phosphor112 said:
Also, I'm tired of arguing with him. He's so quick to dismiss the relevance of the DMCA's rules of what geohot did being illegal when this court case SPECIFICALLY EXISTS because of the DMCA.
It doesn't fucking matter if he calls it "draconian" (and it's stupid at how nonchalant the word "draconian" is used).
Misrepresenting my statements, maybe next you can enthrall us all with the only uses for CFW are for "backups" again. Again, what I HAVE stated is the DMCA also said it was illegal to jailbreak phones. My point has been, just because the DMCA says something is illegal, does not mean the DMCA itself isn't flawed. In fact, it's been proven to be flawed several times. I've asked you specifically if it said jailbreaking phones was illegal, which it does, and says jailbreaking the PS3 is illegal, why are people quick to attack hotz, but even more importantly, fail0verflow, which you've stayed away from.
Sony "could" be damaged from this, but the reality is, THEY ARE. KZ3 torrents are up and running right now and, and guess what, people are playing them, but wouldn't be able to without failOverflow or GeoHot.
Apple "could" be damaged by jailbreaking, but the reality is, THEY ARE. App torrents are up and running and have been from the get go. You're right though, it can't hurt Apple. That is the most ridiculously flawed argument. To say piracy
could hurt one company due to jailbreaking, but it is a non-factor to another.
He consistently compares the iPhone (cell phone) ruling (exemption) to Sony's situation when the only comparison is that both can have proper and improper use of software and both hardware can be bought. Unlike Apple, Sony is dependent of the software sales that the PS3 has. Unlike Sony, Apple makes a huge profit margin on each piece of hardware sold. Apple loses nothing as a platform holder, Sony, on the other hand, does.
Riiiiiiiiiight the only comparison. Nothing about this:
DMCA exemption said:
The fact that the person engaging in jailbreaking is doing so in order to use Apple's firmware on the device that it was designed to operate, which the jailbreaker owns, and to use it for precisely the purpose for which it was designed (but for the fact that it has been modified to run applications not approved by Apple) favors finding that the purpose and character of the use is innocuous at worst and beneficial at best.
Or the fact that both devices must be owned for a jailbreak to be done to them. Let's also ignore that the firmware for both is also offered for free, meaning jailbreaking
canot damage the value because it's free (firmware is free provided with devices as established by DMCA, and the exemption. Not even Apple wanted to debate this). Neither can argue that sales of their device are actually hurt by the jailbreaking:
DMCA exemption said:
Apple responded that unathorized uses diminish the value of the copyrighted works to Apple. However, Apple is not concerned that the practice of jailbreaking will displace sales of its firmware or of iphones; indeed, since one cannot engage in that practice unless one has acquired an iPhone.
Then, you go on to explain how Sony sells its system for a loss and Apple makes money on their system. That is a business choice. Hey, printer companies were selling printers at a lower price because you had to buy ink from said company. They planned on gaining some of the money they would have got from the sale of the printer back when you purchased ink. Then, these terrible hackers broke their security and cartridge chips allowing you to do something they didn't want, use ink that wasn't authorized. Guess we should have supported the printer companies more. After all, they were expecting to make money from that. I wonder who won that issue???
I've explained myself time and time again, but this fucker is so quick to fucking push aside the DMCA in this case when (as I already said) this case is reliant upon.
Mischaracterization of my stance. I have not pushed aside the DMCA, I have called into question the portion of the DMCA saying what has happened here is illegal. You are so quick to pretend the DMCA is, apparently, always right. Even despite the fact that we all KNOW it has been found wrong before.
"But but but, people could die from guns."
Stfu with that irrelevant shit.
I never stated such and your anger with people with a different view than yours seems to continue to stem from your own incorrect belief that the only thing CFW does is allow "backups".
By the way, what geohot did, it is CURRENTLY illegal by the DMCA. It doesn't fucking matter if phone hacking was also illegal at one point in time as well.
Yes, yes it does. The reason it matters is because there are several people going around talking about putting him in jail and how terrible he is because he broke the law. The problem stands, since the DMCA has said both are illegal, aren't the phone jailbreakers just as bad? Either the DMCA is right and continues to be right, meaning jailbreaking of phones should not be allowed, or the DMCA has flaws and they are addressed individually, as they are challenged.
What I, and other consumer rights advocates will have to accept is that Hotz is likely to lose this case. Not because he is necessarily wrong, but because courts don't rule right and wrong, they rule what the law says. Unless they challenge that portion of the DMCA specifically, or the EFF challenges with the Library of Congress, as they did with phones, for an exemption, the court will likely not side with him.
spwolf said:
you keep comparing it to a phone... it is not a phone... why not compare it to PSP? handheld console that is primary made for gaming... i see huge publisher support for it everywhere, games are popping left and right, too many games!
Because the similarities are so...similar! Again, I like how you and phosphor continue to talk about piracy, but when I spell out EXACTLY how Apple would be in the same boat, you just say that doesn't matter. It's like if Apple had no apps, people would just continue to buy the iPhone. BTW, isn't it interesting you don't mention the NDS? I mean, piracy is easily enabled on that handheld too.