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.

 
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Matthew Wilson@AE I think he means both.03/26/2015 - 9:23pm
ZippyDSMleeuhg either a nap after being up 30 hours or working on my comp blah. Oh wow when did the the all shout box page show 3 times as many shouts 0-o03/26/2015 - 8:30pm
Andrew EisenMechaCrash - Sony in particular or Hollywood in general?03/26/2015 - 7:38pm
Matthew Wilson@mach no way in hell, so that is why I want them to stay away.03/26/2015 - 7:21pm
MechaCrash"Get the movie right" is preferable to "stay away," but do you really think they won't screw it up?03/26/2015 - 7:19pm
Craig R.And yes, 90's games. Damn near all of my fav computer & console games were from that decade03/26/2015 - 7:00pm
Craig R.I'd take the NCAA seriously if they'd bite instead of bark03/26/2015 - 6:59pm
Andrew EisenConster - Sure, give me a few minutes.03/26/2015 - 3:05pm
Consterhttp://sanfrancisco.cbslocal.com/2015/03/26/salesforce-ceo-says-company-is-cancelling-all-programs-in-indiana-over-lgbt-discrimination-fears/ http://edition.cnn.com/2015/03/25/politics/mike-pence-religious-freedom-bill-gay-rights/index.html03/26/2015 - 2:55pm
ConsterApparently Salesforce and the NCAA are also upset over SB 101. I know they're not video-games related, but maybe add a line to the article?03/26/2015 - 2:54pm
Andrew EisenThat said, I doubt that if the movie gets made, it will be similar to either version of the show. But, Star Wars movies will be out again and the designs are still pretty awesome so it's got a chance.03/26/2015 - 2:34pm
Andrew EisenPeople my age and older with disposable income and a fondness for nostalgia.03/26/2015 - 2:32pm
Matthew Wilson@AE I am kinda surprised sony would want to make a movie of something that is 30 years old. I woulder how many people remember robotech?03/26/2015 - 2:24pm
Andrew EisenProbably not but my wish is that Hollywood make good anime movies.03/26/2015 - 2:20pm
Matthew Wilsonhttp://variety.com/2015/film/news/robotech-movie-sony-tv-series-anime-1201460191/ am I the only one that wishes Hollywood would stay a million mile away from anime?03/26/2015 - 1:29pm
MaskedPixelantehttp://www.comicbookmovie.com/fansites/markcassidycbm/news/?a=117247 Because when I think "all new, all different", my mind jumps to a hero that's served on FOUR different Avengers teams.03/26/2015 - 11:31am
Matthew Wilsonnot shocked, lets see how gencon reacts.03/26/2015 - 11:01am
Andrew EisenAnd for those of you keeping track, Indiana's SB 101 was signed into law this morning by Gov. Pence.03/26/2015 - 10:58am
james_fudgeyeah!03/26/2015 - 9:17am
Ivresseand Command and Conquer, Wing Commander, Fallout03/26/2015 - 8:51am
 

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