NullPointer said:
Your argument is a good one, and I can't debate you in legalese, but in expectation.
When people think of phones, they think of a device capable of making calls, completely decoupled from any particular service provider. Jailbreaking a phone to detach it from AT&T or some other provider seems like a reasonable request considering how we've used phones historically.
Don't continue to let people fool you into the idea that the ATT monopoly was the reason for the exemption. It was not, but was merely a
minor point in the whole issue. More like all of these other things AND monopoly just to throw one on top. If you look at the exemption, the monopoly is such a minor point in the reasoning. Fair use was the major point and addressed in several different ways.
Playing console games is the opposite. We've come to expect to buy Nintendo hardware to play Nintendo games, Sony hardware for Playstation games, etc. The software is specifically designed or adjusted to fit on that hardware. There isn't an expectation that a PS3 will play games not designed for the platform, so the motives aren't so clear for cracking the platform.
That's a flawed argument because a lot of homebrew would be designed specifically for the PS3. Furthermore, just because it would be available for possibly another device, does not mean it didn't have to be recoded specifically for the PS3. That's kind of like saying if Apple denied the COD game from the iPhone, it's ok because you could get it on another device.
Raist said:
So, you paid for linux support and Sony removing it without giving you a compensation was an insult to your consumers rights, but the FW is free?
First, you paid for a device which includes firmware for free. If you want to argue that you own the device, but not the software, this is not debatable. The firmware is always free, so no idea why you would try to debate this.
Also, people keep getting hung up on removing a feature. It does not matter if they removed a feature or not, the idea of removing a feature just gives more reason for fair use. Apple never removed a feature, what they did do is have a closed system in which they determined what would be allowed to run on a device you owned.