Interesting question, there...
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CrazyAznGamer

Quote:
Originally posted by Kildorf

It's a good question whether it's really legal or not. I'm sure Sony would have you believe that installing software you like on hardware that you own is illegal, but as the recent rootkit revelations show, Sony is not necessarily completely savvy or truthful about what is and isn't legal. I'm sure they have some rabid lawyers ready to send cease-and-desist letters as soon as anything big shows up, whether or not they have any legal or moral high-ground here. They'd probably say you were trying to steal their industry secrets or hack the Gibson or something.

What I'm really curious about is what it would take to make an actual disc (or whatever) to stick in the PSP and play. Again, it is probably legally ambiguous, and I don't even have a PSP to test it out on. I'm just a curious guy. :D

Edit: Also, just wanted to add: CrazyAznGamer, whether something is free or not is pretty irrelevant to legality, particularly copyright laws. This is a big myth that's sort of circulated around, that if you're not making money off of something then copyright is inapplicable or whatever. You can get just as sued for infringing copyright in a free game as for selling movie bootlegs. It's just that it is usually not really worthwhile from a monetary or public-relations point-of-view to sue people like fanfic writers. It's pretty common, actually, for free games and mods to get nixed... they call it "Foxing". Check out Penny Arcade's newpost for Wednesday (Dec 16). I'd give you a direct link but I'm at work behind a restrictive firewall which probably won't let me get at it.

Interesting...
So, point of clarification, if the free game is 100% original, then it's legal?

Posted on 2005-12-16 20:26:24

mcgrue

I believe the only point something can be illegal on a platform is if you're breaking some sort of proprietary encryption. I get this from my dim understanding of the De-CSS case.

Otherwise, as the White House proclaimed concerning the Sony Rootkit device, While sony might own the intellectual property, they mustn't forget that the owners of the computers own their computers.

In other news, "mustn't" is a funny-looking word!

Posted on 2005-12-16 21:42:55

zeromus

Quote:

So, point of clarification, if the free game is 100% original, then it's legal?



The originality of the content is a separate issue from the legality of homebrew psp games.

If you havent infringed any creative property, then the creative aspects of your game are unquestionably unfettered. However, that doesn't make the game legal.

The homebrew aspect itself unlikely to end up being illegal. Technically, however, the lawyers have a battery of tricks that they can use to make your life miserable, if you get on their radar--which you are unlikely to do.

Let me give you an example of the slimy things that the console industry can do. Gameboy games are supposed to have a certain series of bytes in the header. If that series of bytes isnt there, then the gameboy won't boot the game. That series of bytes just happens to be the nintendo logo, which you do not have permission to use.

Sony will set up these stupid tricks so they have ammunition to use in case they need it. I can't really blame them. Given enough ammunition, and gunners, practically _anything_ can be blasted as illegal. I won't tell you that a homebrew psp game is legal or illegal, but I will assure you that in the hierarchy of things to worry about in life, you should be concerned about lots of other stuff first. Like getting in a car wreck, or having the ground in front of you suddenly dematerialize just as youre taking a step and so you fall into a pothole and skin your knee. Or a pimple in a conspicious place. Worry about that stuff.

Posted on 2005-12-17 04:14:01

mcgrue

I once had a pimple in Cincinnati.

Thankfully, Cincinnati is fairly inconspicious.

Zero brings up a very good point, though. Another small thing to keep in mind is that you're pretty invincible if you have no assets. Being poor can be a rather nice piece of armor. Civil suits for damages really only happen between large companies with the goal of getting large amounts of money to change places. The only time you'll see a large company actively pursue a little guy is when they want to make an example for scare tactics (e.g. the mp3 lawsuits).

The worst you'll get 99.999% of the time is a Cease and Desist.

Of course, Zero and I aren't lawyers, and this (legally) isn't legal advice. Oh, the law is a tricky bitch.

Posted on 2005-12-17 04:39:20

creek23

Quote:
Originally posted by rpgking

And creek23, how does this seem illegal?

well, as you would know, one form of hacking is abusing a vulnerability of software/hardware. no hacking is commited without having this done. thus, abusing the vulnerability of PSP is a form of hacking. (well, that's just for my opinion anyway...)

one more, maybe Sony wont sue anyone but not until, most of commercial game devs stop producing games for their console, since it surely is possible to make good looking and professionally made games with VERGE...

think about this, in case you made the coolest VERGE game ever, wouldnt you be distributing the game? in PSP? this will surely irritate commercial game dev companies...

Posted on 2005-12-17 05:47:12

vecna

Quote:
Originally posted by creek23

Quote:
Originally posted by rpgking

And creek23, how does this seem illegal?

well, as you would know, one form of hacking is abusing a vulnerability of software/hardware. no hacking is commited without having this done. thus, abusing the vulnerability of PSP is a form of hacking. (well, that's just for my opinion anyway...)



Yes, but is "hacking" your own PC illegal? No. Hacking someone else's PC is illegal. Hacking your own PC is just as legal as modifying your car.

"Hacking" your own PSP is legal; however executing homebrew games is probably a violation of the DMCA.

But, bottom line, here's my rule of thumb. If you're ever wondering as to if something is illegal, just figure the answer is yes. Basically everything is illegal somewhere. I break tons of laws every day, many I don't even know about. I get over it though. And if it's not illegal, don't go thinking that you have to do something wrong or even illegal in order to be sued.

Passing unjust laws, laws where the punishment is disproportionate to the crime, laws that are selectively enforced, for instance, at Sony's customers, but not against Sony -- these things breed contempt for all law. And I got contempt a-plenty.

Posted on 2005-12-17 12:20:34

chozoJedi

Is this for real?

Dude! I am definitely getting one! ;D

Posted on 2005-12-17 22:49:25

Omni

I agree with Vecna. I could care less about whether or not Sony believes I can run software the way I want on my PSP. (Assuming I had a PSP).

Unless they sue me. Then I'll get concerned. It probably wouldn't make me actually respect Sony's policies any more, though.

American copyrights are really, really funny stupid. How is it that we can copyright numbers and ways to solve math problems? I don't think the original intention of copyrights was to preserve big business profits at the expense of hobbyists, many of whom have no business pretense.

But I lack knowledge about the grander scheme of things.

Posted on 2005-12-18 12:09:47

Interference22

Technically, if the software is yours and you own the PSP then it wouldn't seem that you're breaking the law. Alterations to the PSP's firmware are what Sony are probably taking umbrage with. Reverse engineering or whatever. Still, those sort of hacks are only useful to PSP owners, Sony aren't losing money as a direct result of it so I can't really see their problem. Maybe they just hate people who use their own initiative. Or do something they didn't think of.

Posted on 2005-12-18 18:06:29

creek23

Originally posted by vecna

Yes, but is "hacking" your own PC illegal? No. Hacking someone else's PC is illegal. Hacking your own PC is just as legal as modifying your car.

whoah! never thought of that... playing stupid again...

...maybe im just too paranoid breaking rules...

well, yeah, copyrights on *everything* is stupid. but that aint be implemented if they got no use. its just that every laws made are made for the protection of the richest and/or famous.

bottom line, would it be possible for Sony to simply support this kind of technology, where they become providers of mobile game consoles and just let other people install everything there. anyways its ours already...

Posted on 2005-12-19 05:25:10 (last edited on 2005-12-19 05:29:11)

resident

Possible? Certainly. Gamepark has already done it with their GP32 and GP2X handhelds.

As to whether or not Sony WOULD though, is an entirely different question, with a most likely negative answer. They don't seem to like homebrew software AT ALL.

Posted on 2005-12-20 07:46:48

Omni

As evidenced by the multiple and arguably superfluous BIOS updates which serve to block out independent tweakers.

Posted on 2005-12-20 09:00:37

creek23

Some update(?)...

I just read that Sony gets royalty from every copy of game being sold...

Posted on 2006-01-16 07:02:48

Overkill

Yeah, that makes sense. I mean, if they're publishing and licencing why not take a little money for every game that's sold? It's not like it's costing you, the consumer anything. Only means you lose a little profit if you're a developer. Free, homebrew games on the other hand still won't have royalties collected. Don't really see the big deal.

Posted on 2006-01-16 14:16:52

creek23

can someone teach me the baby-like step-by-step procedure...

...I have 2.0...
(I just don't want anything to happen in the console...)

Posted on 2006-01-23 06:17:19


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