this certainly is worrisome

[MoonRise]

https://www.eff.org/deeplinks/2011/0...gerous-message

[Snowhog]

Re: this certainly is worrisome

Yeah, I'd say that is not a good thing (what Sony is attempting to get a court to 'sanctify'). I buy a product from a company, it's mine - period. That any company would entertain the notion that they, in any way at all, still have 'proprietary interest' in that product is ludicrus. I would understand if the equipment were being 'leased', as then it isn't mine, but theirs, and I'm merely paying for the 'temporary use' of what they own.

[dibl]

Re: this certainly is worrisome

Yep, that sucks -- just what many warned about, re: the DMCA. Let's hope the court does the right thing. Actually, even if the court enforces the DMCA and finds for Sony, one would think such a ridiculous outcome would drive a movement to dump the DMCA.

[MoonRise]

Re: this certainly is worrisome

I agree. I buy it it's mine. Not to mention these Security Researchers are doing something for the good of all IMO. They are showing where things are vulnerable and letting the industry know. It is highly Irresponsible for the industry to think these guys are the criminals. The true criminals will already have workshops set to find these flaws regardless of some DMCA and they will exploit it. At least the average consumer has warning and knowledge with the help of the Security Researchers. If this goes the way of SONY then there is not recourse against the true criminals. It's amazing that our society has gotten to the point they don't go after real criminals and go after average citizens and then say it is to make a point that will "affect" the true criminals. How insane!

[Snowhog]

Re: this certainly is worrisome

It just makes me want to

[MoonRise]

Re: this certainly is worrisome

+1

[dibl]

Re: this certainly is worrisome

It just makes me want to

I like your "smiley", Snowhog!


On the surface, Sony's case seems really weak:

- there's no contract between Sony and the defendant
- defendant (presumably) has a receipt to demonstrate who is the owner of the computer(s) in question

So, it's not a breach of contract, and it's not Sony's computer. What's left? Only a theory of "DMCA" violation. If granted, that would allow Sony to restrict defendant's right to use his property. In the USA, we have the Constitution, which has Amendment IV "Property Rights". So I would see this as a breach of the right of defendant to be secure in his property.

But who knows -- lawyers have such wondrous ways to argue around the existing law.

[MoonRise]

Re: this certainly is worrisome

So, it's not a breach of contract, and it's not Sony's computer. What's left? Only a theory of "DMCA" violation. If granted, that would allow Sony to restrict defendant's right to use his property. In the USA, we have the Constitution, which has Amendment IV "Property Rights". So I would see this as a breach of the right of defendant to be secure in his property.

But who knows -- lawyers have such wondrous ways to argue around the existing law.

Yep, we do and yep, they do but it will be we that will loose. One way or another.

[GreyGeek]

Re: this certainly is worrisome

And, considering Sony's history of planting rootkits in their software their lawsuit reeks of hypocrisy.

I am currently typing this on my Sony VAIO notebook computer. IF Sony decides that it is a violation of their "terms" for me to have replaced VISTA with Linux then I can say two things for sure:
1) I will NEVER buy another Sony product ... of any kind.
2) I will encourage everyone I know with an interest in computers to avoid Sony products like the plague.

[Ole Juul]

Re: this certainly is worrisome

Aw, Sony is just being "innovative".

Anyway, I can't quote any particulars at the moment, but I seem to recall that Sony's "legal" innovations have failed in the past. It's just not their game. Still, this is the way of the world. We lost our intellectual freedom once "intellectual property" became a legal reality. Hopefully in this case Sony will be helping to break the system.

[MoonRise]

Re: this certainly is worrisome

And, considering Sony's history of planting rootkits

I forgot about that one. That is hypocritical.