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  1. #11
    Registered User IamSovereign's Avatar
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    Quote Originally Posted by Pretikewl View Post
    It's odd to me that Sony is putting so much time/money into lawsuits over something that is already in the wild. Maybe they are just going for damage control, but it's inevitably out there now and can't be feasably stopped. Sony can't control/sue the entire world. Many countries laws would rule against them. Maybe they are just hitting the major countries to try and set a precedent.:
    The precedent has already been set in the US. Apple lost it's battle against the jailbreak on the iphone which allowed EXACTLY the same thing as this jailbreak for the PS3. I HIGHLY doubt they will win.

    As for why they are dumping all this money and effort into lawsuits may be based on creating an iron fist for later releases. Think about it. The average lifespan of a console is 5 years. The PS3 is very close to this and soon, maybe a few more years, the PS4 will be announced and released.

    They probably got so confident with the security of the PS3 that they have put the same security measures into the architecture of the PS4. IMO they are trying to set precedence so they don't have to go back and possibly redesign the PS4 hardware and security. It is just speculation but it is highly plausible and makes since. This is the only reason I could see why they would try and "make an example" out of people even though it is already out.

  2. #12
    Contributor tripellex's Avatar
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    Like DaGraveR stated above, there's not much they can do about the Teensy boards and similar MCU devboards, as they have a lot more uses developmentally than just simple piracy.

    What I would suggest to PSJailbreak, X3 and other clone makers to do is to stop marketing them as PS3 jailbreaks, and instead sell the dongles as empty programmable shells, a la Teensy etc. If they marketed them as purely developmental devices with no software included nor chips flashed, and allowed for PSGroove or similar Jailbreak software to be flashed to them...well then Sony would be screwed legally.

    Quote Originally Posted by IamSovereign View Post
    The precedent has already been set in the US. Apple lost it's battle against the jailbreak on the iphone which allowed EXACTLY the same thing as this jailbreak for the PS3. I HIGHLY doubt they will win.
    The only problem with this court precedence is, other then using the same term "Jailbreak", the two solutions are vastly different. The iPhone jailbreak's main purpose is to allow you to move your phone to any carrier, which is protected under recent DMCA rulings. The PS3 jailbreak, on the other hand was created and marketed for the explicit purpose of "backing up" your games. Under the new rulings, the ONLY allowable instance of circumventing a video game's encryption is for legitimate security testing or investigation. End-users are not covered under nor protected by this ruling, and that is precisely what PSJailbreak has been marketed as: A tool for end-users.
    Last edited by tripellex; 09-03-2010 at 11:51 AM Reason: Automerged Doublepost

  3. #13
    Registered User IamSovereign's Avatar
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    You are wrong. Read the report. It uses presence from previous cases that have nothing to do with cell phone use such as DVD movie copy right protection all the way to computer game and hardware reproduction to make the case for the Iphone Jailbreak.

    It does talk about circumventing security measures in place if the person "owns" the rights to the license of the software. Read the actual legal decision. (wired.com/images_blogs/threatlevel/2010/07/dmcaexemps.pdf).

    It would be incredibly easy in my opinion for them to reproduce this for use in console games. Now could sony sue them for marketing it for the purposes of playing backups? I absolutely do not believe they will win in the US. Sony will get their asses handed to them.

  4. #14
    Registered User efciem420's Avatar
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    actually...

    Actually... The iphone Jailbreak is meant to allow you to have open access for application installation and management. The Jailbreak component is different then the unlock component. You can jailbreak your phone without having it unlocked.

    In fact, most Iphone jailbreak releases explicitly say Do not apply X firmware for this jailbreak as it will prevent your phone from being unlockable. Unlocking a phone is different then jailbreaking.

    In this sense, what the ps3 jailbreak does is the same as the iphone jailbreak. It allows unsigned code to be used on the system.

  5. #15
    Registered User IamSovereign's Avatar
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    I absolutely agree. Sony doesn't stand a chance of making this illegal in the US. On the other hand they might be able to sue the "resellers" for making a profit off of it. Not sure about the technicalities but I absolutely believe sony is wasting their time and money.

  6. #16
    Registered User thirdeye0's Avatar
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    How can they try to prove someone's intent in court?? These are supposed to be for backing games you own up. They cannot say that people will or will not steal things with them. This is complete trash.

    Hey, if I buy I car I might try to hit someone with it, so they should be illegal.

    Man, if this kind of trash holds up in court, I cannot believe guns are legal. Those are always made for shooting things, mostly people.

  7. #17
    Registered User tjay17's Avatar
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    I thought they would be legal in the US because of the whole apple jailbreak thing?

  8. #18
    Registered User lohr's Avatar
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    If anyone remembers there were XBOX 1, and PS2 modchips which shipped blank, and you had to load the bios onto the chip yourself. PSJailbreak should of been like they if they wanted to get around laws. Then again PSJailbreak people didn't care much about anything other than profit, and wanted close to $200 for an under $20 device.

    There was a day though where in the U.S you'd say there's no chance in hell we'd win a case against Sony for a device like this. HOWEVER, with the recent relook at the DMCA by the legal system, they've stated jailbreaking such devices as iPhones, etc is legal. They even defined it's legal to make a personal backup of a dvd you already own, if I recall right. So it'd be interesting with that in mind to see what the court says to Sony, you'd think they'd throw the case right out based on that.

    The cats out of the bag though, and Sony cannot do much at all now with source code being out there. All in all, Sony lost, the source codes out, and there's no chance in hell they'd ever be able to stop the sale of usb developer boards. Dev boards have a million uses, and I myself including many use them in robotics.

  9. #19
    Member tonybologna's Avatar
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    when you've been defeated on something.
    I LOVE DEFEAT in this sense!
    What I would suggest to PSJailbreak, X3 and other clone makers to do is to stop marketing them as PS3 jailbreaks, and instead sell the dongles as empty programmable shells, a la Teensy etc. If they marketed them as purely developmental devices with no software included nor chips flashed, and allowed for PSGroove or similar Jailbreak software to be flashed to them...well then Sony would be screwed legally.
    You are spot on with that analogy! +rep!
    Last edited by tonybologna; 09-03-2010 at 02:09 PM

  10. #20
    Contributor tripellex's Avatar
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    After reading up a bit more, I stand corrected. Well done, sir.

    Now THIS section below, I find amusing as hell:
    E. Computer programs protected by dongles that prevent access due to malfunction or damage and which are obsolete. A dongle shall be considered obsolete if it is no longer manufactured or if a replacement or repair is no longer reasonably available in the commercial marketplace.
    It would be the ultimate irony if this could somehow be litigated in court, under the precedence that the jigs Sony use at their repair centers would, under this clause, be considered "dongles". If Sony should ever replace their existing jigs (which I image they will after this is all said and done), then the old jigs may fall under this clause, as they would no longer be manufactured, nor made readily available,replaceable nor repairable by Sony. Not sure if this is the case, but it's an interesting concept.
    Last edited by tripellex; 09-03-2010 at 02:25 PM Reason: Automerged Doublepost

 


 
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