Anonymous Not Done With Sony

Then should developers get sued for the removal of features in things like online games? Even for the sake of things like balance? It was advertised so therefore it is there forever and ever?

He did break the TOS, it specifically states you cannot edit or interfere with the source code which is what he did, and to the majority of customers Linux isn't even on the list of stuff the PS 3 can do pre-removal.

Depends on the circumstances I think.

Blizzard's failure to implement Dance studios is one thing, if they removed PVP that'd be another.

Last I checked, there was no agreement that the customer is required to sign upon purchase of a PS 3. Because of that, there is no EULA, "Terms of Service," or any such agreement between the customer and Sony.

The only contract-like form that must be agreed to is if one attempts to use the PS 3 to get online. Since there is no evidence, whatsoever, that Geohot ever went online with a modified PS 3, there is no violation of any agreement.

Informing others how to modify the PS 3 to operate Linux is as illegal as informing others how to jailbreak an I-pod... Meaning, it's not.

There's one when you turn it on.

If that's true, it's not every time you turn the PS 3 on. Only the first time...

Which means such an agreement cannot be subjected to people who purchase them second hand, as they are not aware of it. A contract(which EULA and terms of service are) is never binding unless both parties know about it and agree to the terms... It has to be proven that there was knowledge of the terms.

Such proof is rather hard to come by, since Sony doesn't exactly keep a record of the people who turned on specific PS3s for the first time(because that would be illegal)... only those who connected to the internet through one.

edited 15th Apr '11 5:14:36 PM by Swish

If you're a second-hand customer, then Sony has no obligation to you as such, so any issue with what Sony does with the firmware is on you.

Though I'm sure when you do update the firmware it is shown again.

Perhaps it is, but if you don't connect to the internet, then Sony cannot update the firmware, can they? And Sony cannot require that the PS 3 connect to the internet(well, they could, but consumers would need to be informed before the purchase of such a requirement). My point is, Geohot did not connect his PS 3 to the internet. Thus his editing of the PS 3 to give it Linux is not in violation of any agreement he may or may not have made with Sony.

It's not illegal because modifying something one owns is not illegal. And it's not illegal to show others how to make such a modification because it's not illegal to show others how to jailbreak an i-phone/i-pod(whatever it is).

It may be in violation of a contract, but Sony has to prove that such a contract was both valid and acknowledged by Geohot. They cannot prove the latter.

Again, the problem is that it was used to circumvent the copyright protection of the PS 3 which meant that people did illicitly used copyright content.

That's why they sued.

But um, AFAIK, updating your firmware is voluntary, the only thing you lose access to if you don't is maybe the Playstation Network, not the Internet as a whole.

edited 15th Apr '11 5:33:38 PM by blueharp

And the problem I have with that argument is that jailbreaking the I-phone was said to circumvent copyright protection... And that argument failed in court. I highly doubt this will succeed as well, as it's the same argument.

As for the firmware, I haven't ever connected a PS 3 in my home to the internet. I assume PSN is like X-box Live where if you don't connect to Live, you cannot really do anything online with the console(because you can't exactly open a browser with the console unless you were to install something like Linux, which Sony says one cannot do)...

Didn't Geohot specifically state he was releasing the code to hurt Sony? That probably matters a bit more in a civil case.

It's got a browser on it, same with my PSP. I don't have one to test right now, but I can't see why it would need to touch any server of Sony's simply to get online.

As to whether or not they would prevail in a trial, well, we won't know, the parties settled. That means whatever arguments Sony or Geo Hot may have been made are untested in a court of law.

Regarding PS 3 firmware, even if you never connect your PS 3 to the internet, you will have to update the firmware at some point, simply in order to play newer games which require an update. So it's practically mandatory.

And yes, you need to agree to the TOS every time you update. There is no way around the issue. Geo Hot violated the TOS and by advertising what he'd done he brought SONY's legal department down on him.