Re:Student Arrested for Jailbreaking Game Consoles
by RyanMcGreal on Tuesday August 04, 2009 @04:07PM
(#742021)
If that is not your intention you should rent your devices to people.
That's more or less what these companies are doing. If you read the mouseprint, you're effectively buying a licence to use their device on their terms. :P
Re:Student Arrested for Jailbreaking Game Consoles
by jacquesm on Tuesday August 04, 2009 @04:17PM
(#742045)
If I'm not paying a monthly I'm buying it.
If there is a bill of sale I'm buying it.
If there is a rental agreement and I have to return it at the end of the agreement then I'm renting it.
More or less doesn't cut it.
Re:Student Arrested for Jailbreaking Game Consoles
by ricaurte on Wednesday August 05, 2009 @12:49AM
(#742871)
I have a feeling if he made this a centerpiece of the defense case he could have it appealed all the way to the Supreme Court. If you "buy" something, you own it. Similar to the car comment, if you buy a new home, it's not like you get it with a EULA that says you can't modify it, although home owners associations act in a similar manner.
He could also potentially counter-sue with a class-action lawsuit claiming that the video game systems makers committed fraud by way of falsely advertising to people that they were "buying" the game systems, when in fact, they were actually leasing them.
Re:Student Arrested for Jailbreaking Game Consoles
by RyanMcGreal on Tuesday August 04, 2009 @04:24PM
(#742072)
I'm not defending their approach, only pointing it out.
As soon as you ask somebody to pay for something you lose control over every aspect of it. If that is not your intention you should rent your devices to people.
What really amazes me is that the law enforcement people are so eager to comply with this stuff that they even set up a special hotline for it.
As far as I'm concerned these kids are doing honest work, they're breaking a chain of control that should not even be there.