[caption id="attachment_5917" align="alignright" width="240" caption="Photo By /kallu"]
The digital space continues to be an area where the legal world searches for its footing. For the past decade, intellectual property rights holders have been fighting to maintain control over their product. The most notable and heated battles have taken place in the music, film, and software industries. There has been a back and forth between waves of tighter control through propriety devices/software and blunt force litigation.
2011 appeared to continue this path as another legal battle began. Expanding on the above theme, it moved onto hardware, specifically the Sony Playstation 3. Earlier this year, Sony’s Playstation 3, a high-definition gaming console was “jailbroken.” Jailbreaking or the freeing of a device from limitations imposed by its manufacturer or provider is typically associated with cellular phones- Apple’s iPhone in particular. In the phone’s case the modification allows users to bring the phone to any compatible service provider.
In this case, the system becomes completely open, allowing users to fiddle with the internal code, install applications, and likely pirate games. The entire process of discovery was presented during a conference in Berlin and was posted online in a three part series
. The crew that managed to accomplish this monumental task claimed to have only attempted jailbreaking the device after Sony decided to remove the use of Linux as one of the system’s features- a key feature since the system’s debut in 2007 which was removed
by a software patch in April 2010.
who was deciding the issue gave this skeptical statement to Sony’s attorney- “…if using Twitter or Facebook is enough to bring a case to San Francisco, “the entire universe would be subject to my jurisdiction.”
for addressing its intellectual property rights would have likely also have been brought to the courts attention. One of the more interesting aspects would have been to see is how the court addressed the act of jailbreaking itself. One of the members of the team was also responsible for jailbreaking the iPhone, which was ruled lawful
in July 2010 by the Federal government. It would have been interesting to see what was deemed different, if anything, between the two cases.
Alas, after several months of waging an effective public relations campaign, the case was recently settled
. Many of the questions that the case could have raised may never be answered, leaving legal uncertainty in its wake. Sony and the defendant both claim victory. Neither side gave in. The only information that has been released about the settlement
is that the defendant will agree to not work around any of Sony’s decryption or help others to do so.
However, the code is now out on the internet. Apparently you could even tweet
parts of it. Anyone can search for the program, download it onto their PC, and use it with no special equipment necessary. There is no getting the cat back into the bag. Sony cannot remove it from the internet. At least everyone was spared a case that could easily have become the circuses that the RIAA and Hollywood bring to the courtroom. While plenty of legal questions remain for the future, there is one thing that we can all take away from this: you should always create a strong password