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Dark_Alex resigns!

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light_alistor

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Post Tue Jul 03, 2007 9:56 am

still... he could at least have solved the TA-082 problem. now those guys have no way of getting back to OFW when a game they want comes out.
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Post Tue Jul 03, 2007 10:09 am

light_alistor wrote:its plain and simple. if dark alex quits then he's a coward for doing so. if sony left something in their code threatening him he should go public with it and then challenge them. of course i dunno spains legal system. to quit because he wants to move on is one thing however to quit because sony is pressuring him is quite another. (edit: my bad he is NOT a coward. he did what he had to do sony jumped on him. though... it makes me wonder why now?)

its a shame. not everyone is contacted by sony themselves because of homebrewing. he challenged a corporation with the noobz team and he was winning for awhile.

as well it doesnt help that the wikipedia section on dark alex was shut down. due "indications of SPAM" or "not a large enough notoriety" bullspit i think i read something on the net about there being a false site that almost got dark alex in serious trouble

mathilieuh has confirmed it so not a hack my guess. trust me ive been up all night browsing forums. i have no life so.... any way i also heard if you had a TA-082 motherboard your screwed and cant get back to OFW above 3.30. bummer guys

P.S. he uh... technically IS breaking the law. ever read the liscense agreement? http://www.scei.co.jp/psp-eula/psp_eula_en.html

I wouldnt say hes a coward, its my guess that in that "message" was a consequence if he pursued with CF.
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light_alistor

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Post Tue Jul 03, 2007 10:16 am

yea i dont think he's a coward anymore. but were still faced with a serious problem here what are the TA-082 people going to do?.

its been confirmed there was no such hidden message. i doubt sony threatened with anything but legal action
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Mailas

Post Tue Jul 03, 2007 10:34 am

Could you link us to this confirmation?
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light_alistor

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Post Tue Jul 03, 2007 10:48 am

DA already gave a picture. i dont know where he got it of course. however i trust him. it says there is no message hidden in the 3.51 code. which seems to be the general consensus. and if sony did leave a threatening message itd be a stupid move considering thats illegal and seeing how sony is taking the side of the law here....
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Post Tue Jul 03, 2007 12:29 pm

Where is this picture.
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DarkPacMan77

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Post Tue Jul 03, 2007 12:29 pm

Please take time to read this thoroughly. I explain my position in full.

From Sony's License Agreement wrote:You may not lease, rent, sublicense, publish, modify, adapt, or translate any portion of the System Software. 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.


So they make it clear that they don't want the files messed with. The custom firmware DOES decompile and disassemble, so yes, technically that is against the License Agreement.

From Sony's License Agreement wrote:SCE AND ITS AFFILIATED COMPANIES EXCLUDE ALL LIABLILITY FOR ANY LOSS OF DATA, LOSS OF PROFIT, OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING THE SYSTEM SOFTWARE OR DOWNLOADING OF CONTENT. SO LONG AS THIS PROVISION IS ENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.


Sony also ducks out of covering damages from the use of these things. "So as long as this provision is enforceable in your jurisdiction, the foregoing exclusions and disclaimers apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose".

Now when I see that, I see a loophole. The provision IS enforceable in our jurisdiction, and by law they are talking of is the copyright/ patent laws that they have, but here's the key. ~ Sony doesn't cover damages, even if "any remedy fails of its essential purpose". When I read that, I translate it as "If you mess with our psp, we won't cover for you and replace/ fix your psp." That's exactly what they are saying, and that's perfectly fair. In other terms, if I were to smash the psp on the sidewalk, this is covered by the same clause. In the end, I have the right to do it.

Here's the kicker. Sony's license agreement is a complete double-negative and cancels itself out. Look below.

From Sony's License Agreement wrote:By using or accessing the System Software, you agree to be bound by all current terms of this Agreement.


It's important to remember that we aren't "accessing" Sony's System Software anymore, which means that we "AREN'T bound by all current terms of this Agreement"

and FURTHERMORE!!!, this license agreement has never been signed by anyone who has purchased a PSP

and FURTHER YET!!!, this license agreement isn't included in the original packaged contents along with the psp. It isn't in the Instruction Manual and it isn't on any other documentation that the psp comes with. Keeping that in mind, I bought my psp with version 1.50 and the first model of motherboard, so since the product has changed, their agreement needs to specifically state that it applies to all generations of the psp unit, and it doesn't specify ANY particular units/ generations.

With all of that said, I can easily say that, "I don't know what the hell Sony is talking about... what's this PSP they are talking about?" - and I can say that and get away with it because this information was never made known to me by the manufacturer along with the original contents that I purchased from them.

-DarkPacMan77-
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Post Tue Jul 03, 2007 12:39 pm

All my information is from math he posted over at pspupdates. The following information is from the official playstation website.

More Information on Dark Alex, and possible return!
If this information from the psp forums at Playstation.com is correct Dark Alex was indeed ask to Cease and Desist by Sony earlier today. The idea was originally thought by Jeff Dillers a worker of SCEA. Which was caused by most of the workers who made Sony firmware who were furious about homebrew. Then Sony continued to survey 1,000 people to find out that 36 % of them bought there psp to use homebrew.

This was the last straw and lead to them going after Dark Alex. Ever since last September Sony realized they could not compete against custom firmwares. Which probably also lead them to try to snuff out the flame that was causing most of these custom firmwares, Dark Alex. Most of the staff of Sony thought liked homebrew and what we have accomplished and they are very likely to go on strike until something is done to settle this matter and hopefully allow Dark Alex to continue development. Keep an eye out for news on SCEA strikes.



Link to orignal post http://boardsus.playstation.com/playsta ... 5#M3032755
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ace

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Post Tue Jul 03, 2007 12:41 pm

:? :?
So really, since I didn't sign any of that license agreement crap, I bought mine used. But doesn't it require that you accept it right when you turn your psp on? I don't quite remember. But if none of that stuff came with the psp and theoretically you didn't accept the license agreement, then it wouldn't matter. But you did accept it didn't you? The first time you turn your psp on, the last thing it asks is if you accept something. I might go look in a second.

Oo my post was directed at dpm.

Haha a scea strike. Now that would be awesome. I love it.
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Post Tue Jul 03, 2007 1:16 pm

An SCEA strike would definitely be neat lol, but no, the psp only requires that you accept the changes like time/ date etc. I'm pretty sure... It has a watered down version of the license agreement when you officially upgrade the psp, but that's not the case here because with custom firmware it isn't official.

About the "starting the psp and having Sony firmware on it" - thus making you forcibly enter their license agreement, that's completely against the law because the original documentation isn't included with the PSP. If that were the case, Sony could make some "license agreement" available online that says something like, "If you turn on the psp and use our system software then your soul is subject to our discretion." I mean, they could literally say anything they wanted to but since that document isn't included in our purchase - or even mentioned for where we can find it - we aren't obligated to follow its terms and like I said earlier...

DarkPacMan77 wrote:It's important to remember that we aren't "accessing" Sony's System Software anymore, which means that we "AREN'T bound by all current terms of this Agreement"


-DarkPacMan77-
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Post Tue Jul 03, 2007 2:53 pm

To answer your question, yes after every update when your setting the date, time, etc their is a license agreement which you have to accept and this stuff is stated in there. Even on custom firmware it asks you to accept their terms i believe.
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Post Tue Jul 03, 2007 3:48 pm

Hey DPM, i'm using you if i ever need a lawyer

idk if it was legit or not, he was providing people access to play isos. But it is the people using the CF's responsibility on how they use it, its like buying a gun.
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Post Tue Jul 03, 2007 6:01 pm

Well, lawyer or not, I think I present the only possible arguments there are lol. It's a hard topic to say that custom firmware developers are "in the right" for doing so...

I still have faith in coders, possibly unknown still, but I have faith that even if Dark_Alex quits, his work will survive him.

-DarkPacMan77-
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D3ViLsAdvocate wrote:Try shaking the salt harder onto your tongue.
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Post Tue Jul 03, 2007 9:42 pm

i might just check to see if i find any agreement, i can downgrade my psp to 1.5 and use a sony update to 2.6 and if i see any user agreement ill read through it... now all i need to do is find my GTA...
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Post Wed Jul 04, 2007 7:57 am

Coward, should have went down with the ship.


But i guess avoiding a huge law suit is a intellegent decision as well.


In the end it just sucks.
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