EFF on Sony v. Hotz

January 24, 2011 -

The Electronic Frontier Foundation said in a recent statement that the legal action Sony has taken against George Hotz sends a dangerous message. The groups says that it has been warning of the dangers of the anti-circumvention provisions of the Digital Millennium Copyright Act including having a chilling effect on free speech and stifling research on security issues.

The EFF says that legitimate security researchers will be afraid to publish results for fear of facing legal action from big corporations. They also added that the Computer Fraud and Abuse Act could be abused to try to make alleged contract violations into crimes. Here is more from the EFF statement:

These two things are precisely what's happening in Sony v. Hotz. If you have missed this one, Sony has sued several security researchers for publishing information about security holes in Sony’s PlayStation 3. At first glance, it's hard to see why Sony is bothering — after all, the research was presented three weeks ago at the Chaos Communication Congress and promptly circulated around the world. The security flaws discovered by the researchers allow users to run Linux on their machines again — something Sony used to support but recently started trying to prevent. Paying lawyers to try to put the cat back in the bag is just throwing good money after bad. And even if they won — we'll save the legal analysis for another post — the defendants seem unlikely to be able to pay significant damages. So what's the point?

The real point, it appears, is to send a message to security researchers around the world: publish the details of our security flaws and we'll come after you with both barrels blazing. For example, Sony has asked the court to immediately impound all "circumvention devices" — which it defines to include not only the defendants' computers, but also all "instructions," i.e., their research and findings. Given that the research results Sony presumably cares about are available online, granting the order would mean that everyone except the researchers themselves would have access to their work.

The group goes on to say that Sony is trying to say that it "has rights in the computer it sells you even after you buy it, and therefore can decide whether your tinkering with that computer is legal or not." They strongly disagree with this.

Of course Sony would argue that its console is not a computer at all, but does it matter? You can decide after you read the whole EFF statement here.


Comments

Re: EFF on Sony v. Hotz

I completely agree with EFF on this one. Sony has no leg to stand on. Even if they can get a judgement in their favor, the cat is out of the bag and any victory will be in word only as there is no way to bottle up this genie.

E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma

Re: EFF on Sony v. Hotz

Well, the victory would be in setting a legal precedent, shoring up enforcement of the DMCA's anti-circumvention clause, and scaring others out of attempting similar hacks.  Sony's playing the long game here.

 
Forgot your password?
Username :
Password :

Poll

Did Microsoft pay too much ($2.5 billion) for Minecraft developer Mojang?:

Shout box

You're not permitted to post shouts.
Krono@quiknold So you're saying that it's way out of line for an abuse victim to out their abuser? Because if you actually read the logs he posted, that's exactly what Eron is, a victim of emotional abuse.09/19/2014 - 9:40pm
Neo_DrKefkaI wish there was an, "I don't care." for the whole Minecraft poll thing09/19/2014 - 9:27pm
TechnogeekMy third "dart" wound up hitting a Chinese website for soccer scores, and the fourth hit Pokemon.com. Not one of those had anything to do with white guys getting harassed because they're white guys.09/19/2014 - 8:56pm
TechnogeekFor the record, I actually tried "throwing a dart at the Internet", or at least approximating it as best I could by zooming in at random spots on internet-map.net. First hit was a perfume seller, and then some sort of insurance spammer.09/19/2014 - 8:56pm
Technogeek"While you could throw a dart at the internet and find a site where Gamers in General are being harassed, doxxed, hacked, just because they are being perceived as white males." http://www.youtube.com/watch?v=FopyRHHlt3M09/19/2014 - 8:47pm
Andrew EisenSarkeesian and Quinn continue to get harassed and attacked (with the majority of said harassment and attacks being about their gender) and so, the story stays in the headlines. If Wolfe gets swatted again, it will be in the news again.09/19/2014 - 6:56pm
Andrew EisenYou mean Wesley Wolfe? The swatting appeared to be over his DMCA takedown, not due to his color or gender.09/19/2014 - 6:53pm
ConsterSo Sleaker, what's the sand like?09/19/2014 - 6:53pm
quiknkold@CraigR. Spreading Misandry is not going to kill Misogyny. Its just going to fuel it. half the people supporting that arguement are mysoginists themselves. They just dont know it.09/19/2014 - 6:51pm
Sleaker@CraigR - there's nothing to get over. There's no issue here until someone does an actual study on harassment rates.09/19/2014 - 6:48pm
quiknkoldWe never said Gamers were the only victims. Yes, Anita and Zoe got a bad rap. Yes, Zoe's ex was way out of line. Do I disagree with them? Depends on the arguement. Did they deserve what happened to them? Hell Effing No.09/19/2014 - 6:48pm
Sleakerbut news outlets have a tendency to blow up and sensationalize it if the person can be desrcibed as a minority, maybe because it gets the hits. How long were the 2 recent swattings in the news for? 1 was a white male developer....09/19/2014 - 6:47pm
Craig R.Get over it.09/19/2014 - 6:46pm
Craig R.Gamers are just lucky that their behavior wasn't brought to attention of everybody else sooner, and gamers are pissy about that09/19/2014 - 6:46pm
SleakerIn fact, just because a few female developers every year get harassed doesn't make it systematic. As a whole developers are harassed by people.. Swatted, etc.09/19/2014 - 6:46pm
Craig R.And if you don't think misogyny and sexism is widespread, then you're living with your head buried in the sand09/19/2014 - 6:45pm
Craig R.Apparently it's the gamers who are the only victims from GamerGate09/19/2014 - 6:44pm
Sleaker@AE - 1 person getting harassed is a problem. But just because 1 person gets harassed for being a female developer doesn't mean it's a systematic problem or indicative of a whole demographic.09/19/2014 - 6:44pm
Andrew EisenI don't believe anyone said or even remotely implied that harassing anyone was okay.09/19/2014 - 6:41pm
quiknkoldGeneral are being harassed, doxxed, hacked, just because they are being perceived as white males. And what about the White Males who are victims. Its ok to harass them? Anita Sarkeesian gets a bomb threat yeah, but what about the others.09/19/2014 - 6:36pm
 

Be Heard - Contact Your Politician