Linked by Thom Holwerda on Thu 27th Jan 2011 22:28 UTC
Legal "Sony has won its request for a temporary restraining order in its PS3 jailbreak case against Geohot and fail0verflow, despite a jurisdictional technicality. At the same time, the judge at the US District Court for the Northern District of California has allowed Sony to keep the lawsuit in San Francisco. The restraining order forbids the jailbreak team from distributing or linking the jailbreak procedure, or encouraging others to jailbreak or hack their PS3 or PSN. They've also been ordered to turn over any computers or storage media used to create the jailbreak to Sony's lawyers." Land of the free fail.
Thread beginning with comment 460053
To view parent comment, click here.
To read all comments associated with this story, please click here.
RE: This is ludicrous!
by fran on Fri 28th Jan 2011 17:04 UTC in reply to "This is ludicrous!"
fran
Member since:
2010-08-06

http://www.wired.com/threatlevel/2010/09/first-sale-doctrine/
Excerpt form the wired article:
"The first-sale doctrine of 1909, in its current form, allows the “owner of a particular copy” of a copyrighted work to sell or dispose of his copy without the copyright owner’s authorization. “The first sale doctrine does not apply to a person who possesses a copy of the copyrighted work without owning it, such as a licensee,” the court ruled."

It's all in those last sentence. It has to do with difference in licensee rights
Most software you dont license to resell, modify ect, you only buy the right of usage.
I noticed this in the terms of condition of most software. Dont modify is among them.

PS3 Terms of use
http://www.ps3news.com/forums/playstation-3-news/sonys-ps3-system-s...

Part of the PS3 license agreement

"2. RESTRICTIONS
You may not lease, rent, sublicense, publish, modify, adapt, or translate any portion of the System Software. To the fullest extent permitted by law, you may not reverse engineer, decompile, or disassemble any portion of the System Software, or create any derivative works, or otherwise attempt to create System Software source code from its object code. You may not (i) use any unauthorized, illegal, counterfeit, or modified hardware or software in connection with the System Software, including use of tools to bypass, disable, or circumvent any encryption, security, or authentication mechanism for the PS3™ system; (ii) violate any laws, regulations or statutes, or rights of SCE, its affiliated companies, or third parties in connection with your access to or use of the System Software, including the access, use, or distribution of any software or hardware that you know or should have known to be infringing or pirated; (iii) use any hardware or software to cause the System Software to accept or use unauthorized, illegal, or pirated software or hardware; (iv) obtain the System Software in any manner other than through SCE's authorized distribution methods; or (v) exploit the System Software in any manner other than to use it in your PS3™ system in accordance with the accompanying documentation and with authorized software or hardware, including use of the System Software to design, develop, update, or distribute unauthorized software or hardware for use in connection with the PS3™ system for any reason. Without limiting the scope of SCE's remedies, any violation of these restrictions will void the PS3™ system's warranty and affect your ability to obtain warranty services and repair services from SCE or its affiliated companies."

I'm not saying that i'm in principle against what Geohot did. Enabling "other os" function.
The removal of the other os ability from Sony in my eyes is also a sort of contravention of sales agreement.

Norway consumer's council for instance is looking into this.
http://www.electronista.com/articles/11/01/27/claims.some.updates.a...

It's unfortunate and we dont like it, but as it stand it's the way it is.
When you buy certain things you dont actually "own" it in the true sense of the word.

Reply Parent Score: 2

RE[2]: This is ludicrous!
by Neolander on Sun 30th Jan 2011 14:17 in reply to "RE: This is ludicrous!"
Neolander Member since:
2010-03-08

When you buy certain things you dont actually "own" it in the true sense of the word.

When I buy software in a shop, the vendor doesn't ask me to agree with the EULA or show me said EULA before taking my money.

I discover the EULA when I get back home and put the CD/DVD in my drive. If, at this point, I refuse to accept the EULA, the shop won't take my copy of the software and give me my money back.

Therefore, as far as I'm concerned, EULAs are invalid for every software that is sold in a shop ;)

Edited 2011-01-30 14:21 UTC

Reply Parent Score: 2