wow, this is going to hit hard on a lot of people. 50,000 consoles are being prepared for the console ban, um I'm wondering how their doing that?
As you said, they say it comes from the HDD, so how dose it get there in the 1st place? And we can replace the HDD, so a bit of a wast there.
Unless when the game was being played their servers may put a Sony CFW on that drive, and when you go to play it again after a power reset it dose something to the ps3? Maybe, I don't know, but it would make more sense to put a file in the same place as were the downloaded firmware go's, before its installed on a reboot. This is just speculation on my part tho.
So has anyone just been banned, or bricked as well?
If i was Sony, I would've slipped a a sleeping trojan deep into the bowels of 3.42 that triggers local lock-down (regardless of DMCA legislation). You're right, using the HDD to do this would be pointless.
I wouldn't have thought the DMCA would allow it, but there you go.