sony and geohot in the same boat

Discussion in 'User Submitted News' started by chrisrlink, Feb 22, 2011.

  1. chrisrlink
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    chrisrlink your friendly neighborhood serial killer

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    For those wondering what's been happening with the OtherOS lawsuit... Sony Computer Entertainment America (SCEA) filed a motion to dismiss. The court granted the motion but only partially. It has dismissed all claims against Sony except for one... the allegation that SCEA violated the Computer Fraud and Abuse Act. This means Geohot and Sony are now both charged with the same thing in separate cases!

    Quote:
    The claims against Sony in the ongoing class-action lawsuit dealing with the removal of the "OtherOS" functionality in the PlayStation 3 hardware have all been dropped, save for one: a claim that Sony violated the Computer Fraud and Abuse Act by removing the ability to run Linux. This is the same law under which Sony is suing George Hotz for hacking the PS3, in fact.

    One of Sony's defenses is rather interesting, as the company claims that it had no way of knowing gamers who bought the hardware would want to use these functions for the life of the system, and the multiple warranties and Terms of Service all said that Sony had the right to remove functions from the hardware. From the court documents filed by Sony:

    To establish the implied warranty of fitness existed, Plaintiffs must allege that SCEA had “reason to know” of their special purpose, i.e., to use the PS3 in perpetuity for all advertised features and functions including the Other OS; that Plaintiffs relied on SCEA’s expertise; and that SCEA had “reason to know” of their reliance on the continued availability of all features and functions. Plaintiffs have not only failed to allege these requisite facts, they indeed cannot due to the explicit language of SCEA’s Warranty, SSLA, and Terms of Service. Specifically, because SCEA had the right to terminate or alter any feature or function, it had no reason to believe that Plaintiffs purchased their PS3s particularly with the expectation and belief that all features, including the Other OS, would be available for the “life” of the PS3.

    Sony is arguing that your system needs to keep all the features it was sold with for the length of its warranty, and then after that time, removal of any function is fair game. "I think the problem is that in order to accept the notion that Sony made an unauthorized intrusion onto the plaintiffs' PS3s, you have to start with the assumption that what was 'disabled' was something that the plaintiffs had an ownership interest in..." Sony's laywer argued.

    He continued, saying that gamers had a choice. "We're talking about if you are so interested in keeping this one feature, then you're not going to be able to access the PSN anymore. You may not be able to play some games. But that is not hacking into somebody's computer, which is the essence of the [Computer Fraud and Abuse Act]." This isn't a matter of accepting or declining a software update, it's the problem of Sony placing consumers in a position where they lose functionality no matter what they do. That may be a tough sell to the court.

    Groklaw has a great article on the entirety of the court case, and we urge you to read it. The ins and outs of this case deal with much more than gaming consoles and Linux, and go into the idea of a warranty, and what's expected of modern electronics. We'll continue to follow the story as it develops. source
     


  2. STFU1

    STFU1 Banned

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    But geohot doesn't spend millions on lawyers. That's the difference... [​IMG]
     
  3. KingVamp

    KingVamp Great... AETHER!

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    If this is true, then length to it warranty is crazy! They can pretty much take everything away if I reading
    properly. So we to assume all phats were pass there warranty?

    They going try this on NGP. :/
     
  4. Law

    Law rip ninjacat that zarcon made me

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    Sony will actually come to your house, take your NGP right out of your hands and forcibly remove the screen, buttons, and other doodads and leave you with an empty shell.
     
  5. Fishaman P

    Fishaman P Speedrunner

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    You could at least try to format it correctly.
     
  6. Maedhros

    Maedhros GBAtemp Advanced Fan

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    They'll have to take mine by force.

    *loads shotgun*
     
  7. DrOctapu

    DrOctapu Magnificent Bastard

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    Hell.
    AWESOME.
    Table's turned.
     
  8. chrisrlink
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    chrisrlink your friendly neighborhood serial killer

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    @ fisha sorry i thought someone would post it before me they say i dont contribute to temp so i proved them wrong
     
  9. GameWinner

    GameWinner Take your heart

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    *Narrator
    What a shocking turn of events!
    What will Sony and Geohot do next?
    Find out on the next episode of COURT!
     
  10. Rock Raiyu

    Rock Raiyu Clock Up

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    Good luck Sony, you're going to need it~
     
  11. ShadowSoldier

    ShadowSoldier GBAtemp Guru

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    THAT'S SUPPOSED TO BE A CHOICE?! That just sounds like getting butt fucked by a fat sweaty dude who hasn't showered in 2 months, or getting butt fucked by a fat sweaty dude who hasn't showered in 3 months.

    Fuck you Sony. You deserve this.
     
  12. raybattousai

    raybattousai GBAtemp Regular

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    I read that in the voice of the Narrator from DBZ [​IMG]
     
  13. Joktan

    Joktan GBAtemp Advanced Fan

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    I hope sony losses this lawsuit!I cant wait to see what comes next!
     
  14. ZeroGwafa

    ZeroGwafa Member

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  15. KingVamp

    KingVamp Great... AETHER!

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  16. godreborn

    godreborn GBAtemp Addict

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    well, those millions rn't doing them a lot of good considering that sony has become a laughing stock with their ridiculous motions. I want to see sony go down in flames like the hindenburg.
     
  17. MEGAMANTROTSKY

    MEGAMANTROTSKY GBAtemp Fan

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    +1 for truth.
     
  18. 8BitWalugi

    8BitWalugi Taiyohhhhhh!

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    I read that in the G-Gundam Narrator voice. [​IMG]
     
  19. Maedhros

    Maedhros GBAtemp Advanced Fan

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    Is this even news?
     
  20. BloodyFlame

    BloodyFlame GBAtemp Fan

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    News are reports about what happened recently. I think this counts as something that happened recently.