PS3 Break buyers receive cease & desist letters from Sony

vbimport

#1

PS3 Break buyers receive cease & desist letters from Sony.

[newsimage]http://static.rankone.nl/images_posts/2010/10/xQMVPf.jpg[/newsimage]Despite the release of updated firmware and a new game decryption key designed to stop PS3 owners from taking advantage of the console’s USB exploit, Sony hasn’t yet stopped using legal measures to control the spread of the modchip devices.


Read the full article here: [http://www.myce.com/news/ps3-break-buyers-receive-cease-desist-letters-from-sony-35630/](http://www.myce.com/news/ps3-break-buyers-receive-cease-desist-letters-from-sony-35630/)


Please note that the reactions from the complete site will be synched below.

#2

Purchasing a cracking device should not be considered the same as using such a device. Perhaps a buyer wants to research the device to see how it works. I can’t see how the Sony lawyers have a leg to stand on.

RM


#3

Research to do what? Create clones or improve the way in which to crack Sony’s proprietary software?

Who are you kidding, RM?


#4

BM,

Keep in mind we’re talking about law here. The law must be very explicit in details or it will not (should not) stand up in court.

If the law says that you can not circumvent a protection, then buying a device that will do so does NOT indicate that you have used the device and have broken the law.

If the law says you can not purchase a device that ‘can’ be used to circumvent a protection, then I suppose they are guilty.

Here in the US, I could purchase a hand gun with the intent to kill someone, but until I indeed kill someone I have not broken the law.

You should read (and think) before you attempt to flame.

RM


#5

Please don’t pretend to know how the law works–I’ve taken plenty of law-related courses in college and can quote you a variety of cases to back me up.

I’m no lawyer, but I can assure you that your thinking is flawed.


#6

Buying a gun is legal, using it to kill someone is not. This is the same.


#7

This case is in Germany, where the laws may be much more strict. In the US, under the DMCA, [B]selling[/B] such a device would be illegal. This is the section that applies:

I No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that—

(A) is primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof;

(B) has only limited commercially significant purpose or use other than to circumvent protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof; or

© is marketed by that person or another acting in concert with that person with that person’s knowledge for use in circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof.[/I]

But [B]purchasing[/B] such a device in the US is not prohibited as far as I can see.


#8

To the people saying that they support buying these sorts of things—

Anybody can buy your personal information online, it’s not illegal to buy it. How would you feel if somebody paid a penny for your social security number, just so they could have it? Wouldn’t you feel as though your SS number MIGHT be used by somebody, someday, to do something with?

Don’t you think that this is the same reason that Sony doesn’t want these sorts of devices being sold?


#9

Sony doesn’t want anyone to do anything that they dont want you to do, just like the rest of the entertainment industries. after purchasing ANY product, a person should be able to do whatever he wants with it. when i buy a car, i dont need the manufacturers permission to alter it, do i? if i want to use the car on the road, i need to get updated insurance, but if i dont intend using it on the road, i dont need to insure it either. if i wanted to use the consule in any way for anything, other than on-line, i should be able to. surely, when it is used on-line is the time to take action.


#10

Where does this madness end? If I spent 300 dollars to buy a PS3, then goddammit I have a legal right to do with it as I see fit. If I so desire to tear it apart and put it back together upside down, who is Sony to tell me otherwise? If I drove my Buick car too fast, does Buick have the right to stop my car from running? Same logic, they own propietary rights to motor and transmission. If I want to install Mac OSX on my computer, can the hard drive manufacturer, or my CPU or my GPU manufacturer have the right to tell me only windows? We rely on our leaders for guidance, but unfortunate for us, our leaders tend to be Corporate Whores who will do the bidding of the almighty Corporations.


#11

That law is obviously plain wrong and it is obviously wrong and that the law allows this BS act of suing someone for buying a product. Its beyond comprehension.


#12

Governments are instituted among Men, deriving their just powers from the consent of the governed-Thomas Jefferson, United States Declaration of Independance…Maybe the time has come to revoke consent.


#13

[QUOTE=Chimera1970;2551525]To the people saying that they support buying these sorts of things—

Anybody can buy your personal information online, it’s not illegal to buy it. How would you feel if somebody paid a penny for your social security number, just so they could have it? Wouldn’t you feel as though your SS number MIGHT be used by somebody, someday, to do something with?

Don’t you think that this is the same reason that Sony doesn’t want these sorts of devices being sold?[/QUOTE]

If someone buys my personal information and it is not ‘illegal’ then there’s not a F’n thing I can do about it. It doesn’t matter how I feel about it just like it doesn’t matter what Sony wants or how they feel about people buyng cracking devices. If no law has been broken then…no law has been broken (strange how that works, aint it?).

As I said before, it all depends on what the law says. If the law says you can not purchase such a device then purchasers of the device are guilty. If it doesn’t make this restriction on purchase, then they have done nothing wrong simply by making the purchase. You said that this thinking is flawed. I would say that if the above is not true then the law is flawed.

I don’t know and don’t care what the German law says about this type of situation. I’m just stating what should be obvious.

What law school do you attend anyway? I’ll be sure not to suggest it to any friends. Then again, maybe it’s the interpretation rather than the lectures that is flawed here.

RM


#14

[QUOTE=Zzyzxroad;2551451]Buying a gun is legal, using it to kill someone is not. This is the same.[/QUOTE] Most countries/states check if you haven’t been pillaging/murdering/raping in the past before they hand you over the gun.