I was waiting for the law to catch up with the internet...
..and it seems things have started.
The youTube stuff seems like a test case for me. If you think about it if they allowed this to stand (and not throw it out straight away like it should do) then that pushes that it's a criminal intent to look at content - i.e. premeditation before a crime - but proof when you actually comment that you have intent.
Correct me if I am wrong, but I think you can get into trouble if you are seen to have criminal intent - e.g. go to a gun shop, look at guns, talk about shooting people, etc.
This is a bit of a problem however because surely you are allowed to say 'hey that's cool' or 'omg!' without getting in any sort of trouble. You don't watch Mafia/Action films where they show killing people and when you comment on it, you have no intent of going though with anything - you just say it's cool (which is ironic isn't it mr sony aka MPAA? Circular suicide potentially :-) ). Also you may just be looking for PS3 material and land on this page - there is absolutely no intent there. Also a lot of people wont understand the full implications of what is being displayed, and a lot of people are minor's and therefore there is no contractual meeting of minds. In fact I bet 99% of PS3 owners have not read the latest terms and conditions and 100% agree even though they are effectively being blackmailed (i.e. agree or you cannot play this anymore, you cannot sell it for the same value or refund it ether outside of warrantee)...
I think this feels to me that it is not an intent issue and therefore the case should be thrown out. A couple of things - you buy hardware, you have a right to do what ever you want with it after. You don't rent the device, your not under contract so you should have the right to modify however you see fit (so rooting should be allowed if your capable); just because people comment does not mean it is real (sometimes it's a showing off type thing - the internet is less tangible so comments are likely to be more extreme and that should be taken into account).
Big coorp's and now gov's (thanks to Tunis/Egypt, gov's are now scared) will want to quash things as much as possible. Enjoy the freedom while you can....
They seem to have the opinion that the line must be drawn with the free, intangible internet. It does seem worrying that the line is getting closer to being a small circle of what you used to be able to do but cannot any more. Take twitter blogging - they are closing the freedom of speech down.
Nothing wrong with SSH tunnels and international proxy's, let alone anonymous web browsing and firewall stealth modes...
Because I have commented here, does that mean I could be sued? I have no intent - I don't use a PS3 for the main reason that it is too closed. A little linux box under the tv does the trick for me.... but because I have a viewpoint that is in disagreement with a big coorp, I now must hide :)