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Post by Dan @ 04:39pm 13/01/11 | 20 Comments
Following the recent developments in the PlayStation modding scene that have resulted in exposure of the console's encryption keys -- allowing both homebrew applications and inevitably piracy -- Sony have responded with a heavy hand, pursuing legal action against over 100 hackers including the notorious George "Geohot" Hotz (of iPhone jailbreaking fame) and the fail0verflow team.

According to documentation posted by Hotz on his website Sony is accusing the defendants of violating the Digital Millennium Copyright Act (DMCA) among other acts and local state laws of California and is requesting a Temporary Restraining Order against him in an attempt to stem any further hacking progress and publishing of hack-related info.

The charges referred to are numerous, but probably the biggest example of their over-zealousness is the alleged "Intent to Extort" accusation:
Finally, SCEA will likely prevail on its claim under §1030(a)(7)(B), which prohibits “intent to extort from any person any money or other thing of value” by threatening “to obtain information from a protected computer without authorization or in excess of authorization or to impair the confidentiality of information obtained from a protected computer without authorization or by exceeding authorized access.” Hotz violated this provision when, in the same post in which the published SCEA’s Keys, he attempted to obtain from SCEA “a thing of value” in the form of employment: “if you want your next console to be secure, get in touch with me.”
Despite Hotz's often egotistical musings that have made him very unpopular among some vocal online observers, it's difficult for the average consumer to view Sony as anything but the big bad guy in this scenario.

Additionally, despite Hotz's continued contributions to unlocking iPhone hardware, Apple have yet to pursue any similar legal action against him.

Hotz, the Fail0verflow team and many of the other prominent hackers in the PlayStation mod scene have also made many efforts to display a hard-line anti-piracy ethos, claiming that their efforts are purely for unlocking the hardware for homebrew development.

Whatever the result of these legal actions, it is unlikely to have any affect on the future modability of existing PlayStation 3 (or PlayStation Portable) consoles as the cat is now already well and truly out of the proverbial bag.



playstation 3sonysuesjailbreakhackinggeohot





Latest Comments
trog
Posted 04:49pm 13/1/11
Thank you Sony, for re-affirming my years-old decision to never buy your products again until you stop acting like a giant douche.
Spook
Posted 04:56pm 13/1/11
god damnit, ill have to buy a samsung tv.
Midda
Posted 05:17pm 13/1/11
I'll be pretty upset if Sony wins this.

Not like it matters anyway. The damage is done, and there's nothing they can do to undo it. Their console is wide open for anybody to write their own code, and I'm bloody happy about it. Can't wait to see the awesome applications of this.
`ViPER`
Posted 05:23pm 13/1/11
to obtain information from a protected computer without authorization or in excess of authorization or to impair the confidentiality of information obtained from a protected computer without authorization or by exceeding authorized access


This is the part that s**** me, what protected computer? what authorisation?

If its something you purchased, its YOUR computer, and the only authorisation you need is from yourself, its not like they hacked into sony and stole data, they extracted data from a device that they owned.
Midda
Posted 05:24pm 13/1/11
Yeah, and they try to act like their EULAs are law. I'm pretty sure they've been shot down in court for that before.
Spook
Posted 05:38pm 13/1/11
yer, they are too late anyway, they wont shut this down now
Resonate
Posted 05:47pm 13/1/11
I recall just last month that microsoft tried to sue someone for two counts of breaching the digital millenium copyright act with regards to modding xbox360 consoles. Defendant argued that it was for purposes other than playing pirated games, prosecution argued that it was for playing pirated games.

Result: Judge blasted the s*** out of the prosecutors for a good 30 minutes and put the trial on hold.

natslovR
Posted 08:07pm 13/1/11
Carnegie Mellon University mirrors Geohot's site and tells Sony to come get them

http://www.cs.cmu.edu/~dst/GeoHot/
Sc00bs
Posted 07:35pm 13/1/11
Trying to suppress those rights in the Internet age is like spitting in the wind.


haha spitting in the wind, f*** thats funny to watch when it back fires
Whoop
Posted 07:38pm 13/1/11
Thank you Sony, for re-affirming my years-old decision to never buy your products again until you stop acting like a giant douche.

Seconded.
Midda
Posted 08:14pm 13/1/11
I haven't read through the documents, and I don't plan to, but this is interesting if true:

http://psx-scene.com/forums/f6/scea-vs-geohot-day-2-more-court-files-75658/
A strange tactic Sony is attempting to use against Mr. Hotz was to send him $1 via his paypal account, which was the same as his email address, to prove that he was taking donations, even though he never requested any donations at any time! -- Naughty SCEA!

Well before Sony filed any claims against him, George Hotz repeatedly posted on his site that he isn't asking for donations, and anyone saying otherwise is scamming. This is f*****g retarded if it's true.
pixem
Posted 10:03am 14/1/11
sad to see
GunnerMcDagget
Posted 10:41am 14/1/11
It's a really confusing case as there's been too many conflicting precedents set internationally.

On one hand there was the ban of modchips in the UK which was overturned a while back when the judge agreed that if a person purchased a device then they owned that device and had full rights to mod it.

On the other hand there is the recent case in which a person attempted to take Sony to court when they released an update that removed functionality (other OS) from the PS3. The judge ruled that Sony owned intellectual rights and had full right to change, modify and disable the device.

Even though this should breach several fair trade laws it set a precedent that allowed Microsoft to activate a section of AP2.5 on their consoles that corrupts files and profiles on a persons Xbox 360.

Basically if Sony wins this then it puts the proverbial nail in the coffin for consumer rights, and effectively there will be no sense of first party ownership left.
taggs
Posted 11:56am 14/1/11
It's a really confusing case as there's been too many conflicting precedents set internationally.


i would imagine international precedents are largely irrelevent, the only precedents that would matter would be the ones given in the jurisdiction/s sony are initiating this legal action under.

i am no lawyer, though.
Vash
Posted 11:57am 14/1/11
I only bought a PS3 to get access to awesome games, but i havent bought a product from them since that huge 100KG of glass and plastic HDTV they released years ago.
Heres hoping the case fails.
trog
Posted 11:58am 14/1/11
Carnegie Mellon University mirrors Geohot's site and tells Sony to come get them

http://www.cs.cmu.edu/~dst/GeoHot/
Note it's not CM, it's one of the CM lecturers (who is a total dude, he has mirrored a bunch of stuff in the past, including DVD decryption stuff).
natslovR
Posted 02:41pm 14/1/11
GeoHot interviewed on G4 today

paveway
Posted 02:52pm 14/1/11
haha what a little f*****g dweeb
tspec
Posted 10:23pm 08/3/11
Friend of mine emailed me an article with an update on all this earlier today. Seems a judge in the US has granted Sony permission to gain access to all the logs of people that have visited Geohot's website in recent times. Will be interesting to see how this unfolds, as in, whether Sony are going to do anything about the people that have downloaded this zip file.

http://arstechnica.com/gaming/news/2011/03/judge-allows-sony-to-see-ips-of-those-visiting-ps3-jailbreak-site.ars

A federal magistrate is granting Sony the right to acquire the internet IP addresses of anybody who has visited PlayStation 3 hacker George Hotz’s website from January of 2009 to the present.

Bluehost maintains Hotz’s geohot.com site. The approved subpoena requires the company to turn over “documents reproducing all server logs, IP address logs, account information, account access records and application or registration forms” tied to Hotz’s hosting. The Bluehost subpoena also demands “any other identifying information corresponding to persons or computers who have accessed or downloaded files hosted using your service and associated” with the www.geohot.com website, including but not limited to the “geohot.com/jailbreak.zip file.”
trillion
Posted 10:35pm 08/3/11
reading back through some of the pictures and whatever else that comes up with this, i think this picture of a survey that Song ran for the PSP homebrew hacking speaks to the unnecessary controls that the Japanese(?) owned Sony have on their software. If they would just have some kind of community based connection like how Microsoft have XNA and Creators Club I don't know if they would see this kind of response to their control measures

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