SCE Issues an Official Warning Regarding Hacked PS3s

[whitetop]

Sony Computer Entertainment has issued a stern warning to anyone considering taking advantage of "unauthorised circumvention devices" released by hackers to crack the PlayStation 3 for use with pirated software.

Essentially, anyone using the circumvention or running pirate software will face losing access to the PlayStation Network and Qriocity permanently. Piracy, as you well know, is damaging to the games industry, so taking steps to prevent it is a priority for the platform holder.

In identifying offending users, Sony can safeguard its business and preserve honest gameplay experiences for the majority of consumers who use PlayStation 3 in the way they're supposed to.

Here's the official statement:

Important Access to the PlayStation Network and Access to Qriocity Services Notice

Unauthorised circumvention devices for the PlayStation 3 system have been recently released by hackers.

These devices permit the use of unauthorised or pirated software. Use of such devices or software violates the terms of the “System Software License Agreement for the PlayStation 3 System” and the “Terms of Services and User Agreement” for the PlayStation Network/Qriocity and its Community Code of Conduct provisions.

Violation of the System Software Licence Agreement for the PlayStation 3 System invalidates the consumer guarantee for that system. In addition, copying or playing pirated software is a violation of International Copyright Laws.

Consumers using circumvention devices or running unauthorised or pirated software will have access to the PlayStation Network and access to Qriocity services through PlayStation 3 System terminated permanently.

To avoid this, consumers must immediately cease use and remove all circumvention devices and delete all unauthorized or pirated software from their PlayStation 3 systems.

So, consider yourself warned!


this was taken from psn site nothing changed as theres no need for it(not copy@rights)

[geraldrubalcava]

ducking damit!

acording to sony running homebrew or application created by non official devepoers is the same as piracy?

i tough the hole reason why sony pissed off hacker was because of the removal of OtherOS,

piracy is another topic, but just because you buy your god dam console its yours! if you wanna write code for it then i feel like i have the liberty to do so, as for features, the ps3 has bin the only console made that removes features with frmware updates, (witch in the DMCA its illegal) when a device is advertised with certain key features, then the company cant remove features by force. Some of you may say that sony doesnt force you to update, but the reality of the fact, it does, when you buy a game, is has a fw requirement that wont let you play at all, which again, in the DMCA its illegal, whey have only the right to deny you access to their online servers ie. PSN.

I hope geohot wins, then finally companies can finaly know, we own the :censored:ing device when we buy it, not them!

[whitetop]

sorry but read the terms and conditions they stated they can put or take what feels the need to be done as long as they inform member of the changes.

they informed by email and sites= nothing anyone can do why you think when people tryed to sue sony for taking the otheros os away(people using linux on the ps3+backup manager) that the people lost in court as it stated in the t&c

nothing new that no one reads it fully.

doing homebrew on own stuff is legal but soon as you publish it your braking the law.

[Bonz]

ducking damit!
i tough the hole reason why sony pissed off hacker was because of the removal of OtherOS,

you got to remember that it is because of a hacker that that was removed... when geohot first cracked the system it was via linux and in response sony removed the other os feature

the great thing about this warning is i have 3 systems and one is unmoded so i just have to keep the other 2 away from the internet and i'm fine =)

[whitetop]

you got to remember that it is because of a hacker that that was removed... when geohot first cracked the system it was via linux and in response sony removed the other os feature

geo only showed what you could do anyway system info thats all he never even got anywere

he published the keys he never hacked anything

[jrfhoutx]

regardless of who did what, as continuously shown through court decisions and the EULA you agree to purchasing and owning the system gives you no rights to anything other than owning the system. the software and operating system are the IP of Sony, their subsidiaries, and licensees and by no means (regardless of the current DMCA rulings; which simply state that you can 'jailbreak' a purchased device to access removed, or unofficial services and software; not to mention that it was in no way extended to any devices in specific) do they have to allow you access to any of their services should you choose to hack your device. if you hack, you're on your own...

I never did understand why everyone was so up in arms about the whole situation with sony... you don't hear XBL users screaming at or trying to sue MS because their hacked devices got banned (they know what they're doing is illegal, as should everyone that circumvents copy protection)... as it has always been, hacking your devices is your decision and in no way do they have to condone or support it. you purchased the console (phone, whatever) under specific terms, if you break those terms you're responsible for the consequences of your actions...

[geraldrubalcava]

i understand when you agree with the terms and service they have rights, but when you buy a ps3 you dont agree at that point to the EULA, or anything, you will only see this once you turn on your concle, therefore, even when you buy, its not yours. but, and the big but! just because they include this term in the EULA doesn't mean its legal. Read the DMCA.


I mean read the DMCA, i mean read it, it has some clear clauses that pertain towards this. they are realy clear. even though this ACT of 2000 millennium act protect consumers to a certain part, companies still find a way around it.

many of the tactics used by sony are illegal, and now goehot is fighting for the rights of you.

i just dont feel like i have to get banned if i want to run linux in my dam ps3. thats just my opinion, i bough this system thinking i can also use is as a computer in my living room, then bam! next day i woke up my computer was gone.. does not feel nice.

[whitetop]

and read the piracy laws that will sort that out

geo is not fighting his parents are paying the bills not him that's why the can go saying stuff.

plus read the small notes on the box part of the t&c are there.plus not everyone just goes and buy one without knowing there stuff one it.as i for one was peed on the only 1 year warranty for the price of 499 when it first come out.

sony is not breaking any laws as long as they state in the t&c there business nothing can and will ever be done

[Crumbz]

Hmm... Interesting Point. Seems to me that all the laws and rulings on this subject cross eachother at one point or another.

Dosent really seem worth trying to fight the political side of it. either way I will continue to use HomeBrew and hacks on MY purchased systems until someone comes into my house and takes my systems from me.

It never did seem fair that a company could dictate what you're allowed and not allowed to use on there systems.

(BTW: i understand that the use of unsigned programs and hacks are forbidden. But now that we have the keys and are able to sign programs and hacks would that fall under the same rulings?)

[jrfhoutx]

The Law is not as 'clear' as you make it out to be, the point of this as always is to allow for loop holes, by which companies like sony are allowed, by law, to take advantage of these loop holes. the exemptions are very specific as to what is allowed and what is not. the current exemptions do not apply to circumvention in order to gain access to previously offered capabilities of your machine.

though it is user edited it is still an accurate reference, check the listed anti-circumvention exemptions on Wikipedia...

or if you'd like you could actually read the whole DMCA yourself, you're more than welcome to...

Regardless of terms and conditions when you purchased the console, the initial EULA you agree to reserves the right for sony to change those terms and conditions at any time. It is also an agreement on your part to abide by those terms and conditions in order to access their gaming network. if they want to remove a specific part of the firmware (access to otherOS) then they have the right to do so. you have the choice at that point to either stay on the old firmware and keep your access to otherOS and lose access to their network. nowhere does it say (in either the EULA or the DMCA) that they have to give you access to both simply because it was accessible when you first purchased the console...

The only provisions made otherwise in the DMCA (for anti-circumvention measures) are solely exceptions made for: 1. Nonprofit library, archive and educational institutions; 2. Reverse engineering; 3.Encryption research; 4. Protection of minors; 5. Personal privacy; 6. Security testing.

just for pure argument (because I know people will start arguing based on those exceptions):

"2. Reverse engineering (section 1201(f)). This exception permits
circumvention, and the development of technological means for such
circumvention, by a person who has lawfully obtained a right to use a
copy of a computer program for the sole purpose of identifying and
analyzing elements of the program necessary to achieve interoperability
with other programs, to the extent that such acts are permitted under
copyright law.

3. Encryption research (section 1201(g)). An exception for encryption
research permits circumvention of access control measures, and the
development of the technological means to do so, in order to identify
flaws and vulnerabilities of encryption technologies.

6. Security testing (section 1201(j)). This exception permits circumvention
of access control measures, and the development of technological
means for such circumvention, for the purpose of testing the security
of a computer, computer system or computer network, with the
authorization of its owner or operator."

Use of 'jailbreaking' on the user side does not fall under any of those provisions. nor does it fall under any of these:

Computer programs that enable wireless telephone handsets to execute software applications, where circumvention is accomplished for the sole purpose of enabling interoperability of such applications, when they have been lawfully obtained, with computer programs on the telephone handset. (A new exemption in 2010.)

Computer programs, in the form of firmware or software, that enable used wireless telephone handsets to connect to a wireless telecommunications network, when circumvention is initiated by the owner of the copy of the computer program solely in order to connect to a wireless telecommunications network and access to the network is authorized by the operator of the network. (Revised from a similar exemption approved in 2006.)

Video games accessible on personal computers and protected by technological protection measures that control access to lawfully obtained works, when circumvention is accomplished solely for the purpose of good faith testing for, investigating, or correcting security flaws or vulnerabilities, if:
The information derived from the security testing is used primarily to promote the security of the owner or operator of a computer, computer system, or computer network; and
The information derived from the security testing is used or maintained in a manner that does not facilitate copyright infringement or a violation of applicable law. (A new exemption in 2010.)


the 'jailbreaking' exemption was solely made for telephone handsets, or Cell phones; in order to gain access to other communication networks (eg. cell unlocking). If anything jailbreaking a PS3 would fall under the last emboldened section directly above these last two sentences. GeoHot can argue things all he wants, but the minute he turned the keys over to the public he was no longer reverse engineering or security testing to help Sony find and close their security holes (which is what these exemptions to the DMCA allow).

Yes, it would fall under the same rulings and several others. signing your own programs would be unauthorized use of a private security key, a key that you are not legally supposed to have, therefore signing your own programs with these keys would be illegal.

[geraldrubalcava]

sorry to say this, hum, i have bin studying the DMCA for a while as its sad that companies can get around it. Its say and i agree with twisted metal. no matter what, we the consumer have no rights. There is a reason why these laws are not set in stone, they can change over time, hopefully they will change in our favor, but still i believe its unfare that i bought my first ps3 for 5oodlls to use it as a computer, blueray player, and game system, but then it was just token out(the computer).

and what you wrote about that part of the DMCA is correct, but i know this does not pertain nothing to do with the term "jailbreak" for phones. its under a different section, under the video game entertainment systems.  the section is very detailed.

i understand that its illegal for blah blah blah, i just dont feel that they can take my computer way, specialy when you dealt with the EULA version before 8, but ehh, we are consumers and some like getting skewed.

[jrfhoutx]

sorry to say this, hum, i have bin studying the DMCA for a while as its sad that companies can get around it. Its say and i agree with twisted metal. no matter what, we the consumer have no rights. There is a reason why these laws are not set in stone, they can change over time, hopefully they will change in our favor, but still i believe its unfare that i bought my first ps3 for 5oodlls to use it as a computer, blueray player, and game system, but then it was just token out(the computer).

Yes, as a consumer the only 'right' you have is the right to consume the products offer, which isn't much of a right; so, yeah, as a consumer you really don't have any rights...
I agree, it's not 'fair'. Yes laws are not set in stone for a reason, and hopefully in the future these laws will change (with current political climate in this country and the trend towards electing 'conservatives' who favor big business) personally, I doubt this will change much in the near future...
However, the fact that you don't think it's 'fair' does not make it illegal for them to do.

and what you wrote about that part of the DMCA is correct, but i know this does not pertain nothing to do with the term "jailbreak" for phones. its under a different section, under the video game entertainment systems.  the section is very detailed.

Then please link me to this as I'd like to read it... I found nothing pertaining to video game entertainment systems in any of the 59 pages of the DMCA bill or the DMCA Exemption Rulings...
Most likely you have been reading the skewed interpretations of the bill and it's exemptions from people like GeoHot (who himself happens to be a special case since what he did initially was lawful, however his handing out of private keys to public sources was not, hence why he was served a take-down notice...)
Now, if you'd like to read the actual DMCA Exemptions please do...

What is actually covered in section D of the exemption rulings affects obsolete anti-circumvention methods (specifically SecuROM and SafeDisc) and does not cover "jailbreaking" the PS3 to gain access to linux...

i understand that its illegal for blah blah blah, i just dont feel that they can take my computer way, specialy when you dealt with the EULA version before 8, but ehh, we are consumers and some like getting skewed.

Circumventing copyright and security measures is illegal for the average end user. period. They absolutely can take your 'computer' away as they own the exclusive rights to the operating system that allows you to run linux on it. All you do is agree to terms licensing your use of it from them (yes, license, as in End User Licensing Agreement, or EULA)...



Now as for the jailbreaking cell phones, I never said that those sections didn't cover jailbreaking of cell phones... in fact in the context of the conversation what was said was that jailbreaking of cell phones does not extend to the so-called "jailbreaking" of the PS3 (the first two of those last portions do cover jailbreaking cell phones)...
I won't put the whole text here because it is extensive and very detailed, and applies to jailbreaking and unlocking smartphones specifically the iphone (though does allow for other smartphones) Start on section B of page 43828 and it goes on for two pages... though the last 3 paragraphs are really what you want to read (the rest is just going over the arguments for and against jailbreaking and it's uses...)

[DuctTapedGoat]

Biggest thing I wonder about whenever the discussion of any mod that violates TOS.

The only way SOE can provide an active service is via online communication with the console, and for any extended warranties.

By declining the warranty and active services online, you have hardware that's free to modify, as it's only hardware.

The biggest thing is that it's too common that someone will do a softmod and expect to take full advantage of the online services offered.

[geraldrubalcava]

well there are diferent rules for different products, if sony calls it PS3 system. then its games. But if its called a "computer entertainment system" which was its original term used by them (even on my original box manuals said that. therefore it falls as a computer(linux too).


and they dont have the right to take my computer away. Mainly because it runs though the bootloader which is a underlining GLP published kernel which then goes to the hypervisor level0 the encryption starts between both processors but when booting up linux none of the Lv1 kernel is used. therefore when runing linux your not running any other proprietary code made by sony.

sure to acess the Lv0 to linux you have to go tough GameOS but if we were able to do this in the firsplace you cn run linux. its not a matter of you have to go tough game os, its a matter of if sony letts you.

also, in the new sony TOS after firmware 3.56 they have the right to update the firmware withough your concent and if anything :censored:s you doring that proccess there nor responsible.....  read the new TOS and tell me if that is fare?

FYI, the reason i know so much about ps3 dev is because i started dev for it. im still working on a game engine using the open source sdklight.

i feel like i own my concle, i feel to have a right to use linux, i feel if i want to run my ouwn dam code i shoud be allowed. does this mean the law is on my side? naww

well whatevers, this just my 2 cent

[jrfhoutx]

dude you can go over this as many times as you want and it won't make a difference. it doesn't matter what you call the PS3, it doesn't matter how it loads anything, it doesn't matter where in the boot process it loads anything, it doesn't matter if you dev for it, it doesn't matter if it's 'fair' or not and it certainly doesn't matter how you personally feel about it. what they are doing is lawful. if you want linux, put linux on your damn PS3 just don't expect them to allow you to get online and play on the PSN, and don't about it, they have every right to restrict your access to it.

I feel, I feel, blah, blah, blah, it doesn't matter how you feel, they're not doing anything illegal and tbh you don't have much recourse. If anything the only recourse you have is to downgrade (if you can; I don't own a PS3 so I don't much keep up on what they can and can't do) to a firmware that allowed you access to linux, install linux again and enjoy your computer, but don't expect to get any PSN connection, or support from sony for anything... or upgrade to the latest firmware, enjoy gaming on the PSN network and lament the loss of linux. it's your choice.

See this is why everyone always says read the tos before you agree even though hardly anyone ever does... how many people didn't read it, upgraded, lost linux and then got pissed? tons, but if they had just read the tos they would have saved themselves the headache...

[geraldrubalcava]

alll right dude sure, that was just my two cents. (i though that the point or replying was to give our ow feedback about the subject) ima just keep developing. one day ima make something worthwhile, i hope that you would be a developer or even own a ps3, then you could see my point.

thank you jrfhoutx

[jrfhoutx]

I don't need to be a developer or own a unit to see your point. I understand what you're getting at, the problem is that it doesn't matter and they have every right to do what they are doing.

[geraldrubalcava]

sure they have every right to skrew us. sure... 

[jrfhoutx]

sure they have every right to skrew us. sure... 

yes, by law they do have every right to screw us, sarcasm doesn't change that fact. it does not matter if you or i or anyone else thinks it's right for them to do it, in the end the only thing that matters is the law. yeah it sucks and it's not fair, but there are very few thing in life that are fair and whining about it doesn't change it. either accept it, get over it and move on; or get into politics and change the laws yourself...

[whitetop]

sure they have every right to skrew us. sure... 

they mite want to screw us but my ass is a no entry zone lol

topic:this most ive had replys on lol

[jrfhoutx]

topic:this most ive had replys on lol

hot topic apparently lol people get upset about this kinda stuff lol

[whitetop]

well i should post more like it then lol

[geraldrubalcava]

lol @whitetop
" they mite want to screw us but my ass is a no entry zone lol"
hehehe
you cracked me up. lol. well its a hot topic issue.

[DuctTapedGoat]

...also, in the new sony TOS after firmware 3.56 they have the right to update the firmware withough your concent and if anything :censored:s you doring that proccess there nor responsible.....  read the new TOS and tell me if that is fare? ...

11. MAINTENANCE AND UPGRADES

From time to time, it may become necessary for SCEA to provide certain content to you to ensure that Sony Online Services and content offered through Sony Online Services, your PlayStation 3 computer entertainment system, the PSP (PlayStation Portable) system or other SCEA-authorized hardware is functioning properly in accordance with SCEA guidelines. Some content may be provided automatically without notice when you sign in. Such content may include automatic updates or upgrades which may change your current operating system, cause a loss of data or content or cause a loss of functionalities or utilities. Such upgrades or updates may be provided for system software for your PlayStation 3 computer entertainment system, the PSP (PlayStation Portable) system, or other SCEA-authorized hardware. Access or use to any system software is subject to terms and conditions of a separate end user license agreement found at http://www.us.playstation.com/termsofuse. You authorize SCEA to provide such content and agree that SCEA shall not be liable for any damages, loss of data or loss of functionalities arising from provision of such content or maintenance services. It is recommended that you regularly back up any archivable data located on the hard disk.

I do agree - I remember when that new TOS came out reading it on my PS3. "Loss of functionalities," when the G01 got the cooked lasers from the increased voltage setting in an update, they were under warranty - so they had to take responsibility. On top of that, even after this new TOS it's 100 bucks for a send-it-in Sony repair job as opposed to the usual 150 it would cost. They claim they're not liable, but they still accept responsibility, they just expect us to pay for their responsibilities.


But, I'm getting very off track.

They can keep their OFW and original hardware schematics and software architecture.

But, when I - the End User - choose to modify my own purchased hardware, remove their software, refuse their services, and develop my own software - ALL OF THIS in the name of freedom of information and NOT for personal monetary gain, there's not jack Sony can do.

[geraldrubalcava]

a men brother ! xD

[jrfhoutx]

remove their software, refuse their services

Those are the key words right there, and where all the contention comes in, and I agree with you; You are correct, if you develop your own software etc, and refuse their services, you have every legal right to do so. the thing is that all these people are not doing that, they are continuing to use sony's software and modifying it for their own purposes and still trying to utilize and connect to sony's services, then when they get banned or sued, they whine about it not being fair. well it may not be fair, but it is legal for sony to do, and I'm sorry to say this but LIFE ISN'T FAIR (if you're expecting life to be fair then, again, I'm very sorry, but you are in for a rude awakening).

See the article isn't about people who are developing their own OS, or developing programs on OtherOS capable machines no longer connected to sony's services, or anything like that. it's about the people who are 'using circumvention devices or running unauthorised or pirated software' and still attempting to gain access to sony's services. there is a huge difference there and it's one that invalidates your argument.