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Thread: Installing CFW illegal?

  
  1. #1
    TheKyTepm is offline -Hacks Newbie
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    I had an ad to help people install CFW, but sony sent me this email:

    "From: ad_watchdog@sonyentertainment.com
    We would advise you to take down your ad and refrain from posting any similar ads in the future. You have been reported to Sony Entertainment for violation of their copyrights.
    Further violations of this nature will result in possible fines being levied against you.
    Thanks for you cooperation on this matter.

    ad_watchdog@sonyentertainment.com"

    So I was wondering if it is illegal to install CFW.


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    Nathanias is offline -Hacks Enthusiast
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    I'm not sure if it is, but I know that whether or not it may be Sony will gladly wave it's big dick in front of you to scare you off
    Proud beta tester of both FuSa and BOXHEAD: PSP STYLE

  3. #3
    almost's Avatar
    almost is offline -Hacks Guru
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    Quote Originally Posted by Nathanias
    I'm not sure if it is, but I know that whether or not it may be Sony will gladly wave it's big dick in front of you to scare you off
    well put
    been gone awhile

  4. #4
    Fretless is offline -Hacks Smarty
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    CFW is, to my knowledge, illegal because it is based on Sony's code, which is copyrighted.
    \"Building the future and keeping the past alive are one and the same thing.\"

  5. #5
    KiraxYamato is offline -Hacks Newbie
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    if I remember CFW is NOT illegal. Even if its based on sony code they had made a great change it it. Just like MAC and Windows. Homebrew and Downloading games is illegal.

  6. #6
    Nathanias is offline -Hacks Enthusiast
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    homebrew that doesn't violate copyrights is illegal?
    Proud beta tester of both FuSa and BOXHEAD: PSP STYLE

  7. #7
    TheKyTepm is offline -Hacks Newbie
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    Thx for input guys.
    I just don't want to get sued. But I found this on another forum:


    "Sussex_Chris
    02-06-2008, 06:08 AM
    A bit of an old thread to update but Ive always wondered the same thing and according to the information below you are breaking the law the second that you install custom firmware to the PSP:

    Quoted From Yogarine:

    Is downgrading the PSP illegal?
    I'll go through all the relevent phrases of the EULA one by one:

    To the extent permitted by applicable law, your rights to use or access the current version of the System Software shall cease upon installation of a newer version of the System Software onto your PSP™ system.

    This probably depends on where you live. You see, as far as Sony's concerned, you'll lose your license to old version of the firmware as soon as you upgrade to a new one. Pretty sneaky. (Though this, for as far as I know, is untested in court and I *think* it probably wouldn't make it. After all, I think having a back up of older firmwares and reinstalling them would comply as Fair Use.)
    So what does that mean? Well, if you have firmware 3.10, and you upgrade to 3.11, then you lose all your rights to use 3.10 ever again. This line does not say that you may not install an older version before 3.10. And if you buy a new PSP, and you never installed any upgrade in the first place, you never lost any rights to use any firmware at all.


    SCE does not grant any license to System Software obtained by users in any manner other than SCE's authorized distribution methods.

    Now this is a problem. It means: If you download a PSP firmware from anywhere except for Sony's official websites or sources, you are not allowed to install it. So that means that downloading the firmware from qj.net means that, according to Sony, you're not allowed to install and/or use that firmware.


    You may not lease, rent, sublicense, publish, modify, adapt, or translate any portion of the System Software.

    Yup, sites like qj.net are probably breaking copyright law by hosting the Sony firmwares. If Sony ever sends them a cease and desist letter, they would have to comply, and take all of the old firmwares offline. That would make it harder for people to find old firmwares through regular channels.


    You may not (i) use any unauthorized, illegal, counterfeit, or modified hardware or software in connection with the System Software, including use of such tool to bypass, disable, or circumvent any encryption, security, or authentication mechanism for the PSP™ system;

    In other words, it says: you're not allowed to use downgraders or other exploiters. This sentence alone makes downgrading a PSP an illegal act, since all downgraders depend on security exploits or modified hardware.


    (iii) use any hardware or software to cause the System Software to accept or use unauthorized, illegal, or pirated software or hardware;

    Basicly the same as above.


    (iv) obtain the System Software in any manner other than through SCE's authorized distribution methods;

    Stating again that you aren't allowed to download the Software from anywhere but the official Sony site.

    So since 1.) sites are (probably) not allowed to publish any version of the firmware, 2.) you're not allowed to download firmware from anywere but Sony's site (and there are no old firmware versions there) and 3.) you're not allowed to use any unauthorized software with the System Software, downgrading breaks the EULA, and obviously voids your PSP's warranty.

    Is homebrew illegal?
    Ignoring the fact that most of the time you have to downgrade your PSP to use homebrew in the first place, there are some specific sentences that make running homebrew itself a violation of the UELA. (Even if they ran without downgrading your PSP.)


    (i) use any unauthorized, illegal, counterfeit, or modified hardware or software in connection with the System Software, including use of such tool to bypass, disable, or circumvent any encryption, security, or authentication mechanism for the PSP™ system;

    Homebrew is never authorized, so there you have it.


    (iii) use any hardware or software to cause the System Software to accept or use unauthorized, illegal, or pirated software or hardware;

    This also makes it illegal to use homebrew enablers like HEN and eLoader.


    (v) exploit the System Software in any manner other than to use it in your PSP™ system in accordance with the accompanying documentation and with authorized software or hardware, including use of the System Software to design, develop, update, or distribute unauthorized software or hardware for use in connection with the PSP™ system for any reason.

    And this states you're not allowed to use your PSP to even develop homebrew.

    Is Dark AleX's custom firmware illegal?
    When first thinking about Dark_AleX's legal situation, I first thought that only installing
    and using his custom firmware actually breaks the EULA. For the same reason as using any homebrew breaks it.

    But perhaps even Dark_AleX himself could get in trouble:

    To the fullest extent permitted by law, you may not reverse engineer, decompile, or disassemble any portion of the System Software, or create any derivative works, or otherwise attempt to create System Software source code from its object code.


    You see, Dark-AleX was smart to only release a tool that creates a custom firmware from original firmwares. So basicly who's creating the actual derivative is the one who uses the tool.

    But, it can be proven that to create this tool, he himself had to at least 1.) decrypt the firmware, and 2.) use the original firmware to develop it. So possibly Sony could tell Dark_AleX to stop developing his custom firmware... But in the end I don't have any idea how enforceable this statement is in the first place. Even Sony says: "To the fullest extent permitted by law". Meaning not even they're sure about it.

    So does this all mean we should all hide in fear of Sony's lawsuits...?
    Well I don't think you have to worry about that. First of all, laws differ all over the planet, and Sony can't be 100% sure they'd win all their cases. And they have better things to do than go and sue every single homebrew user."

  8. #8
    jubrilaya is offline -Hacks Smarty
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    CFW IS ILLEGAL. Why, because when you buy your PSP you agree to terms of only using firmware made by sony. So basically your violating thier "contract" (yes gay) so yes CFW is illegal you should make your ad more discreat.
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  9. #9
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    p0op is offline Senior Member -Hacks Titan
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    Downgrading and installing custom firmware is perfectly legal. What you do with that firmware is what gets you in trouble.

  10. #10
    Rob S.'s Avatar
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    Quote Originally Posted by p0op
    Downgrading and installing custom firmware is perfectly legal. What you do with that firmware is what gets you in trouble.
    Que ?



    Downgrading and installing custom firmware is illegal.

    You are modifying your psp through hardware and software means not authorized by Sony.

    "You may not (i) use any unauthorized, illegal, counterfeit, or modified hardware or software in connection with the System Software, including use of such tool to bypass, disable, or circumvent any encryption, security, or authentication mechanism for the PSP™ system."

    "To the fullest extent permitted by law, you may not reverse engineer, decompile, or disassemble any portion of the System Software, or create any derivative works, or otherwise attempt to create System Software source code from its object code."

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