The above video goes away if you are logged in!

Page 1 of 2 1 2 LastLast
Results 1 to 10 of 12
  1. #1
    Pirate's Avatar
    Join Date
    Feb 2007
    Posts
    7,654
    Likes
    376
    Liked 8,954 Times in 1,469 Posts
    Mentioned
    997 Post(s)
    Tagged
    0 Thread(s)
    Feedback Score
    7 (100%)
    Downloads
    318
    Uploads
    231

    5 reasons why PSJailbreak could win in court and why Sony will lose even if they win

    The following article was posted over at Maxconsole on "5 reasons why PSJailbreak could win in court and why Sony will lose even if they win". The new court date has been set to September 3rd @ 10 AM.

    To quote:
    With the court case pertaining to PSJailbreak being delayed until September 3rd, Maxconsole has taken the time to reflect on possible reasons why the device could very well triumph in court. Few people are truly optimistic that this device could win against the brains of the costly Sony legal team, although we have reason to believe otherwise. Moreover, regardless of the result, Sony would have actually lost from a market-perspective as explained below.

    First things first, these are the possible arguments that PSJailbreak retailers could exercise:

    No copyright code upon shipping ? The makers have allegedly claimed that the device contains no copyright code upon shipping. If true, this means that the device is actually legal in its original form without consideration to the intent of the device.

    Even Sony knows people want and value homebrew ? To a number of pessimists, the ?homebrew? argument is flawed because a lot of people will use such a device for piracy. However, one must question that if homebrew was such a limited occurrence, why did Sony included OtherOS functionality on the PS3 as standard?

    Reinstating OtherOS ? As many of you are aware, OtherOS was part of the core-feature set of early PS3?s. However, since Geohot?s various claims, Sony backtracked and removed the OtherOS functionality. This actually restricted the freedom that users have on their PS3 console. With PSJailbreak, the makers can rightfully arguing that they are trying to re-instate a similar function to what Sony initially offered.

    Only allows you to play back-ups of disc you possess ? The PSJailbreak only allows users to backup game discs that they already own. It has not been designed for use with ?internet ISO?s? at the moment. Yes there are a lot of possible ramifications as this, such as users ?copying? friends discs and rented discs, although the fact remains the device is doing it all can to ensure legitimate back-up use. Discs can become lost, scratched and so forth, why shouldn?t users be allowed to install games to HDD? The benefits of HDD installs are also recognized by console manufacturers themselves despite needing the disc for verification. It is a known fact that smoother experiences await, even the producer of GT 5 revealed this himself recently.

    The PS3 has no problem copying illegally downloaded movies to HDD - For video files, including the highly pirated DivX format, the PS3 allows owners to install and copy films directly to the hard drive. These movies can be illegally downloaded and include some of the hottest blockbusters. Would it be fair if the movie industry ?banned? the PS3 because it allows people to copy and playback downloaded movie files? Of course it wouldn?t, although the PS3 does allow this. Ultimately, it is the end user who decides the most reasonable course of action with a codec or software. Some will legitimately copy their games to HDD; some will legitimately run homebrew, why should these people be punished because of the fears of game piracy?

    Over-riding all the above, is the ability of the defendants to create a compelling and reasoned argument. All evidence surrounding PSJailbreak has been fixated upon ?backups? with little else to show thus far.

    Whatever the result, it's still a lose-lose situation for Sony

    Although, whatever the outcome, it does seem like a lose-lose situation for Sony. PSJailbreak is ?out there? and being cloned, people will figure out how to update it. Despite all the ?reports?, Sony must really ask themselves if they are fanning the flames and bringing validity to something which was always intended to stay ?underground?. Those purchasers of PSJailbreak who intend to be pirates are not the kind of customer who would NEVER put a penny in the pocket of software developers (we don't care what b***** estimates by researchers state). Just because the pirate may have 50 games on his HDD, it doesn?t mean that he ever intended to purchase more than 1 or 2 of those if any. At least this way, Sony is making money off of potential PS3 hardware sales spurred by PSJailbreak. It still isn?t right, although the Xbox 360 seems to be doing pretty well for itself despite its piratability (my new word). MS has done the right thing in keeping their head down and fighting back with their technical know-how, making things as uncomfortable as possible for pirates so that they actually think twice about whether the pain is worth the pleasure.



    The way Sony is handling the situation is evidently poor. Everywhere you look the mainstream is talking about PSJailbreak, Sony read the headlines and sh*t themselves un-necessarily. Trade publications, news corporations amongst others are now regularly talking about something that was previously considered for the ?scene only?. Sony?s constant involvement in this is just making it higher profile and raising awareness about the possibility to hack the PS3. A cloned solution will come, a free solution will come and Sony would have just been sucked in and played a part potentially building up a mainstream legion of pirates.

    Everything so far seems to be a poorly thought knee-jerk reaction; the sudden removal of OtherOS and they way they are acting right now just goes to show how they have limited faith in their technical abilities. Unfortunately for them, their technical abilities will be needed more than ever for the cat and mouse game that is about to ensue.
    [VIA]

  2. The Following User Likes This Post:


  3. #2
    Member
    Join Date
    Aug 2008
    Posts
    160
    Likes
    6
    Liked 4 Times in 4 Posts
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Feedback Score
    0
    Downloads
    61
    Uploads
    0
    Sony will lose, but we will lose a lot more if this Dongle won't be allowed to sell, I don't have in mind Games Backuping, homebrews can really revive PS3.

  4. #3
    Member rainrix's Avatar
    Join Date
    Jan 2009
    Posts
    177
    Likes
    1
    Liked 6 Times in 6 Posts
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Feedback Score
    0
    Downloads
    23
    Uploads
    0
    I think PSjailbreak is more worried by the recent cloning than from Sony.

  5. #4
    Member null
    Join Date
    Aug 2010
    Posts
    36
    Likes
    0
    Liked 0 Times in 0 Posts
    Mentioned
    1 Post(s)
    Tagged
    0 Thread(s)
    Feedback Score
    0
    Downloads
    24
    Uploads
    0

    hmm

    Aaargh I watch evry day to look if there is something like free jailbrake or all games backup or ntfs hdd. I want to use my ps3 now its only collecting dust. (yes i am poor cant buy games) hope some awesome homebrews r coming out as well.

  6. #5
    Member
    Join Date
    Aug 2010
    Posts
    57
    Likes
    76
    Liked 6 Times in 4 Posts
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Feedback Score
    0
    Downloads
    3
    Uploads
    0
    Quote Originally Posted by Brutalrage View Post
    Aaargh I watch evry day to look if there is something like free jailbrake or all games backup or ntfs hdd. I want to use my ps3 now its only collecting dust. (yes i am poor cant buy games) hope some awesome homebrews r coming out as well.
    I'm in the same position, but I don't really care for homebrew apps/games (except the case where they're sexual related, like virtual sex adventure, action games, etc.)...
    If I were rich enough, I wouldn't mind purchasing some games, maybe this is why I'll never be. Or not.
























    :thefinger:
    Please make a remix of the following:
    YouTube - PS3 KaKaroto Downgrade 3.55 CFW Geohot Homebrew #ps3dev
    YouTube - Stop (Blue Mix) - Ghost K - LYRICS IN DESCRIPTION

  7. #6
    Senior Member japsander's Avatar
    Join Date
    Jun 2009
    Location
    balls deep in gregoryrasputin
    Posts
    7,715
    Likes
    2,870
    Liked 5,298 Times in 2,562 Posts
    Mentioned
    377 Post(s)
    Tagged
    1 Thread(s)
    Feedback Score
    0
    Downloads
    52
    Uploads
    0
    Quote Originally Posted by rainrix View Post
    I think PSjailbreak is more worried by the recent cloning than from Sony.
    probably not to be honest,
    by now they will most likely have all the orders theyre going to get from bulk buyers and at the price they charge per unit compared to the claimed price of clones which are around 2-3 times cheaper the clones would have to sell 2-3 times as many just to catch up cash wise.

    i think that as a show of good faith if ozmods and the other retailers win their case they should send sony a little gift as a gesture of goodwill.
    maybe a psjb with a jar of KY jelly and a little instruction booklet on how to insert it into the required slot! :thefinger:

  8. #7
    Apprentice
    Join Date
    Aug 2010
    Location
    U.K
    Posts
    8
    Likes
    0
    Liked 0 Times in 0 Posts
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Feedback Score
    0
    Downloads
    6
    Uploads
    0
    Honesty's to say, sony are now well and truly ****ed.
    ************* [ - Post Merged - ] *************
    And to add, It is only weeks, possibly days till we have success with the Teensy board and the much cheaper jailberak, like 24 dollars thanks to math, the dev.

  9. #8
    Senior Member Pockets69's Avatar
    Join Date
    Jan 2008
    Location
    Lisbon, Portugal
    Posts
    6,670
    Likes
    2,086
    Liked 2,448 Times in 1,388 Posts
    Mentioned
    152 Post(s)
    Tagged
    0 Thread(s)
    Feedback Score
    0
    Downloads
    120
    Uploads
    0
    Nice article with some valid points, psjailbreak strategy on court should be not mentioning the word Backup at all times, this is the way to convince a jury of the validity of the device and their propose to build it, I don't know how the courts work in Australia, but if its anything like the US and they have to convince the jury, it won't be that hard, these are normal people that know nothing or at least very little about technology.
    if they can explain to them that for the dongle itself to be illegal it would have to have sony code inside, show them proof that it doesn't and sony can't do anything (OZ mods got to ask some collaboration from the psjailbreak devs).
    Mentioning the ability to have homebrew like in the article, if sony didn't want us to have homebrew why would they allow us to have an otherOS in the first place???
    As the article says they removed homebrew, well they can say they are now trying to back a feature that many of the people paid for and got removed, by sonys selfish acts, and that is why sony has a bunch of court orders (i don't know if that is the correct word for it) to bring back the otherOS feature that people paid for.
    As i said its not a good startegy to mention backups, but using some of this arguments, Oz mods can win the jury easly!

    <eussNL> judge: ´so why did you torrent 5 million AVI of women moaning´
    <eussNL> <TizzyT> i dont judge if it sounds good i listen

  10. #9
    Apprentice
    Join Date
    Sep 2009
    Posts
    24
    Likes
    0
    Liked 2 Times in 1 Post
    Mentioned
    0 Post(s)
    Tagged
    0 Thread(s)
    Feedback Score
    0
    Downloads
    48
    Uploads
    0
    i cant wait for a really cheap priced version!
    its hard to buy games when ur parents dont buy you games, and you have a ****ing paper route with a bunch of cheap skates who dont pay

  11. #10

    Join Date
    Aug 2008
    Location
    Plymouth, England
    Posts
    2,260
    Likes
    559
    Liked 942 Times in 593 Posts
    Mentioned
    153 Post(s)
    Tagged
    0 Thread(s)
    Feedback Score
    5 (100%)
    Downloads
    62
    Uploads
    0
    Quote Originally Posted by aj2912 View Post
    i cant wait for a really cheap priced version!
    its hard to buy games when ur parents dont buy you games, and you have a ****ing paper route with a bunch of cheap skates who dont pay
    So in your eyes, that means being a cheap skate like the customers on your paper route; and not paying for your games is justified? I truly hope that you and anyone else with you thinking realizes that what you have in mind can kill a great console. Everyone complains about the quality of games found on the PSP, but I wonder if it hadn't been a victim of piracy, would the selection be as bad? I think it would have been alot better honestly. Game publishers only invest time in consoles that have a history of generating good sales. This is why the PS3 has had so many good games so far. Don't kill it now.

  12. The Following User Likes This Post:


Page 1 of 2 1 2 LastLast

Bookmarks

Bookmarks
  • Submit to Digg Digg
  • Submit to del.icio.us del.icio.us
  • Submit to StumbleUpon StumbleUpon
  • Submit to Google Google

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •