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