Every Friday, the crew at GameFanboys.com will bring you an opinion/analysis article. These are articles that are longer than our normal everyday posts, and are written by either Tom, Mark, or any of our contributors. Feel free to take time over the weekend to read and add comments of your own.
By Mark
In the news the last few weeks have been Sony's attempts to fight back against the hackers who have caused numerous security patches to the PS3 firmware. The most notable of these patches includes the now-infamous taking away of the Other OS feature in older "Fat" PS3s that allowed Linux to run on the system. Readers may recall that gamers (mostly people who wanted to run emulators on their PS3) were in an uproar that Sony would take away a feature that had been implemented in their consoles.
Though their anger may have been slightly misguided - the people who yelled the loudest on message boards primarily used that function to hack their PS3 - it wasn't without valid arguments. One of the most notable being Sony failing to deliver on its earlier promise of an open system; a system in which programmers found a haven to run an operating system that could tap some of the potential of the PS3's computing power. After all, Yellow Dog Linux - a company that produces a version of the Linux operating system - had a contract with Sony in which they provided customers with PS3 systems with Linux already installed. While the contract most likely ran out once the PS3 Slim units hit store shelves, I'm sure YDL never saw Sony retroactively take away the OtherOS feature, and have them lose a customer base. The feature itself was touted by Sony as a business model, which had suddenly evaporated with GeoHot's (George Hotz) newfound ability to bypass the PS3 security partition via the OtherOS.
People were understanding of Sony removing the feature in the newer line of consoles, since many felt it was alright to remove it just from the production line, but retroactively taking something away was a gigantic no-no. While genuine programmers didn't feel a lot of the sting from the update last year (it was, after all, an "optional" update), gamers who wanted to have their cake and eat it too were upset, including myself. Some put the blame on GeoHot for his publishing of the work-around, while the majority blamed Sony, and even tried to sue them - the attempt failed in California court.
Now, another round of Sony v. Pirates has started. Back in November and into December, a group of hackers known as fail0verflow publicized a major PS3 flaw in the way it creates security keys. Days later, GeoHot released the system's master key on his blog, which subsequently allowed people to run unauthorized software on their consoles, including pirated games, homebrew programs, and even custom firmware. While the general response from the public was that of "victory over the corporate duchebags", something momentous happened which hasn't happened in the gaming world in recent memory - Sony filed a lawsuit accusing both failOverflow and GeoHot of breach of contract, tortuous interference with contractual relations, trespassing, common law misappropriation, and violating the Digital Millennium Copyright Act, the Computer Fraud and Abuse Act, the Copyright Act, and the California Comprehensive Computer Data Access and Fraud Act. Yes, that is a mouthful.
Earlier this week, Sony did manage to get a temporary restraining order preventing GeoHot of hacking further consoles and publishing his results. To add teeth to the mix, GeoHot must now turn over his computers, hard drives, and all other storage materials related to Sony's legal team within 10 business days. This is a serious step for Sony's war against GeoHot and pirating in general. A precedant has now been set for a major electronics company to file suit and charge an individual with breach of contract due to the fact he took his own legally obtained device and hacked it. An underlying implication can also be found here - just because George Hotz did not specifically engage in pirating activities, he provided a blueprint for how it can be done to the outside community. This alone is enough for a company to confiscate his property in an effort to shut him down in the name against piracy.
With all of this, it begs the question, has Sony and the courts crossed a line? It may seem like a simple yes or no question, but this question is being played out on forums and message boards all over the internet. While this story may not make any headlines in papers, it sends a shock wave towards the pirating and hacking community. Remember that PSP that you hacked (and possibly bricked) trying to run a homebrew emulation of Phantasy Star? You definitely violated the DRM Agreement and may be the subject of litigation if you ever published a how-to.
It's important, because a simple Google search for "Homebrew PSP" or "PS3 Emluation" will yield many websites that give people a how-to guide into hacking their favorite Sony consoles. It may not even be a Sony console for that matter, as Microsoft has also been the target of piracy and hackers as well. Could they face similar litigation, or are they small potatoes compared to the likes of a failOverflow and GeoHot? Did Sony invite trouble unto themselves with the original inclusion of the OtherOS functionality and the creation of an open platform, or are they just the victims of a society that is never satisfied with what they are given, or one that seeks to stick it to big business?
Personally, I do feel that GeoHot and failOverflow should get what's coming to them. It's people like them which spurned Sony to remove a feature from their system which I enjoyed using. They are also the reason why Steam (and all it's annoying authentication and DRM) was invented for PC games in the first place. People need to understand that actions have consequences, and their actions may have resulted in developers and publishers losing a lot of money to pirates and hackers. PC game developers sure feel their pain, and I'm sure many a PC programmer turned to consoles due to the rampant piracy on computers thinking they would find a safer haven. Alas, greed has been the downfall of many things.
As for the other questions, they are all up in the air to me. I will say this however: While I see the world as having many shades of grey with questions involving morality, choice, and legality, I do understand there to be absolute truths - absolute right and wrong - when it involves personal choice and responsibility to yourself and others. While GeoHot and failOverflow may not participate in piracy and hacking directly, their very actions allow for that type of black market business to not just exist, but flourish. To trump your exploits - which are very much illegal no matter what angle they are viewed from - in an online world where anonymity is becoming less and less prevalent is not only the epitome of stupid, but also an insight into the mind of something akin to a criminal.
George Hotz is now forced to hand over all of his PC and PS3 hardware to authorities who have determined that his actions on his own time, performed on something he obtained legally, perpetrate an illegal trade that costs businesses millions every year. Good for Sony to stand up to their digital rights; however, is this simply nothing more than a show of force, a pushback against an illegal industry, or is this the beginning of a journey down a slippery slope?
Only time - and a judge's ruling - will tell.
Vae Victas!
Source: Gamespot
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