[FSF Associate Member]

Friday, January 21, 2011

Sony Vs. Hotz lawsuit!

I have known for a while now that Sony has prevented people from running GNU/Linux or any other "untrusted" software. About a week ago, I watched a video on the net about a group of hackers who had managed to install GNU/Linux on the PS3. As I understand it, every program is digitally signed by Sony using private keys to verify that the program is authorized. What the group of hackers did was to find a way to use these keys to digitally sign "unauthorized" software, including GNU/Linux. What this means is with this hack, users of PS3's can run GNU/Linux on their systems again! Just a few years ago, users of the PS3 could install GNU/Linux on their system in a hyper-visor mode, like a virtual machine. When Sony released a firmware update back in 2007 I think, this feature was disabled! This angered many in the GNU/Linux and hacker community.

Sony is using the "Digital Millennium Copyright Act" and the "Computer Fraud and Abuse Act" as the basis for the lawsuit. According to Sony, users do not have the right to modify their own property! A more frightening idea is that Sony actually believes that they retain ownership rights of their products, even after it has been sold! This is the ideology that Sony is portraying in this lawsuit!

If Sony wins the lawsuit, they would be setting the precedent that any and all hardware manufacturers can and should control the usage of their product and that they retain all legal ownership of their products! This should not be! The users of the product should retain any and all ownership rights to the product they bought. This idea of companies retaining control and ownership of their products is similar in many ways to "imminent domain", both being wrong and immoral!

Lets imagine for a minute that Hewlett Packard decided to sue people for installing any other Operating System than Microsoft Windows! Or say they decided to sue people for installing Open Office/Libre Office instead of Microsoft Office! Would we sit on our hands and do nothing while HP attempts to destroy user freedoms and property rights? I would hope not. I would hope that thousands of disgruntled users would be protesting at HP headquarters! Why not do the same to Sony? Maybe it is because many people do not see the Playstation 3 as a computer, but just a game console, a gadget. Regardless the reason, people should be demanding the right to use their device, which they own, and do with it what they will!

The problem is the hackers are not rich, and can not afford to hire lawyers like Sony can! So already, they are at a disadvantage. Our legal system is flawed, so flawed in fact if you have enough money, you can pay your way out of prison with good expensive lawyers! Someone needs to set up a legal defense fund for these people, to make sure they at least have a good defense team. Now there may be many of you who believe I have gone nuts for wanting to defend criminals! Who said they were criminals?

There is a misconception out there started mostly by the media, and proprietary software companies that hackers are bad people. Truth be told, hackers are responsible for the computer revolution, the Internet, and most all technological advances. Hackers are people who are talented at making something do it wasn't originally designed to do, kind of like making the PS3 run GNU/Linux! Crackers are people who break into computers and computer networks either for the pleasure or for money. Crackers are in a totally different class than hackers for the reason that they have different reasons and goals. Hackers do what they do for the community at large, while crackers do what they do for personal gain! Hackers usually hack for the benefit of all. they love finding out how something works and make it do different. This is O.K. if they own the device in question. And if they hack another's device, it is at the request and consent of the owner.

That is all I want to say about this matter at this time, I may write another post as the lawsuit progresses. Stay Free!

https://www.eff.org/deeplinks/2011/01/sony-v-hotz-sony-sends-dangerous-message