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Modding the PlayStation 3: Does Everyone Have the Right to Tinker?
Sunglasses_at_night
Thursday, September 02, 2010
EDITOR'S NOTEfrom James DeRosa

Jon contends that recent restrictions on PS3 jailbreaks in Australia are of no worry because hacked PS3s basically amount to crappy PCs. He's probably right on that account, but my concern is the kind of precedents these sorts of constraints create.

On August 27th, Sony won a court case in Australia to block the sale of a USB dongle that gives users the ability to back up PlayStation 3 games to their hard drive. It's important to note that this wasn't the end of the battle, as it only prevented sales through the end of August. In order to make this injunction permanent, Sony must win another court case.

Edge Online's coverage of the news item features numerous comments -- most of them in defense of Sony. But a couple of people jumped in to support the rights of consumers to do whatever they choose to with the hardware they've purchased. Against all the odds -- in the middle a  mess of bad grammar, spelling, and ad hominem arguments -- an interesting point emerged. Anything you can do with a hacked PS3, you can do more efficiently on a PC. And the majority of that inferior functionality isn't really something most consumers care about, anyway.

 

Though OzModChips, the device's manufacturer, markets the PlayStation jailbreak dongle as a means to back up legally purchased copies of games, it would be naïve to think that most consumers want the device for this purpose. In a completely innocent fantasy world, it might be the case that PS3 users would buy the product to save themselves the hassle of changing discs. But then again, it's legal to buy bongs and crack pipes in the U.K. so long its for purely decorative reasons.

Here in the real world, it's easy to see the potential such a device has. At its most basic level, users could transfer rented games to the hard disk, thus keep a game for the price of a rental. More industrious users could take the process a step further and transfer games to an external hard drive. They could then upload games to file-sharing sites. This would deny Sony of even the meager margin of a rental.

Piracy harms the little guy. It's very easy to think you're only messing with the profit margins of huge corporations when you duplicate a game, but at the end of the day, it's not going to be those at the top who take a pay cut. The humble programmers and artists whose smaller games aren't pulling major revenue suffer most.

But enough about piracy. We also have a genuine argument to look at here: Should consumers be able to do what they want with products they've purchased? If you buy a PS3, why shouldn't you have the ability to install Linux on it? What's wrong with modding your system to play 'Splosion Man's Everybody Loves Donuts when it starts up? Unfortunately, the freedom is a two-way street. You should also have the freedom to make money if you choose to start up a company. Sony wants to make money from its products, and if something prevents them from doing that effectively, then they're entitled to fight tooth and nail to stop it.
 
The OtherOS scandal was interesting because on closer inspection it wasn't really Sony's fault. PlayStation 3 owners initially had the ability to install Linux on their system, and some people spent their time figuring out how to use that functionality to pirate games. This resulted in Sony pulling the feature. Don't blame the Japanese consumer electronics giant for this; blame George Hotz for the fact you now can't use a feature you were never going to touch anyway. (Linux on PS3 was as slow as a decade-old PC, and you had to view it at the native resolution of your television. Trust me, you were never going to take the plunge). 

Perhaps the one morally sound argument for being able to mod a console is that it allows do-it-yourself developers to make their own "homebrew"' games. It's interesting to see what people come up with given free access to unlocked consumer hardware.

Being able to run homemade efforts on a PSP is very cool. Before the Droid came along, you couldn't really do that. The problem is that if you want to play homebrewed software on your TV, you don't really need a console. Just plug a computer into you TV, and if you really have to have Sixaxis motion control, download the PS3 controller drivers and buy a Bluetooth dongle. 

That's the root of my issue with the PS3 hack. People defend its capability to do things you can do much easier on a PC, or they defend it on a set of philosophical grounds that don't affect the majority of consumers. Sure, it's not great that we can't do whatever we will with our own hardware, but the roadblocks that presents to your average consumer are negligible.
 
When Sony announces PS3s will no longer be able to play games without updating the firmware, I'll get worried. Until then there's very little practical reason to start a call to arms.
 
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Comments (6)
41378_636821133_5191_n
August 30, 2010


While the mainstream consumer may not use extended console functionality, you are selling short its value, claiming that you are better off doing the same things on a PC. I disagree wholeheartedly. Even if extended functionality is removed and fought against on the grounds of it making piracy easier, that hardly renders the thing itself immoral.



Perhaps the fact that I am a former Linux server administrator has something to do with it, but the bottom line is that I am a power user who wants to be able to have full control over my technology. These lockdowns shut out my legitimate uses for extended functionality.



You say "you don't need it," but who are you to decide that, and how is it even relevant? Nobody needs a PS3, but here we have them anyway.



See, if I pay for hardware, I should be able to do what I want with it. If someone engages in piracy, then go after the pirates. To give it a historical comparison, doing what console manufacturers have done is like outlawing the selling of ships to noncommercial parties because pirates would use them to the detriment of businessmen, but this comes at the cost of making ship ownership inaccessible to law-abiding private citizens.



The pirates are the issue. It's aggravating that console manufacturers can make it exceedingly hard for legitimate users to gain fuller hardware functionality without turning to shadier means because they throw the baby out with the bathwater.


Enzo
August 30, 2010


Good piece.



Here's the thing: I feel quite strongly that if I've bought something, I can do what I want with it. Sony/MS/Apple etc can in many cases legitimately claim I've invalidated the warranty, they can withhold updates, or stop my multiplayer access if I'm cheating on a games -- but they shouldn't have any legal right to stop me turning a slick PS3 into something that resembles a poorly-performing 486 PC, if that's my choice.



Now, I'm not denying the link with piracy, but modding something doesn't mean the owner *will* pirate games. For those caught playing pirated games, by all means go and slap them round the head with a big book of copyright regulations. But don't forget the people denied the opportunity to do what they want with their own property on the grounds of presumed naughtiness. 



Modding is a wonderful, warm and fuzzy kind of innovation -- even if a lot of it is pointless. But even so, I'm sure loads of new technologies have come about as a result of people learning by modding existing tech. For example, isn't there some story about how Steve Jobs started out by supergluing an old-school calculator watch to a speak-and-spell?*



Ben



* This is what happens when I don't Google my facts.


Sunglasses_at_night
August 30, 2010


You both make good points, but I'm still of the opinion that a large majority of people who want to mod their console want to do it to pirate games, and not to do all of these other amazing things that I agree are possible to do. 



The problem is that going after individual pirates is an incredibly inefficient way to do things. The amount of money a company like Sony would have to spend going after a single software pirate would simply not be worth it. It's thus much more cost effective for them to go for the source. Yes legitimate users get caught in the crossfire but it's a small price to pay when piracy can essentially kill a console - just look at the PSP for proof of this.


Robsavillo
August 30, 2010


The irony here is that back in the 80s, movie studios sued Sony over the VCR because of possible copyright infringement by users. Luckily for us consumers (and Sony), U.S. courts agreed that the device is legal if it has other uses besides infringement.


100media_imag0065
September 04, 2010


I have two minds on this. On the one hand, I believe companies like Sony deserve to make every dime they could and people who prevent them from doing that are only hurting the industry. On the other hand, we bought this product with our hard earned money and no one should be allowed to tell us what we can and can not do with OUR product.



I can see both sides here. And it is hard to tell who is right and who isn't. Also, a lot of games on the PS3, especially the good ones, can't be found on the PC so using the argument that the PC is better anyway is sort of dead.


Default_picture
September 05, 2010


Its true, most people don't read the TOS included in the documentation of "their" new game console..



Just because you paid for it, doesn't mean you can do whatever you want with it. By using it, you have agreed to the terms and limitations of the document. And going against it, then complaining about actions taken against your decision, leaves you looking like the tool.



Point in case, modding is for piracy, any other way and its just a silly attempt to justify your criminal act. Want to develop? Get a degree, buy a dev kit, or get a job in the industry. Just because you can dump a game to your hard drive, doesn't make you a "homebrew developer" you're still a pirate. And you stink.


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