Sony has filed a lawsuit against the hackers who figured out how to bypass the PS3's security keys and then posted the keys online for the public to see and use. The keys allow users to run software that has not been approved by Sony such as custom firmware, homebrew programs and pirated games. Sony Computer Entertainment America has called out George Hotz, the original iPhone hacker, and the hacking group who made the discovery, fail0verflow, in the lawsuit. George Hotz recently appeared in court with his attorney to file a response.
In Sony's initial claim, they seek "injunctive relief and damages, accusing the hackers of breach of contract, tortuous interference with contractual relations, trespassing, common law misappropriation, and violating the Digital Millennium Copyright Act, the Computer Fraud and Abuse Act, the Copyright Act, and the California Comprehensive Computer Data Access and Fraud Act." On top of all that, they are accusing the group of conspiracy on the grounds that they worked together and encouraged others to break the PS3's security measures.
Sony is also requesting a temporary restraining order that would prevent the accused from continuing their efforts to circumvent the PS3's security barriers. The restraining order would keep them away from anything necessary to further their hacking efforts, mainly their computers and PS3s. (What if they just really want to play LittleBigPlanet 2?)
The plot thickens as George Hotz and his attorney appeared in court this week to address the restraining order in a statement. "This case is not about Sony Computer Entertainment America LLP attempting to protect its intellectual property or otherwise seek bona fide relief from the court. Rather, it's an attempt for Sony to send a message to any would-be individual that attempting to use any hardware it manufacturers in a way it does not deem appropriate will result in harsh legal consequences, irrespective of any legal basis or authority for such action."
Check out George Hotz discussing the matter on last night's Attack of the Show.
Some of the complaints Hotz's attorney had with Sony's suit was that it was filed with a Northern California court when George Hotz lives in New Jersey. Another issues was that Sony cited Hotz had agreed to the terms of service and user agreement that come with signing up for the PlayStation Network. Hotz, however, under a sworn affidavit claims he never made an account. Thirdly the attorney points out that Sony's claim that Hotz is financially benefiting from the PS3 is false as the only "donation" was made by Sony.
The attorney ended with, "Sony, through its marketing of the PlayStation computer has touted its versatile ability to do more than play video games, and yet, this is the crux of Sony's argument as to why the system cannot be treated like the computer that it is. The PlayStation computer has the ability to play films on Blu-ray discs and other media and it has the ability to access the internet and play music and a myriad of other features. All of these additional features can be enhanced by an end user's ability to install and run third-party software on the PlayStation computer. Instead of pointing out the possibilities in innovation and enhancement to the PlayStation, Sony has instead chosen to quote internet chat boards and other unauthenticated hearsay sources to demonstrate the 'truth' of the matter asserted: that 'jailbreaking' the PlayStation computer has no use other than to play pirated, copyright-protected, video games."
Both sides have interesting points, and Sony certainly has to do something to protect the PS3. Learning more about the technology, and eventually hacking might be an inevitability but Sony has to take necessary steps to make sure the integrity of their product is safe. Are these lawsuits the right actions?
Source: GameSpot
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gamerjes
A little bit of overkill with that laundry list of charges, don't you think? Can you say "toss everything at the wall and see what sticks"?
lowkevmic
I don't know why anyone would be upset with this. At the end of the day, if you buy a product and feel like hacking it for whatever reason then why not?? You paid for it, you also understand that if you do hack your product you voided the warranty, so why should this be illegal?? If Sony or anyother company want to go after anyone, go after the makers of pirated games and emulators, those are the ones stealing from a developer of software company. He will win this case just like he did with the Iphone.
Luck702
Sony is so wrong in this. The new update they used on the new ps3's makes it so the internal access code isnt random, and can be found all over the internet. They shot themselves in the foot and this new generation of ps3's are unfixable on sony's part. Geo should easily win this lawsuit if only by the fact that his jailbreak doesnt support piracy
T_Rexx
T_Rexx's comment is abusive and has been removed.
shmaron
To everyone claming its Sony's fault for not making their security better, if I shot and killed you, could I blame you for not having bulletproof skin?
And, to claim this isn't about piracy is ludicrous, cause they're broadcasting this all over the internet. To claim that it won't lead to piracy is ignorance, no matter what Failoverflow's intentions. Piracy is bad for every gamer in the end, because the industry hurts for it. If used game sales have a poor effect on the developers, imagine how bad pirated games will. I hope Sony wins. They deserve justice.
pingerdinger
thank you sony for convincing me into trying the hack
Jhonax
the solution (i think) would be for Sony to make a program that detects if the PS3's security protocol has been compromised the moment that it signs in to the PSN... or something that determines if the game file has been tampered with, hacking the PS3 is usually caused by the want or need of a person to run stuff that the unit can not, or to have an unfair advantage in the game they are playing. if its not an online multiplayer game it doesnt even become a problem, but if you see someone on the virtual world killing you with a very out of that world weapon or indestructible armor then that becomes an issue.. im just saying, we bought the darn thing, every cubic inch of that unit is ours to do whatever the hell we want with it... we could hack it, burn it, use it as toilet paper.. just as long as we dont bother other people from enjoying the game in online multiplayer...
pirated games is only for cheap-ass gamers...
Socrates'sMind
I see both sides here. I have to agree with Hotz here. I mean we are paying Sony to buy their product. We should have every right to do what we want to it. We are not renting it from Sony we are buying it from them. If Sony wins this case it puts out the message that we are just renting their hardware. If that's the case then forget Sony. I am not paying that much money just to rent something. Sony just need to cool it and let it go. If anything it might increase their sales from people wanting to buy PS3s.
ImpurestCrowd
I can see Sony winning this battle, They can hire the worlds best attorneys compared to some 2-bit hacker. They have the resources to back them up, can this guy say the same?
rugggg
I don't see this ending well for Sony, had they not denied people something they were promised during the very start of the PS3's existence, this would've never have happened. All people wanted to do was run their own software, which PS3 allowed you to do. You take that away, you create a black market since there will always be hackers and PC geeks who want to run their own operating system and what not on it. It's sony's own fault, and they should lose.
Symicide
They should of just been legitimate and worked at the FBI or maybe CIA. If they loved games so much they should of gotten in the industry.
Gyrorobo
Big surprie... $ONY has always been in it for the money, so why not sue over something that everyone wants anyway, they cease to amaze me.
sarid
dear sony
if you actually think you are protecting your system in this manor yo uare wrong, if yo uwant to stop people from hacking your system then you need to listen to your consumers by adding in the features that we are asking for every day.
also when you sued this guy for not even breaking the law you are saying we are paying you for a ps3 just to rent it, look at the microsoft for a second, they dont care if you hack your system, they just shutdown it's online capability that way you dont effect everyone else by implementing hacks and winning every match.
if you seriously dont want people to hack your console, then stop making it is what it boils down to because people have paid good money for their ps3, you only have the right to deny them access to playing online, nothing else.
signed by player still waiting for his f'ing cross game voice chat
GFY Red King
all i got to say is you dont see microsoft bringing the people that hacked the kinect in 3 days. im just saying. we all know how MS feels about that stuff and they are letting it run ramped. loosen up sony.
megamanxzxz
to everyone who is blaming Sony for not making their console secure enough, remember this saying: "If it is man made it can be man broken." It took this long for the hackers to crack the console so kudos to Sony for making the most secure system. But given enough time and resources u can hack into anything.
CramitDeFrog
I would think "hacking" the PS3 will enhance the appeal. I know many people that enjoy to have the freedom to customize their own equipment. Hopefully, the courts will side with Hotz in this case. To me, I don't think Sony has traction with Hotz allegedly not signing the end user agreement.
JustTheBeginning
Sony will most likely lose as the lawyer is right, the PS3 is just a fancy computer. The consumer owns the hardware so there is nothing illegal about modifying it, especially since GeoHotz himself does not condone illegal piracy. Although by distributing "keys" he is actually promoting the use of manipulating Sony's own software, not just hardware, so maybe they can win.
I do not think it will become a huge issue for Sony though. The PS3 can check for "user agreement" breaking software as soon as the PS3 turns on if its connected via wi-fi or ethernet. It does not even need to be signed into the PSN, which will get a lot of pirating fools caught, and make the Other OS feature they said was the main purpose of the hack useless without internet access.
ThataUFO
That hackers got brass ones to show up in court.
Number216
Sony's fighting a losing battle, especially after the Library of Congress ruling last year that made jailbreaking legal.
Piracy is another issue altogether, but Sony cannot put that blame on Geohot (as much as they want to)
Atavax
Sony messed up by making their console capable of being hacked in this way. The fault is not with the hackers that attempted to make hardware they bought even more versatile then it already was. If the hackers damage the ps3, themselves, or property with their attempts to hack, i would completely blame them; but thats not the issue. The hackers bought a piece of hardware, the hackers modified said piece of hardware. The hackers broadcasted the results of said MOD. They have every place to modify hardware they own as long as they aren't putting people's lives in danger and as long as the mod they announced have uses that are not illegal, such as installing Linux on the PS3.
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