Legalities of actions... - PS3Hax Network

darkcyde · 05-09-2012

Hi all - new to the forum, so hello!!

I had a question regarding the legalities of what Sony deem what is acceptable and not acceptable actions with the PS3. I've googled and googled but not found a definitive answer.

I understand that it's not actually illegal to Jailbreak a PS3 or use homebrew apps, but it is illegal to play pirated games on a Jailbroken PS3.

Also, it is illegal to install CFWs on a PS3, but not illegal to install OFWs, obviously?

How about downgrading PS3s? Legal to downgrade but illegal to install CFW, but what about downgrading and installing OFWs?

More pointedly, is it actually illegal to downgrade a PS3, from OFW 4.11 for example to OFW 3.55 using something like an E3 Flasher?

I understand that at any point Sony could suddenly decide they don't like what someone is doing with 'their' hardware and deem it illegal and have their Nazi squad bash down your front door, take away your PS3s, PC, oven and pet dog (for interrogation as an eyewitness to the crimes, of course)!

DEFAULTDNB · 05-09-2012

Originally Posted by darkcyde

is it illegal to play pirated games on a Jailbroken PS3?

Derp! I think that is EXTREMELY obvious to answer. Sony don't facilitate any method to play even LEGIT backups on your PS3 so why would PIRATED copies be any different?!

Downgrading shouldn't technically be illegal, although in order to do so you must circumvent the PS3 security (via dongle/QA flag/token/combo hack) I highly doubt you could go to prison for it as an end user. (Correct me if I'm wrong)

Downgrading via a flasher shouldn't be "illegal" either but you instantly void your warranty opening it up and messing with it.

Things that ARE illegal are things that "steal" from others e.g. pirated games and software.

darkcyde · 05-09-2012

Originally Posted by DEFAULTDNB

Derp!

[/10 chars]

Sorry, got my it's and is's round the wrong way.....made me sound like a complete twonk! Sorry!

Benzonia · 05-09-2012

Originally Posted by DEFAULTDNB

Derp! I think that is EXTREMELY obvious to answer.

Is it though? I could think of a few hypotheticals that might not be so clear. What if one of my law-abiding friends came over one afternoon and played a multiplayer pirated game with me on my jailbroken PS3? Could he be prosecuted for that one act? Or how about me buying a second-hand PS3 that came on CFW with a pirated PSN game pre-installed. If I play it just once, without knowing it was pirated at all, and then I delete it because it sucks, did I still break the law?

(btw I don't mean to derail this thread, so I'll happily drop the issue at OP's request)

DEFAULTDNB · 05-09-2012

That's a slippery slope. I'm sure negligence could be played by either party, but the bigger party (Sony) would win.

Your friend didn't own it, so its nothing to do with him.

darkcyde · 05-09-2012

I'm quite happy for any discussions regarding the legalities of anything to do with the PS3 and the Nazi Party that is known as Sony! ;-) As long as my original question doesn't get lost in the mix that is, of course!

I think regarding playing someone elses illegal hardware/software, you could pretty much claim plausible deniability - but then if your friend came round and picked you up in a car that he has stolen, regardless of whether you were aware or not you can still be prosecuted for joyriding (i believe anyway).

I think the main thing I'm asking really is it illegal to do the reverse of what Sony encourage you to do every day (or so its seems right now).

hellsing9 · 05-09-2012

Moved to offtopic.

darkcyde · 05-09-2012

Originally Posted by hellsing9

Moved to offtopic.

Why has this been moved to Off-topic from PS3 Downgrading and Flashing, when I'm asking about the legalities of downgrading and flashing?? I thought I had the forum section spot on!!

hellsing9 · 05-09-2012

Because this issue with $ony and legal actions were discussed more than 40 times.
I understand your point of view, but it's better to be here.

Ubefuct · 05-09-2012

Laws are different all over. As I believe your allowed to have "backups", so long as you own the game. Hence backup. Discs get scratched and unplayable after awhile. You pay to have rights to play the game, not the plastic disc. As it falls under digital content the law should follow the same rules set by CDs. (you're allowed to make mp3 copies of your music, so long as you are not sharing them)

Sony should have a backup option. Something like register your ps3 and game (with cdkey like PC) to play discless(they do it for psn games)

05-09-2012	#1
darkcyde Apprentice Join Date: May 2012 Posts: 4 Likes: 0 Liked 1 Time in 1 Post Mentioned: 0 Post(s) Tagged: 0 Thread(s)	Legalities of actions... Hi all - new to the forum, so hello!! I had a question regarding the legalities of what Sony deem what is acceptable and not acceptable actions with the PS3. I've googled and googled but not found a definitive answer. I understand that it's not actually illegal to Jailbreak a PS3 or use homebrew apps, but it is illegal to play pirated games on a Jailbroken PS3. Also, it is illegal to install CFWs on a PS3, but not illegal to install OFWs, obviously? How about downgrading PS3s? Legal to downgrade but illegal to install CFW, but what about downgrading and installing OFWs? More pointedly, is it actually illegal to downgrade a PS3, from OFW 4.11 for example to OFW 3.55 using something like an E3 Flasher? I understand that at any point Sony could suddenly decide they don't like what someone is doing with 'their' hardware and deem it illegal and have their Nazi squad bash down your front door, take away your PS3s, PC, oven and pet dog (for interrogation as an eyewitness to the crimes, of course)! Last edited by darkcyde; 05-09-2012 at 09:42 AM.

05-09-2012	#5
DEFAULTDNB Join Date: Mar 2012 Posts: 8,948 Likes: 6,265 Liked 3,837 Times in 2,493 Posts Mentioned: 950 Post(s) Tagged: 0 Thread(s)	That's a slippery slope. I'm sure negligence could be played by either party, but the bigger party (Sony) would win. Your friend didn't own it, so its nothing to do with him. __________________ ★STATUS★MINVERCHK★DOWNGRADE★JAILBREAK★SKU's★ ★PPC+MD5★QUICK SWAP FW★MULTIMAN★IRISMANAGER★

05-09-2012	#7
hellsing9 Hired Gun Join Date: May 2011 Posts: 6,770 Likes: 2,560 Liked 3,299 Times in 1,833 Posts Mentioned: 978 Post(s) Tagged: 1 Thread(s)	Moved to offtopic. __________________ Check Blacklist of FAKE devs Check Whitelist of TRUSTED devs Tutorial : DEX conversion (TEST-DEBUG) One thread with all DEX information published so far. One thread with PS3 LV0 keys, CFW'S and many more. PS3devwiki your number 1 source. Check it. Console ID's Market Warning thread PS3 Ban, CFW, Unban. How to avoid it.

05-09-2012	#9
hellsing9 Hired Gun Join Date: May 2011 Posts: 6,770 Likes: 2,560 Liked 3,299 Times in 1,833 Posts Mentioned: 978 Post(s) Tagged: 1 Thread(s)	Because this issue with $ony and legal actions were discussed more than 40 times. I understand your point of view, but it's better to be here. __________________ Check Blacklist of FAKE devs Check Whitelist of TRUSTED devs Tutorial : DEX conversion (TEST-DEBUG) One thread with all DEX information published so far. One thread with PS3 LV0 keys, CFW'S and many more. PS3devwiki your number 1 source. Check it. Console ID's Market Warning thread PS3 Ban, CFW, Unban. How to avoid it.

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Legalities of actions...

05-09-2012	#10
Ubefuct Member Join Date: Aug 2011 Location: at my computer Posts: 460 Likes: 186 Liked 246 Times in 137 Posts Mentioned: 26 Post(s) Tagged: 0 Thread(s)	Laws are different all over. As I believe your allowed to have "backups", so long as you own the game. Hence backup. Discs get scratched and unplayable after awhile. You pay to have rights to play the game, not the plastic disc. As it falls under digital content the law should follow the same rules set by CDs. (you're allowed to make mp3 copies of your music, so long as you are not sharing them) Sony should have a backup option. Something like register your ps3 and game (with cdkey like PC) to play discless(they do it for psn games)

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