy some hardware, I should be able to do whatever I want with it, by either smashing it to pieces or changing whats inside those chips.

Sony can always protect their online services as it's server side. But to say what I can and can't do with the hardware is a **** take. When I buy something it's my property.
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Unless when you actually open the console to find that their is an EULA or something similar stating for whatever reason things you can't do with the console.

And hacking the console, gaining access to the master key and distributing it to the detriment of the company seems to be one of them. which is fair.
 
OriginalJonty said:
You might want to check the User Agreement and Terms of Service.

http://http://www.scei.co.jp/ps3-eula/ps3_eula_en.html

http://http://uk.playstation.com/legal/detail/item223670/UK-PlayStation®3-Software-Usage-Terms/

Anyone who has purchased and used a PS3 has agreed to these terms.
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As I said, I would have had to buy and set up the PS3 before I can agree to any of those terms anyway. On top of that, an EULA doesn't really mean much, and many are illegal and completely pointless. They could put something in the EULA along the lines of "You agree to use only offical Sony licensed USB and HDMI cables with your Playstation system", it doesn't mean that I'd then be obliged to do so, and there's nothing they could actually do about it. On top of that, I don't really get the option to disagree with the EULA as I have to buy a PS3 to be in a position to agree or disagree with it. Realistically, not many people are going to look up the EULA prior to buying the PS3.
 
Johnnytoxic said:
It's ridiculous.

If I buy some hardware, I should be able to do whatever I want with it, by either smashing it to pieces or changing whats inside those chips.

Sony can always protect their online services as it's server side. But to say what I can and can't do with the hardware is a **** take. When I buy something it's my property.
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But he altered the software which was a compromise of both security, online gaming (people can make hacks) and more that will ruin things and spread cheating, piracy and more. He spread the key code (or something like that) so people can really screw with the system now. You don't have a right to piracy or similar things and thats what GeoHotz was allowing by spreading the hack. It was emulation but it'll spread those things and he knew it.
 
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Sinny said:
Unless when you actually open the console to find that their is an EULA or something similar stating for whatever reason things you can't do with the console.

And hacking the console, gaining access to the master key and distributing it to the detriment of the company seems to be one of them. which is fair.
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An EULA can't tell you what you can and can't do with the console you've just paid good monies for. People think way too much of EULAs when they're essentially "chancing" that people will think they're legally binding in some way, as people in this thread seem to think.
 
Its still a contract that youve agreed to with Sony as a licensee to use their product(s) - its upto the courts to decide if it, in its entirety, is legally binding.

ps3ud0 :cool:
 
ps3ud0 said:
Its still a contract that youve agreed to with Sony as a licensee to use their product(s) - its upto the courts to decide if it, in its entirety, is legally binding.

ps3ud0 :cool:
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But it's not really a contract, as well as, (as I keep pointing out that) you have to have handed your money over first. So, what do you do if you disagree with the EULA, but have bought, opened and used your PS3?
 
Return it saying you dont agree to the EULA - as soon as you use your PS3 youve implicitly agreed to it. Sorry but ignorance isnt a good legal defence...

ps3ud0 :cool:
 
ps3ud0 said:
Return it saying you dont agree to the EULA - as soon as you use your PS3 youve implicitly agreed to it. Sorry but ignorance isnt a good legal defence...

ps3ud0 :cool:
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Retailers would never take it back because you've disagreed with the EULA, you've opened the box, there's no issue with it. And you don't need to apologise, but while ignorance isn't a legal defence, ignoring the EULA isn't illegal. There's nothing in the law that makes it illegal to do what you with with your own possessions, such as hacking your PS3, or your iPhone.
 
Copied and pasted from a site I probably can't mention here...

In a lame attempt to direct traffic to their pathetic websites, some sources are now reporting that Geohot has "fled" the country after court documents reveal a PSN account alleged to belong to him. Normally, we would not report on something so completely ridiculous but, unfortunately, this nonsense is starting to spread to mainstream websites.

Hotz is currently on vacation in a South American country. As common sense would dictate, there is no reason to "flee" from a civil case. These sites have based their claims on misinterpretations of the court documents and an image (see below) posted on Geohot's blog. Way to put two and two together, guys!

In the future, we recommend only getting your news from reputable sites, not random video game blogs. When there's something real to report on the case, you''ll read it here, as always. For the record, we are referring to the original source of the article, which is some random video game blog, not any of the other scene sites who posted it. It's not their fault they got duped. Even legit mainstream news sites are posting it now. Unfortunately, this could have serious consequences on the case, even though it a total fabrication.
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Isnt Sony using the fact that he broke (maybe) the Digital Millennium Copyright Act rather than the EULA? The bloke is an idiot TBH, if he was like other Hackers who go about their business quietly and not offering up there hacks to anyone and everyone, maybe he wouldnt be in this much trouble. As i see it drawing attention to himself, talking trash to Sony and generally being a numpty probably isnt the most sensible thing to do lol. Now he is in more trouble as tampering with/destroying evidence and possibly doing a runner is a far more serious crime than what he did in the first place.
 
OriginalJonty said:
You might want to check the User Agreement and Terms of Service.

http://http://www.scei.co.jp/ps3-eula/ps3_eula_en.html

http://http://uk.playstation.com/legal/detail/item223670/UK-PlayStation%C2%AE3-Software-Usage-Terms/

Anyone who has purchased and used a PS3 has agreed to these terms.
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anybody who purchased an iphone agreed to similar terms and conditions but jailbreaking so you can install pirate software is still legal.

Apple lost the lawsuit, just as sony will do if the courts have any sense.

Just because they bury it in the T&Cs of a user agreement doesnt mean they are allowed to do it. Apple fell foul of that.
 
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