A couple armchair-lawyer comments:
PS3 Jailbreaking is probably illegal under the DMCA, but the boundaries of those restrictions are fuzzy because the wording of the law sucks really hard and some judges are hesitant to apply its full force. The thing that really seems to kill us, oddly enough, is that there's no legitimate commercial use of the jailbreak (i.e. there is no legitimate competitor to Sony that is using jailbreak to gain access to the PS3 market). The fact that it theoretically enables legit homebrew is unlikely to have much relevance to the legal argument. Most people unfamiliar with the DMCA assume that jailbreaking for legal purposes must be legal. Unfortunately, that's not how it works. Bypassing an access control mechanism is illegal unless you're doing it for an exempted purpose. There is a list of things that the law itself exempts, and the list of things exempted by the Librarian of Congress. These exemptions are fairly narrow and come with their own restrictions. If you do it for any other purpose, it's illegal (unless you successfully argue that the system you've circumvented does not legally qualify as an access control measure, or that your actions do not legally qualify as circumvention; there is reason to believe that this might be possible with legitimate homebrew, but I wouldn't count on it).
Under the DMCA, Sony can probably go after anyone who markets AVR/PIC/etc. dev boards for PS3 jailbreaking purposes. They can't stop generic ones at the source if the producers only market them for non-jailbreak purposes, but if you e.g. buy a bunch of AT90USBKEY boards to resell and then advertise on PSX-Scene or pay someone to post here mentioning you as a vendor, you're pretty much fair game as I understand it.
That comment about them getting a discount was actually a sarcastic remark. I forgot the :lol:
Another week, and time for another PS3 Wikileaks special!
Please see this new thread now: