PS3 jailbreak prompts restraining order from Sony (CNet)

PS3 jailbreak prompts restraining order from Sony (CNet)

Posted Jan 13, 2011 1:22 UTC (Thu) by brouhaha (subscriber, #1698)
Parent article: PS3 jailbreak prompts restraining order from Sony (CNet)

Sony conveniently ignores two important provisions of the DMCA:

1201(f)(1) Notwithstanding the provisions of subsection (a)(1)(A), a person who has lawfully obtained the right to use a copy of a computer program may circumvent a technological measure that effectively controls access to a particular portion of that program for the sole purpose of identifying and analyzing those elements of the program that are necessary to achieve interoperability of an independently created computer program with other programs, and that have not previously been readily available to the person engaging in the circumvention, to the extent any such acts of identification and analysis do not constitute infringement under this title.

By puchasing a PS3, one obtains the lawful right to use the copy of the PS3 firmware embedded in the PS3. Reverse-engineering to obtain a key to allow independently created computer programs (such as homebrew) to run on the PS3 is not prohibited by the DMCA.

1201(c)(1) Nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, under this title.

It is highly likely that modifying the PS3 firmware for compatibility with other software is covered by fair use, provided that one isn't distributing the modified firmware.

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