OtherOS Lovers You Lose – Sony Wins

Posted by GregoryRasputin , on 09/12/2011 , @ 09:12

I had just posted here a few days ago about the OtherOS case, well unfortunately, Sony’s request for dismissal has been granted, here is a quote of some of the court case.

The flaw in plaintiffs’ analogy is that they are claiming rights not only with respect to the
features of the PS3 product, but also to have ongoing access to an internet service offered by Sony,
the PSN. A somewhat fanciful, but more apt, analogy would be if Toyota sold hybrid vehicles with
an advertisement campaign touting that Toyota owners would have access to a recreational driving
facility, a no-speed limit amusement park for cars. Then, at some time thereafter, Toyota instituted
a rule that its hybrids would not be permitted in the park unless the owners allowed the battery
feature to be disabled. In those circumstances, Toyota hybrid owners who declined to authorize
disabling of the battery feature would still have fully-functional hybrid vehicles, capable of running
on an electric motor or a gasoline engine, as appropriate under the conditions. Similarly, PS3
owners who declined to install Firmware Update 3.21 still have fully-functioning devices, capable
of either being used as game consoles to play games on optical disks, or as computers, with the
Other OS feature.
While plaintiffs would characterize the ability to access the PSN as a “fundamental feature”
of the PS3 itself, it cannot be disputed that the “feature” is dependent on something outside the
actual device—i.e., the continued existence of the PSN. Additionally, plaintiffs acknowledge that
installation of Firmware Update 3.21 was entirely at the discretion of the user; indeed they have
proposed separate subclasses for those who did chose to download it and those who did not. The
choice may have been a difficult one for those who valued both the Other OS feature and access to
the PSN, but it was still a choice.
Under these circumstances, it cannot be said that Sony “unilaterally took away a
fundamental feature of a product after that product [was] sold to a consumer.” Rather, Sony
unilaterally imposed a requirement that PS3 owners who wanted continued access to the PSN
service would have to allow the Other OS feature in their machines to be disabled. As a
consequence, for Sony’s conduct to have been in any manner wrongful, it is not enough for
plaintiffs to show that they have a right to expect continued availability of the Other OS feature
beyond the warranty period, but also a right to continued access to the PSN.
Nothing in plaintiffs’ factual allegations or their arguments is sufficient to support a
conclusion that Sony has any obligation to maintain the PSN in operation indefinitely. Had Sony
elected to shut down the PSN entirely, and for some unknown reason then offered PS3 owners the
option to disable the Other OS feature on their machines, users who elected to do so would plainly
have no claim for loss of the OS Feature.1 Nor would it be sufficient for plaintiffs merely to say
that, having elected not to shut down the PSN entirely, Sony had no right to limit access to the
service to those who agreed to disable the Other OS feature. This is not a discrimination case, and
nothing in plaintiffs’ factual allegations supports the existence of a legally enforceable duty on
Sony’s part to refrain from altering the conditions under which users are permitted access to the
PSN.

It ends by saying:

The dismay and frustration at least some PS3 owners likely experienced when Sony made
the decision to limit access to the PSN service to those who were willing to disable the Other OS
feature on their machines was no doubt genuine and understandable. As a matter of providing
customer satisfaction and building loyalty, it may have been questionable. As a legal matter,
however, plaintiffs have failed to allege facts or to articulate a theory on which Sony may be held
liable. The motion to dismiss is granted, without leave to amend. The motion to strike is denied as
moot. A separate judgment will issue.
IT IS SO ORDERED.
Dated: 12/8/11
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

Source

You can read the full PDF, which contains the back story and reasons for dismissal:
Download

To end this story, is it really a surprise that Sony won ?

Sony PS3 OtherOS Class Action Update

Posted by GregoryRasputin , on 05/12/2011 , @ 09:12

It has been quite a while since we spoke of the OtherOS lawsuit, i wrote here of how Sony were planing to dismiss the case, then in July 2011 the court case continued, with that hearing just recently being brought to light by the awesome Groklaw,here is a part of that hearing:

THE COURT:
– the big difference between the last complaint and this one, in terms of an item that is being
presented as a basis for these claims, particularly the express warranty claim, is the statements by Mr. — I think his name is
“Harai” — about the life cycle, if you will, of the PS3. And I suppose my question is: Aren’t you expecting
that statement to carry an awful lot of water here, in terms of providing any kind of warranty that the Other OS function is
going to be maintained in seeming perpetuity, and in no way will be affected going forward; at least, with respect to this ten-year period that you’re identifying? It’s a very general statement about the market cycle of a product. And to transform that into the flagship of your warranty claim seems
to be expecting a lot out of that statement.

MR. QUADRA:
Well, your Honor, let me at least clarify one point. Our allegation is not that it is a market-cycle statement; that, in fact, it refers to the life of
the product, itself. When it was first made, that specific statement in its entirety, which I believe — the defense counsel sort of cut part of the quote — goes on to say that they’re not envisioning putting out a new product, because they purposely make their products to last this period of time.

You can read the full article at the source here.

Or you can download the PDF here at PS3HaX.

[Exclusive] Another Interview With Gitbrew

Posted by GregoryRasputin , on 28/10/2011 , @ 02:10

Its been a few months since we interviewed Gitbrew, unquestionably the best and most important group in the PS3 Scene, they have been responsible for so many advances in the PS3 scene one of them being the restoration of OtherOS, much has went on since we last interviewed the guys at Gitbrew, so Pockets69 and myself(GregoryRasputin) decided to throw a few questions together, here are the responses to those questions:

(Q.1)
So it has been a few months since the last interview, what have you been doing since then.

Durandal
A lot. Our console development efforts are even more intense than they were when you last interviewed us, and we are proud to announce that we have been
joined by refugee developers from git-hacks. Not only do we get to benefit from having these talented developers working with us, but this merge also adds
about 11 gigs of source code to our git repositories. Sorry for the downtime, but when it’s back up it’ll all be worth it.

I’ve also branched off from console development for a bit in order to focus on developing solutions for secure, survivable, and covert communications and
infrastructure for hostile environments, as well as intelligence collection and forensic tools that will support and assure the security of these networks
and their users. We are partnering with other Global-level groups to provide these tools as quickly as we can to the various Occupy movements sprouting up
all over the world. With the help of Iadnah and others in the community we are proud to announce our first release: occupyOS. This secure, no-frills-added
OS can be booted from either cdrom or usb and provides a safe environment activists can use to communicate, publish documents, and perform other necessary tasks
using whatever hardware happens to be available at the time. More information is available at: wiki.gitbrew.org/wikibrew/OccupyOS

Snowy
Quite a bit as durandal said, I’ve been trying to clear up what happened over the last incident. We again apologize for that and have been working as best as we can in making a proper rsx driver, instead of just documentation. I’ve been trying to help developers out there that are in need of proper documentation as well as the supplys (vnc’s and/or servers to properly test their stuff) As well as hardware to test their applications on. We’ve been quite busy organizing things together and helping as many people as we can along the way. I’m glad to be helping in anyway possible to a developer in need. I had to sell my ps3 so currently most development on my side is on hold until then. Until then, I will just be helping out developers .

(Q.2)
Your work was posponed due to durandal needing an operation, how is he doing

Durandal
I feel better than I have in years. Sorry about the downtime…I’ll do everything I can to make up for it.

Snowy
I’ve known durandal for a few years, and i can say that he’s doing a lot better then ever.

(Q.3)
The scene as you no it, is full of drama, we have a team of wanabe devs known as Team PS360, do you think they will eventually crack the ps3.

Durandal
Positively… We can all sit back and relax now knowing that ps360 will save the ps3 scene, release 3.70+ keys, and hack the gibson. Oh wait…
you were serious? We used to have a saying in the blackhat community: code or stfu. I think that sums it up. To be honest, if most of these groups and individuals spent half as much time researching and coding as they spend bickering over pirate/anti-pirate and who’s this month’s ps3 scene godfather, they could actually “save the ps3 scene” like they claim to want to do.

Snowy
As durandal has said, Code or stfu. I don’t doubt any of them have any coding experience, I don’t doubt that they know partially what they’re talking about. I doubt the fact we haven’t seen anything from them. I wish them luck though, and if any of them needs help then so be it.

(Q.4)
Recently glevand unlocked some more of the RSX`s potential, how close is he to ripping it wide open.

Durandal
It’s already ripped wide open. Through the resources and synergistic development gitbrew offers, glevand was able to write a ps3fb replacement that takes
advantage of all three FIFO pipes to maximize the amount of data throughput from SYSTEM memory to the RSX. Unfortunately our git is down while we take on
the refugee developers from git-hacks. When the new Gitorious-based repository is up, we’ll dump everything into it. Until then, feel free to download both
the kernel module and userland app at: gitbrew.org/~glevand/ps3/linux/ps3rsx_kernel.tar.gz and gitbrew.org/~glevand/ps3/linux/ps3rsx_user.tar.gz
Both files are needed to run the new ps3rsx graphics driver, and I want to assure everyone that no lv1 calls were hurt during the development of this much-needed
driver.

Snowy
He was having a bit of trouble, but actually looked at the documentation that was released and actually fixed the problems he was having. How’s that for irony?

(Q.5)
what do you think about the new method of getting the per_console_key?

Durandal
Glevand and many others have been working feverishly to develop methods of obtaining this key. It’s nice to see it’s paid off. I’m looking forward to a day when
the PS3 is as open a development as the PSP.

Snowy
One step closer, sooner or later ibm is going to finally send a cease and desist. We’ll put that right up next to dasmoovers sign.

(Q.6)
Do you have anyone working on an easy to use tool for the key? we are already used to gitbrew pkgs XD

Durandal
If we weren’t, we’d have to quit gitbrew and join PS360….

Snowy
I’m pretty sure anything related to the rootkey, we might leave out just so that people actually learn how to get their own keys. As a sort of accomplishment type thing, but eventually there will be simple pkg files released to do it.

(Q.7)
What next projects are we going to see from gitbrew regarding the ps3 scene? can we see some sort of “one day one announcement”, like you did a couple of weeks ago?

Durandal
Well RSX is taken care of, NPDRM is getting very close to being irrelevant, and I’ve heard there’s almost usable versions of psl1ght floating around. I guess the next really big thing you’ll see is the release of the gitSkeet flasher. We teamed up with progskeet and rebug to create a special edition of the progskeet2 that will have solderless clips and the kind of support and documentation only gitbrew is capable of providing. It also gives us an opportunity to branch out into the actual hardware exploitation as well. As far as having announcement a day weeks, expect to see more of them in the not so distant future.

Snowy
Ah the one day one announcement might end up as something a bit different (As a lemon twist as richlando has once told me). We might release something soon, but it will be more planned out next time.

(Q.8)
what else is everyone from gitbrew working on, that you are allowed to mention of course?

Durandal
We’ve got active Android and iOS dev groups working on various projects, and iadnah and I are spearheading the Global Occupy development effort. We’re also accepting hardware donations for use by the various Occupy movements. While all this is going on, Snowy and euss are diligently working to document and publicize everything being done. Without the two of them, gitbrew wouldn’t be possible. Due to the nature of gitbrew, I’m sure there’s other dev teams working on other awesome projects, so expect some big announcements over the next several months.

Snowy
Quite a bit still, i’m only helping 3-4 groups atm, but might turn into more or might turn into less. We might take a look at the frankenstein sdk again. Lets just hope i can figure out how durandal originally made it work.

(Q.9)
What is your thought on the recent discoveries on the ps3 scene?

Durandal
Imagine, if you can, being basically bedridden for the last four months and waking up to all this. I think 2011 will go down as the year the PS3 finally got the attention it deserves. I’m amazed at just how much development is going on, both inside gitbrew and in the community at large.

Snowy
Theres a few things i want to be seen done, but i’m not picky.

- A.)
psx backups working

Durandal
This one wasn’t really a surprise, but it’s still really awesome to be able to play some of those classics without digging out a 10 year old CD and hoping it’ll play on your dusty PSX. Thanks for giving me the chance to finally have that Twisted Metal rematch, and with much improved resolution.

Snowy
Once iso backups from a drive is done, I’ll be happy about this. Most of my psone games are far too scratched to even boot now.

- B.)

duplex releases of cracked psn games

Durandal
If they could keep their network up and not illegally store customer data, people might actually pay for the games. Maybe Sony shouldn’t hire Kevin Mitnick to secure their network.

Snowy
I’d actually like to congradulate them on it, someone was smart enough to hit sony again. Next time sony, hire ibm to actually do the rest of the security for your console.

- C.)
mallory and juanadie releases on the npdrm keys.

Durandal
We’re proud to call mall0ry a gitbrew developer. I can’t wait to see what else he comes up with.

Snowy
As durandal said, awesome dude. Glad to have him aboard. Juanadie, you’re also more then welcome to join or idle in the irc. It would help a lot as well as spark more interesting ideas, never know.

- D.)
The new jb2 dongle AKA true blue.

Durandal
I’m always very wary of dongles. Usually they’re just a ploy to make a buck, and these days it doesn’t take long for someone to reverse what the software they’re trying to hide does. Expect to see the same happen here. If we want to deter others from trying to peddle their software in a dongle form, we should make a point of reversing a dongle’s functionality
and implementing it in a package. I’m sure that group paid a lot of money to get all those dongles made, and they’d hate to see that money go to waste.

Snowy
Yet again as durandal said, dongles are dongles, regardless someone is going to take a crack at them and release a free version of it. Cobra hasn’t even been touched by most of the developers, and those who have touched it don’t really care for piracy. I would like to thank dean for taking the first step in making psx backups working though, a small step but none the less towards the proper direction for the scene.

To be continued……….

Pockets69 & GregoryRasputin
Thanks for taking the time to answer the few questions, you guys are awesome <3

durandal & Snowy
Thanks for taking the time to talk to us. Without communities like ps3hax, none of this would’ve been possible.

With the interview over, i would like to personally request something from each of you and that is to send the guys at Gitbrew a little donation, it can be as little as $1, if one hundred people donate only $1 each, that’s $100, which helps a huge way to covering server expenses and it shows that you appreciate the work they do, this donation request does not come from Gitbrew, nor have they asked me to post this, it is a request from me(GregoryRasputin), as i think they deserve all the support they can get.

To donate, please follow this link.
To donate to graf_chokolo egorenar@gmail.com

For help from or to work with OtherOS visit them on IRC here:
gitbrew.org
ssl
6697
Join #otheros

Follow Gitbrew On Twitter

WikiBrew.

And lastly Thank You durandal and Snowy for taking the time to answer these questions and thank you to Gitbrew for doing what you do in the scene.

Gitbrew: FreeBSD Live CD with partial RSX driver support

Posted by Pirate , on 13/09/2011 , @ 05:09

Recently Gitbrew told us about their partial RSX driver in the works. Today they have tweeted about the release of FreeBSD LiveCD supporting resolutions upto 1920×1080 with the obvious partial RSX driver (PS3 “graphics card”).

This is for those interested in Linux on their PS3, nothing related to CFW or PC games running on PS3.

Their site might be hammered at the moment with high download amounts, but you can download the ISO for the CD right HERE. To learn how to get OtherOS++ on your PS3 read THIS.

Wlan Now Working On Slim PS3′s

Posted by GregoryRasputin , on 10/09/2011 , @ 11:09

The awesome glevand has managed to get wlan working on slim PS3′s using using the OtherOs++ function, here is a quote from the source:

Wlan now working on slim ps3s. git.gitbrew.org/repos/?p=ps3/ps3linux/ps3-jupiter.git;a=summary Linux based for now. Freebsd and petitboot with wireless to come next.

Source Twitter

[Update 2] EXCLUSIVE: PS3 RSX Linux Kernal Module

Posted by GregoryRasputin , on 06/09/2011 , @ 08:09

You remember when Gitbrew asked for donations and said they would release the RSX drivers for the PS3, they later released a few documents with information regarding the RSX, which led to a certain someone starting a conspiracy theory, claiming that “Gitbrew were scamming people” yaddy yaddy ya, which led some of Gitbrews followers to question Gitbrews integrity, people were blinded to the real story, durandal and glevand were working hard on releasing the RSX driver, but durandal was quite ill, problems with gall stones/kidney, which resulted in him being rushed to hospital, but this didn’t stop the uncalled for hate and abuse, anyhow, i will stop with the ranting and give you this awesome news, brought to you exclusively at PS3HaX by our very own daxgr, here is a quote from the offical thread:

Well I am pleased to announce that RSX Driver for FreeBSD is released. The RSX driver is the product of hard work by durandal and glevand, who gave up many hours to accomplish this. So here you go, the link for the RSX driver: git.gitbrew.org/~glevand/ps3/linux/ps3rsx.tar.gz

On a side note, may I add that contrary to public belief for 5 YEARS, the RSX doesnt not rely on DMA to process graphics, but rather uses PPU instructions to push objects to RSX VRAM. So… yeah another breakthrough by the team who scammed everyone…. Gitbrew.

PS: To all those who started complaining about this noble effort to enable RSX on OtherOS(/++) , such as “gitbrew is a scam” or “they are just SDK samples”, check out the date of the file.

Gitbrew was always about developing things for developers AND users alike.
Sadly, users don’t always appreciate the effort, a simple omission to include the release URL, that was due to durandals medical condition and glevans personal issues, seems to be enough…

Well keep that in mind, Gitbrew gave their word to release a RSX driver and succeeded; anyone who had cared to browse glevands directory WITHIN 24 HOURS of the donations would have seen it.

Regards,
daxgr@Gitbrew

I will say on behalf of PS3HaX, on behalf of the decent PS3 Scene members and even on behalf of the haters, THANK YOU GITBREW

> Release thread at the read more link, or click here.

Stay tuned for more exciting updates, right here at PS3Hax!<">