For the past couple of weeks, I have been reading with great interest the coverage of Sony deciding to bring suit against George Hotz. George, or GeoHot, as he is known, and others like him, hacked the PS3 after Sony removed the “Other OS” feature. It was this “Other OS” feature that appealed to people like George in the first place, since it allowed the more technical among us to use the PS3 in interesting ways–such as to run a custom version of Linux.
There are many elements to this story: Is What GeoHot did illegal, as Sony claims? Will it lead to more piracy? If it did lead to more piracy, would it even matter? Was what Sony did by removing a feature of the device illegal or unethical? But I think the two main questions above all are: Who owns the device, and How far does free speech go?
We live in an era where corporations are asserting more and more control over the devices we purchase. Unlike a physical book or a lamp, the technology of today allows for interactivity between the manufacturer of the product and the product, itself. Companies like Apple and Sony have attempted to use this to their economic advantage by restricting what valid purchasers of the product can do with their own device. They restrict what apps you run, if you can resell it, and can even take the product back on a whim. Make no mistake: the rights we have enjoyed over our own property are under full frontal assault. Companies like Sony would like nothing better than to convince you that you don’t actually own the product you purchased–that it is really just a long-term rental–that they get to decide the rules.
The other main question besides device ownership is: How far does free speech go? We already know that free speech is not unlimited. You can’t yell “fire” in a move theater and not expect consequences. But at the same time, we are actually very tolerant of free speech. The fourth ammendment guarantees the rights of white supremacists just as it does those whose speech we find copasetic.
“But, wait!” observant readers will say. Sony is not the government and this is a civil issue. If Sony thinks it has been harmed by the free speech that is the release of the private key, they have a right to address that in the courts. Surely, if the secret formula to Coca-cola were to be released, you would expect an army of lawyers to descend on that person.
While it is true that speech can harm a company, a large corporation like Sony can’t necessarily be expected to win a case just because it doesn’t like someone’s speech. They actually have to prove harm in some way, be it libel, slander, trademark infringement or what-have-you. If that weren’t true, and if the law didn’t provide some protection even in cases where the government wasn’t involved, companies like Sony would successfully sue every security researcher every time a new flaw is found.
This case is not about piracy. If George is to be believed, he has never used the Sony online service, never assented to the EULA and never pirated a game. This is about Sony attempting to send a message: The PS3 is ours, not yours. Play by our rules or we will ruin you financially. To anyone else: freely discuss the hack, or, for that matter, look at it, and we will come after you, too.
I have considered everything from staying completely silent on this issue–certainly the safe choice career-wise–to getting a tattoo of the leaked key. But I can stay silent no more. Sometimes you have to speak up for what you believe is fair and right. And I believe it was fair and right for George Hotz to use his device in any way he chose to. I believe it was wrong for Sony to remove a feature that people paid for and had a reasonable expectation to be able to use. And I believe it is right for everyone to freely and openly discuss the hack, including the key, so that they may use their own device in any way that does not involve piracy, and to further the discussion about what device security means.
If the facts are truly what they appear to be, then I support George Hotz and I wish him well in his case.