I'm struggling a bit with the overuse of the words "illegal", "shady", and the possible misuse of the words "hacker", "pirate", and "blackmail"
Firstly, can someone here prove that what GeoHot and Graf did was illegal? I'll admit I might have a hole in my argument here, but as far as I know, the case against GeoHot is a civil case, not criminal (
Link in case anyone needs clarification on differences between the two). Meaning that technically no law is being broken, as otherwise they would be pursuing putting Geohot in prison instead of suing him . This is a case more reminiscent of Sony suing Geohot for breach of contract (Terms of Service agreement, I believe) as well as violating the DMCA, which I think is unreliable at best, because:
1) Absolutely no-one reads Terms-of-Service
2) Reading the DMCA, the only things I thought they could put him accountable for are sections protecting the copyright of video games (which Geohot has claimed he has not pirated), and a section regarding unauthorized hacks of cell phones for the sake of putting them on another network,
which has recently been negated. Since the cell phone provision is the closest to the Geohot case because of the questions of the user's rights to ownership of their hardware, I would assume the DMCA would be a bit neutered, if not useless as an argument.
There is a distinct difference between a "hacker" and "pirate" in context of these cases. A person doesn't have to be a hacker to be a pirate (or vice versa), but that also doesn't mean that they can't be both as well. It's a bit baseless and biased to say that all hackers are pirates, or that all pirates are hackers.
I actually do agree with TJ Spyke that what Graf threatened Sony with would be considered blackmail (Yes, I know it's not exactly a scholarly source, and I'll gladly listen to counterarguments). What he threatened to release was something of definite value that could damage their business if released. The way I read one article is that he threatened to release info from Sony's hypervisor, so wouldn't that technically be Sony's intellectual property that he's threatening to release?
I don't care for people using the words "shady", because it's simply an adjective used by people of both sides for the sake of belittling or putting into doubt the merits of either side. Whether you think GeoHot is a
smelly pirate hooker, or that Sony is the
Shinra corporation in disguise, using insults towards the parties in this issue or other forum members just undermines your own arguments by making you look overly biased. Let's put aside the vitriol and hate, and have some rational arguments here
.