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Sony v. Hotz: Sony Sends a Dangerous Message to Researchers -- and Its Customers
Renegade:
From what I can tell it looks very unlikely that Sony will win this lawsuit. The judge(s?) is/are already questioning/denying certain requests and [insert proper legal terms here] by Sony. Such as whether or not the court actually has jurisdiction on this case in California.
-Deozaan (January 22, 2011, 05:27 AM)
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I hope you're right.
Deozaan:
George Hotz's lawyer(s) move for dismissal:
In the present case, Sony cannot demonstrate that Mr. Hotz?s activity could even arguably be construed as expressly aimed at California. To the contrary, the sole alleged tortious activity alleged in this action involves Mr. Hotz-- who is located in New Jersey-- purportedly improperly accessing portions of his own Playstation Computer-- which is also located in New Jersey. Sony's primary allegation is that Mr. Hotz violated the circumvention provisions of the Digital Millennium Copyright Act (“DMCA”) by allegedly circumventing control access to the Playstation Computer. Sony also includes various other inexplicable claims for good measure, including Mr. Hotz violating the Computer Fraud and Abuse Act and the California Computer Crime Law for allegedly "exceeding access" to Mr. Hotz's very own Playstation Computer, as well as for Mr. Hotz purportedly "trespassing" on the very Playstation Computer he lawfully purchased and owns. Sony also alleges that, by engaging in such conduct, Mr. Hotz has breached the PSN TOS (which is actually not applicable to Mr. Hotz as demonstrated above). Nonetheless, this suit centers around the allegation that Mr. Hotz improperly accessed portions of his Playstation Computer.-http://psgroove.com/content.php?691-Geohot-s-Lawyers-Move-For-Dismissal-Sony-s-Response
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Carol Haynes:
I sure hope laws like that never make it here to europe.
-Eóin (January 21, 2011, 09:20 PM)
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Remember, this is only Sony's interpretation of what they want the law to mean. It's not actually the law unless a court agrees with their interpretation. ;)
-app103 (January 22, 2011, 01:30 AM)
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They have already - it is illegal in the UK to buy or have access to any software that CAN be used to circumvent copyright protection. You don't have to use the software to actually do that.
This means that technically you could face criminal charges for owning a software debugger because it could be potentially used (as one part of a toolkit) to work out how copyright protection works.
Presumably it also means it is illegal to use software to allow you to rip certain copyright protected CDs to media players because it has to circumvent the protection.
The Sony Rootkit debacle was an example of software protected in law in the UK. Technically once you have inserted an offending Sony audio CD if you remove the rootkit from your computer (or even attempt to and don't succeed) you are guilty of a criminal act - even though you never installed it, asked for it to be installed, or agreed to any license to allow its installation and that it effectively acted as a virus subverting the normal running of your computer. Presumably if you look for instructions on the internet on how to remove the rootkit and download those instructions to your computer but never actually use them then you are also breaking the law.
It strikes me as madness that UK law is now designed to favour foreign corporations over the thoughts of its own people. Brave New World is here - and has been for some time.
Renegade:
They have already -*1* it is illegal in the UK to buy or have access to any software that CAN be used to circumvent copyright protection. You don't have to use the software to actually do that.
This means that technically *2* you could face criminal charges for owning a software debugger because it could be potentially used (as one part of a toolkit) to work out how copyright protection works.
Presumably it also means it is illegal to use software to allow you to rip certain copyright protected CDs to media players because it has to circumvent the protection.
The Sony Rootkit debacle was an example of software protected in law in the UK. Technically once you have inserted an offending Sony audio CD *3* if you remove the rootkit from your computer (or even attempt to and don't succeed) you are guilty of a criminal act - even though you never installed it, asked for it to be installed, or agreed to any license to allow its installation and that it effectively acted as a virus subverting the normal running of your computer. Presumably if you look for instructions on the internet on how to remove the rootkit and download those instructions to your computer but never actually use them then you are also breaking the law.
It strikes me as madness that UK law is now designed to favour foreign corporations over the thoughts of its own people. *4* Brave New World is here - and has been for some time.
-Carol Haynes (January 25, 2011, 01:12 PM)
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AAARRRGGGHHH~~~!!!
Had to scream... That stuff drives me nuts.
*1* That's a moronic law.
*2* And there's one reason why.
*3* Next we'll have virus authors suing anti-virus vendors, and people that use anti-virus software thrown in prison...
*4* You're so right. And it's a shame. Laws now seem to be designed to make EVERYONE a criminal so that ANYONE can be thrown in prison at any time.
Just so I'm clear on the topic...
AAARRRGGGHHH~~~!!!
+1 Carol!
Carol Haynes:
Just listening to the news - UK government promised when it came into power to remove the 'detention' laws currently in force in the UK.
All they seem to have done is put a limit of 2 years on it and relaxed the use of the internet for detainees.
This is a law that allows the UK government to put anyone they like under house arrest without charge or even saying why they are being charged.
Doesn't democracy give a warm glow!
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