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Sony Subpoenas (Not Sues) Additional PlayStation 3 Hackers In Lawsuit

P

phosphor112

Banned
This seem to have warranted a new thread. The other thread was strictly about Geo and Failoverflow being sued.

Sony attempts to add several people to their lawsuit by subpoenaing others into the case . Legal doc quoted below. Skip ahead for TL:DR.
>Original Source
>Multi Upload of Legal Docs

  • 11. SCEA has leave to serve a subpoena with a shortened response time on
    PayPal, Inc. for information concerning the accounts of Defendant Hector Cantero
    (“Cantero”), Defendant Sven Peter (“Peter”), Defendant Doe 1 Bushing (“Bushing”),
    Defendant Doe 2 Segher (“Segher”) and “kakaroto,” for a response within five days after
    service.
  • 12. SCEA has leave to serve a subpoena with a shortened response time on
    Twitter, Inc. for information concerning account holders Cantero (“marcan42”), Peter
    (“bl4sty”), Bushing (“gnihsub”), Segher (“pytey”), and “KaKaRoToKS,” for a response within
    five days after service.
  • 13. SCEA has leave to serve a subpoena with a shortened response time on
    Geeknet, Inc. for information concerning Slashdot.com account holders Cantero
    (“marcansoft”) and Bushing (“bushing”), for a response within five days after service.
  • 14. SCEA has leave to serve a subpoena with a shortened response time on
    Kickstarter for information concerning account holder Bushing, for a response within five
    days after service.
  • 15. SCEA has leave to serve a subpoena with a shortened response time on
    Github.com for information concerning account holders “hermesEOL,” “kakaroto,”
    “kmeaw,” “waninkoko,” and “grafchokolo,” for a response within five days after service.
  • 16. SCEA has leave to serve similarly targeted subpoenas with a shortened
    response time to any third party who SCEA learns may be involved in the circumvention
    and/or offering to the public, posting online, marketing, advertising, promoting, installing,
    distributing, providing and otherwise trafficking in any circumvention technology, product,
    service, method, code, software tool, device, component or part thereof that circumvents
    the technological protection measures (“TPMs”) in the PlayStation®3 computer
    entertainment system (“PS3 System”), including but not limited to the Elliptic Curve Digital
    Signature Algorithm Keys, encryption and/or decryption keys, 3.55 Firmware Jailbreak,
    dePKG Firmware Decrypter, Signing Tools, root keys and/or Fail0verflow tools, and/or any
    other technologies that enable unauthorized access to and/or copying of PS3 Systems and
    other copyrighted works that are accessible through or compatible with the PS3 System,
    for a response within five days after service.
  • 17. SCEA has leave to serve similarly targeted subpoenas with a shortened
    response time to any third party who SCEA learns may have knowledge of the
    circumvention and/or offering to the public, posting online, marketing, advertising,
    promoting, installing, distributing, providing and otherwise trafficking in any circumvention
    technology, product, service, method, code, software tool, device, component or part
    thereof that circumvents the TPMs in the PS3 System, including but not limited to the
    Elliptic Curve Digital Signature Algorithm Keys, encryption and/or decryption keys, 3.55
    Firmware Jailbreak, dePKG Firmware Decrypter, Signing Tools, root keys and/or
    Fail0verflow tools, and/or any other technologies that enable unauthorized access to
    and/or copying of PS3 Systems and other copyrighted works that are accessible through
    and compatible with the PS3 System, for a response within five days after service.
Click to expand...

  • TL;DR list of people that Sony is targeting:
  • Hector Cantero (Marcan)
  • Sven Peter
  • Bushing
  • Segher
  • kakaroto
  • kmeaw
  • waninkoko
  • grafchokolo
  • to any third party who SCEA learns may be involved in the circumvention and/or offering to the public, posting online, marketing, advertising, promoting, installing, distributing, providing and otherwise trafficking in any circumvention technology, product,
    service, method, code, software tool, device, component or part thereof that circumvents
    the technological protection measures
 
S

Stinkles

Clothed, sober, cooperative
I realize it's a serious matter but the idea of 'GRAFCHOKOLO-GATE' is weirdly amusing.
 
iNvid02

iNvid02

Member
they'll eventually give in like apple did, its just a matter of how long they wanna kick and scream for
 
M

Mama Robotnik

Member
They're getting increasingly pathetic, aren't they?

Throwing lawyers at their problem is not going to make it go away, especially after Apple's failure at the same loathesome strategy last year.

Unfortunately its probably way too late now to renable OtherOS and give the hackers their (legitmately purchased, privately-owned) playground back, which might have at least made some difference those months ago. Even if the impact of that was negligable, it would certainly have been more fruitful than a legal bombardment based solely on intimidation.
 
M

Man

Member
Mama Robotnik said:
Throwing lawyers at their problem is not going to make it go away, especially after Apple's failure at the same loathesome strategy last year.
Click to expand...
3.56 did though. The random function was fixed and all games going forward must be signed with the new keys, old games are white listed.

People can still buy consoles on shelves and hack them but they can't go online on PSN (without updating to 3.56 which puts their accounts/console in great risk), consoles produced today can't be hacked and games going forward will require 3.56+.
 
A

angelfly

Member
Wow so people that got involved after are now being called in to the current case. Marcan and Waninkoko are is Spain and isn't kmeaw in Russia? I doubt they fall under the DMCA.
 
F

Foffy

Banned
Man said:
consoles produced today can't be hacked and games going forward will require 3.56+.
Click to expand...

They probably will with some exploit. Remember the new PSP models that would come out, claim to be unhackable, and have some hiccup that let them get hacked? The time it will take may be a long time for new PS3s, however. I wouldn't be shocked if we didn't see a major mainstream hack like this again until Sony is on a new hardware platform.
 
A

angelfly

Member
phosphor112 said:
That's what I want to know. This documents broad outreach includes a lot of people from the CFW thread.
Click to expand...
That last bit is a bit ridiculous. It includes anyone even posting of it's existence.
 
P

phosphor112

Banned
angelfly said:
That last bit is a bit ridiculous. It includes anyone even posting of it's existence.
Click to expand...
I don't think it's that broad. Of course it might be interpreted as such, but I don't think that was their intent.

Momo said:
Whats the story behind this?
Click to expand...
Correct me if I'm wrong. He posted a CFW that bricked lots of consoles, forcing people to buy new ones.
 
P

pharmboy044

Member
Joey Fox said:
Will NeoGAF fight for the rights of its members, if subpoenaed?
Click to expand...
Nothing personal but if you hack your PS3 and go on PSN, you deserve the banning.
Now if your caught distributing the tools to hack your PS3, that I'm not sure about.
 
F

FunnyBunny

Member
I'm late to the part on this, but if jailbreaking an iPhone is deemed legal by the courts, why would jailbreaking a PS3 be illegal?

It's the same principal, right?
 
S

Speevy

Banned
everyone.gif
 
N

Neuromancer

Member
Joey Fox said:
Will NeoGAF fight for the rights of its members, if subpoenaed?
Click to expand...
NeoGAF TOS said:
D. We reserve the right to reveal your identity (or whatever information we know about you), typically in (but not limited to) the event of a complaint or legal action arising from any message posted by you.
Click to expand...
.
 
L

linkboy

Member
FunnyBunny said:
I'm late to the part on this, but if jailbreaking an iPhone is deemed legal by the courts, why would jailbreaking a PS3 be illegal?

It's the same principal, right?
Click to expand...

Except jailbreaking an iPhone (or any other type of phone) wasn't deemed legal by the courts. An exception to the DMCA was added by the Library of Congress, which is required to review the bill and add any exceptions every 3 years.

http://en.wikipedia.org/wiki/Dmca#Anti-circumvention_exemptions
 
N

N.A

Banned
Seeing as un-gimped Linux is now working on jailbroken PS3's and will be released in a few days I guess anyone who is sued will at least have a decent legitimate reason they can use for defense.
 
P

phosphor112

Banned
N.A said:
Seeing as un-gimped Linux is now working on jailbroken PS3's and will be released in a few days I guess anyone who is sued will at least have a decent legitimate reason they can use for defense.
Click to expand...
Wouldn't that be a separate case to bring that up in or would they be able to do a counter sue? There is already a class action against Sony... so idk how a counter sue would work.
 
N

N.A

Banned
phosphor112 said:
Wouldn't that be a separate case to bring that up in or would they be able to do a counter sue? There is already a class action against Sony... so idk how a counter sue would work.
Click to expand...

I was just suggesting that they now can show the court there is a legitimately useful application that the keys , cfw etc. have led to.
 
H

HBroward

Member
The reason the iPhone is able to be unlocked legally was due to the presence of other carriers in the market than just AT&T. The analogy here would be like arguing that the PS3 should be legally unlockable to connect to Xbox Live. Which is obviously preposterous and impossible. In short, the PS3 will not be able to skirt by on the same arguments that prevailed in the Apple case.
 
N

N.A

Banned
Afrikan said:
what do you mean?

there was always an option for someone who owned a PS3 that had OtherOS, to keep OtherOS. Sony told people upfront that if you upgrade your firmware, you will lose OtherOS.

but we'll just go in circles arguing about Sony's services and future games....and who has a right to use them...it'll never end.
Click to expand...

Don't start this again. It's quite simple, Sony advertised the PS3 as being able to play all PS3 games and having Linux support, with 3.21 users were forced to choose one.

Whether or not this was illegal doesn't matter. What matters is there is a legitimate and useful application for what these hackers have released. (Hell, I wouldn't be surprised if the military/scientists started buying truckloads of PS3's again)
 
J

JWong

Banned
N.A said:
I was just suggesting that they now can show the court there is a legitimately useful application that the keys , cfw etc. have led to.
Click to expand...
And if it also leads to opening up piracy, that case is shut down.
 
K

kamorra

Fuck Cancer
Afrikan said:
what do you mean?

there was always an option for someone who owned a PS3 that had OtherOS, to keep OtherOS. Sony told people upfront that if you upgrade your firmware, you will lose OtherOS.
Click to expand...

Again with that argument? They never told me that I at some point in time I have to choose between OtherOS and new games when I bought my PS3. There are some legitimates arguments against CFW, this is not one of them.
 
M

Mama Robotnik

Member
Afrikan said:
there was always an option for someone who owned a PS3 that had OtherOS, to keep OtherOS. Sony told people upfront that if you upgrade your firmware, you will lose OtherOS.
Click to expand...

A massively flawed argument.

The choice you are absurdly presenting as reasonable: If you keep OtherOS you lose the function to play any and all future games. Whatever option you choose leads to the repulsive act of a company neutering your product, removing key advertised features in your privately-owned property, for entirely their benefit.

It doesn't matter if its presented as an option or a choice. The consumer nonetheless loses something from their property.

The hackers found a third way, an option to restore OtherOS and (hopefully through progressive CFW) allow users to play Sony's newer games. Sony are suing them for this, which makes this expanded legal action even more repugnant.
 
S

squatingyeti

non-sanctioned troll
HBroward said:
The reason the iPhone is able to be unlocked legally was due to the presence of other carriers in the market than just AT&T. The analogy here would be like arguing that the PS3 should be legally unlockable to connect to Xbox Live. Which is obviously preposterous and impossible. In short, the PS3 will not be able to skirt by on the same arguments that prevailed in the Apple case.
Click to expand...

That's what people keep saying, but that is NOT the only reason. That was one of the reasons.
 
W

Wolves Evolve

Member
I sell you a toaster than toasts bread and crumpets.

Two years in, I come over and install a metal tab to prevent you from toasting crumpets.

HOW DARE YOU ATTEMPT TO JAM IN A CRUMPET.
 
J

Jocchan

Ὁ μεμβερος -ου
Mama Robotnik said:
A massively flawed argument.

The choice you are absurdly presenting as reasonable: If you keep OtherOS you lose the function to play any and all future games. Whatever option you choose leads to the repulsive act of a company neutering your product, removing key advertised features in your privately-owned property, for entirely their benefit.

It doesn't matter if its presented as an option or a choice. The consumer nonetheless loses something from their property.

The hackers found a third way, an option to restore OtherOS and (hopefully through progressive CFW) allow users to play Sony's newer games. Sony are suing them for this, which makes this expanded legal action even more repugnant.
Click to expand...
His argument is that users should not expect their PS3 to be able to run all future PS3 games, which legitimizes the "choice" given by Sony.

Afrikan said:
never mind. it is an endless debate.
Click to expand...
It's not an endless debate, it's just an objectively dumb argument.
 
M

Mama Robotnik

Member
The cheerleading of this legal action still bewilders me.

Sony commit the most serious anticonsumer act in the history of the games industry*, and set precedent for all game companies remove functionality in our property to increase their corporate advantage/profits.

Some hackers work to resolve the removed functionality problems.

Sony sues hackers en masse.

Fans... cheer... Sony... on? This madness really beggars belief.

(*if you label this as hyperbole, please counter it with an example of a more serious anticonsumer act)
 
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