So, today I read this article posted on the BBC website about companies such as Sony not allowing owners of PS3 or other devices "modify" or "hack" them.
As I read, I began thinking again about the ethics of such moves, particularly by Sony.
Right to Modify
The article uses a good example of when you buy a car and pay outright for it, then you have every right to modify it if you wish... of course, many of us accept the fact that this usually voids warranties and in the case of cars, has insurance implications, which is another area. The point is, the car is your property... the legal ownership has moved from the manufacturer to you, therefore, legally speaking, you can modify it if you see it fit to do so.
So, what is the difference with Games consoles or other electronic devices (except, in most cases they cost significantly less than a car!)?
Games Consoles vs. PCs / Macs
Take Sony as an example with the Playstation 3... now, owners of a PS3 can range from those who class themselves not as enthusiasts and those who do... typically, for an enthusiast use of the device would be more than just playing games or watching movies. This is where the so called "Hacks" come in... Generally speaking, hacking would specifically link to altering the software of the device in question... in the PS3's case, the Operating System.
Legally speaking, this is where the issue hits mainly because when you purchase something such as a Playstation 3 or indeed even a DVD copy of Microsoft Windows 7, whilst you legally "own" the physical object such as the console or the disc, the intangible elements of it, namely, the software, you actually "license" from the manufacturer, meaning you have the right to use it, but you do not own it outright... this is the focus of the majority of the controversy.
So are manufacturers right to be making moves to try and block hacking?; or are they just being overly anal?
Personally, I do not think there is one definite answer to this, whilst legally speaking, the manufacturers have every right to do something, equally speaking, it can be argued that enthusiasts hacking these devices are causing no real damage on the whole... in fact, interestingly enough, Microsoft have actually opened the Kinect up to to this in order to expand its functionality, quite a shrewd move and one that "Sony has aspirations for with its move controller".
In fact this has opened the devices to a far wider scale, in which some academics have found some extremely serious uses for.
So, back to the question... is it ethical for manufacturers to block such things? In truth, I personally do not see a definite answer either way... one one hand, people pay a lot of money for these devices, on the other hand, the legal agreements stipulate the license of such software... However, one thing is for sure, users should never be forced to keep with an operating system they do wish to use... if enthusiasts are developing entirely new systems, then in my view, the manufacturers have absolutely no say what so every, unless the said system breaches copyrights, patents etc.... and interestingly, the UK as far as I'm aware does not recognise software patents...
However, I do feel strongly that manufacturers need to be explicitly clearer about this, at the moment, they seem to hide all of this amongst lengthy, legalised small print which many people find mundane and dam near impossible to read... so on that basis, I do think manufacturers should take measures to make buyers aware by providing simple, unambiguous text and have it available for someone to read prior to purchasing.
However, I do feel strongly that manufacturers need to be explicitly clearer about this, at the moment, they seem to hide all of this amongst lengthy, legalised small print which many people find mundane and dam near impossible to read... so on that basis, I do think manufacturers should take measures to make buyers aware by providing simple, unambiguous text and have it available for someone to read prior to purchasing.
Just a few of my thoughts...





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