It's Hotz in the Jungle

Use multi-quote man.

And I don't have a PS3 manual to read at hand but I'm pretty sure under terms of use, don't break into our ****. Is one of them. :p

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.

I love this opinion whenever it crops up. It's so deluded it's hilarious.

would all of you please explain how this case is any different to the case that apple lost with the iphone.

When i buy an electronics device. It is mine to do with as i please. Just because an electronics manufacturer puts a clause in there that says i can only do with my device what they say they want me to be able to do doesnt make it legal.

If they put in the T&Cs hidden somewhere you must hand over all your 1st born children to them do you think it would be enforceable ? No you can't put stuff like that in there. Its up to a court to decide what is reasonable and what is not reasonable.

Sadly in the case of the iphone, the court ruled against apple and stated that users were free to modify the software on their device as they wished. The PS3 case is no different. Its about the right to do what YOU want with your hardware.
 
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.

Different cases TBH,
Since the device's earliest days, users who chafed at Apple's draconian device restrictions have hacked their handsets to enable extra functionality, like access to 3rd party app stores with content that Apple refused to approve. Apple had claimed the process was illegal under copyright law.

But now an exemption has been created in the US that allows the legal breaking of DRM for: "Computer programs that enable wireless telephone handsets to execute software applications, where circumvention is accomplished for the sole purpose of enabling interoperability of such applications, when they have been lawfully obtained, with computer programs on the telephone handset."

The US Copyright Office explained the ruling by adding: "The user is not engaging in any commercial exploitation of the firmware. At least not when the jail-breaking is done for the user's own private use of the device."

Apple, for its part, has sniffily responded to Cult of Mac, saying: "Apple’s goal has always been to insure that our customers have a great experience with their iPhone and we know that jailbreaking can severely degrade the experience. As we’ve said before, the vast majority of customers do not jailbreak their iPhones as this can violate the warranty and can cause the iPhone to become unstable and not work reliably."

So what about Britain? Over here we have a far more tangled set of rules and regulations, thanks to the intervention of the European Union. The relevant EU directive essentially says that breaking "technical protection" (i.e. DRM) on software is fine, as long as you're not doing it for the purposes of infringing copyright (i.e. playing pirated games).

But that's Europe. In the UK, we have to ratify all of these EU directives before they become law, so the British lawmakers transposed the EU directive into British law, in the "Copyright and Related Rights Regulations 2003". That says essentially the same thing -- that it's okay to break these "technical measures" for interoperability reasons, but not for the purposes of infringing copyright.

So in the jailbreak case it was deemed ok as all it does is let you use functions that apple have locked out, but you still cant infringe on copyrighted material (maybe down to iTunes DRM).
 
yes it does.

The jailbreak blows the whole iphone open to piracy. With the jailbreak comes cydia, and with cydia comes every paid for app on the app store for free with a click of the "repositry" button.

Just as in the same way that installing a home brew firmware that allows you the option to install linux that sony took away, again is just one step away from playing your own pirated games.

Its no different at all.
 
It really is no different. It's exactly the same situation. To jailbreak the PS3 means piracy is possible, but a lot of other things are also possible, the jailbreak isn't solely to enable the use of pirated games. Same as with the iPhone, the jailbreak makes piracy possible (and it's actually easier to pirate on the iPhone than it is on the PS3) but it isn't the sole intention of the jailbreak.
 

It's just rule and regulations. Sony are chasing this up because Mr. Hotz has distributed a lot of what he found in there which is against the law. Yeah fine do whatever you want with your PS3 in private but don't make it public etc which is just making you a lawyer's wet dream.

Like it or not.
 
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