JickJant wrote:Anyone familiar with this?
[LINK DELETED]
Briefly, once one cuts through the self-referring congratulations regarding the release expressed at the site, the blog describes the software claims to be open source machine firmware for the PS3 which can be modified by anyone for their specific uses. The assumptions and claims stated in the blog regarding the ownership of those who purchased the PS3 and the rights of these consumers to modify their PS3 to do as they wish are, in fact, misleading claims -- at least in terms of U.S. Law, as I understand it. Individuals should confer with a lawyer within their State as different States have different interpretations regarding how "ownership" is defined and what rights, if any exist, such "ownership" entails. This reality is the downside of the concept of State's rights, as these laws are not the only ones which are not consistent across State lines.
The blog also seems to confuse concepts in Federal Law which rely upon cooperating State Law to enforce them; again across the years what is enforced, or not, varies according to changing determinations in various Courts which offer occasionally contradictory decisions. Enforcement, unfortunately is not uniform across State borders. It doesn't require a legal scholar, or even a law student, to notice these distinctions. Most U.S. citizens understand what is legal in one State is illegal in another.
Although this environment makes for a legal and financial minefield, overall the States and the Federal System have been successful up until the last decade or so. Obviously one rule of law would be convenient but the U.S. system relies on the Supreme Court for that and regarding the points affecting the issues of hardware and software defined concepts and definitions of ownership and responsibility when things go wrong -- are not yet defined legally as clearly as one would wish.
There is a little known saying as ancient as caveat emptor ("buyer beware"), it is caveat lector ("lecturer beware") or in more modern phrasing "beware the speaker or lecturer". In this case, in reference to the particular blog the link connects to if anyone pursues the views there make sure that one is well within one's legal rights within one's own State. Understanding that strategy well is what may save Geohot; it is not however, a guarantee. Neither is there a guarantee that proceeding with the views of that blog, even if you can utilize the unique laws in your State to your advantage, will fully protect you from financial ruin in defending yourself.
Research the details carefully. My personal view is that the use of open source software is not enough a defense when such use violates the rights of a corporation. Remember that in U.S. Law, and the Law extant in many States, corporations are considered as individuals with the full rights available to control, maintain responsibility for, sell and distribute their products.
Remember also that open source, as defined by the GPL, doesn't promise to be effective, useful for any particular intended purpose or be free of damaging your hardware. Remember the risk, legally, is yours alone.
I'd like to highlight one more point which approaches this problem regarding Sony's firmware and the open source firmware presented as a replacement at the blog, from a different argument.
The closest analog I can think of in exploring a problem close to this which approaches proprietary v open source, is Microsoft's Office suite v OpenOffice.org. OpenOffice.org is within the YDL package list throughout various releases. However, it doesn't offer all the functionality of MS Office nor does it attempt to replace MS Office. OpenOffice.org is a reasonable replacement or substitute however for many, but not all technical office related tasks. Also every release of OpenOffice.org although it has improved doesn't ever "cross the line" into Microsoft's territory in function. Although
The Register has a article discussing Microsoft's fears regarding OpenOffice.org (newly renamed/restructured as
LibreOffice, there remains significant differences in how the different suites function.
Comparing MS Office v OpenOffice.org with the open source version of PS3 machine firmware v Sony's PS3 firmware is very different. The open source firmware offered at the blog aims to be a complete replacement of Sony's firmware which individuals may customize to their advantage. Just because the software offered at the blog is identified as open source doesn't mean that it may be considered the same as customizing Linux kernels which themselves are also open source. Recall that all of the Linux variants replace only themselves or can be used in lieu of commercial operating systems; they do not replace the functions of commercial systems -- instead Linux offers a more expanded options and tools of use to those with the skills to implement those advantages.
The open source software provided at the blog provided by JinkJant has only one purpose, it is intended to replace completely Sony's firmware for the PS3 which, regardless whether one likes it or not, belongs to Sony. Again although the legal issues involved are not well defined for consumers, it should be clear that Sony does have legal rights -- even if they have been silly and annoying in their decisions. The rights of consumers vary across States unfortunately. In the current scale of economic stresses, one must evaluate one's choices.
Whatever one decides, or believes, may each one choose carefully and well.
All the best...