Good god man, calm down, it's not an excuse. Everyone knows the exemption in the DMCA is specific to phones, but like the guys said, this is really similar and should be added (just like for almost any other software/hardware pairings). You have a hardware. You have a software. Guy uses hack to add functionality to said hardware/software packaging.
What was so special about it being a phone? It can make phonecalls (voice chat!) and is highly portable (well, that's harder for a PS3). Otherwise, how was it so special? Why was it given this treatment yet other hardware/software pairings are ravenously rejected by people like you? I honestly want to know why.
I would also like to know why.
It's a broken record excuse. Check other threads here on the same topic and you'll see the same pattern: "We should be able to do whatever we want since it's just like jailbreaking". One reason I could see cellphones having an exception is for people who want to switch from one carrier to another that uses compatible tech (GSM to GSM based carrier or CDMA to CDMA based) and don't want to get double-dipped to move the phone over.
All I'm saying is people need to quit spreading bullshit. If people want to include consoles on the exceptions list, then they need to make a compelling argument to the Library of Congress, who has the power to make that change. FWIW, I don't like the DMCA anymore than the next person due to its draconian nature, but unless it's repealed for a better system that protects IP without screwing everyone else over we are stuck with it.
The other solution is to completely eliminate the Sony software on it and have a "cleanroom" alternative installed so that Sony can't complain, other than not letting you on the PSN (one probably couldn't get onto the PSN anyway with an alternative).
Because unlike phones, Sony's entire business model revolves around the sale of software. I know of no one that cares about hacking phones, it hurts no one. In this case however there are damages. Damages to the software developers, sony employees, users on PSN, etc.
Software, accessories and subscriptions (and I suppose devkit sales too).
