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Sony sues George 'geohot' Hotz and fail0verflow over PS3 jailbreak.

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jorma said:
are they all americans? Or might that be a reason some of them are not mentioned?
Out of the 27c3 four only Bushing is, to my knowledge. Marcan is spanish, Sven is german and Segher is dutch, think so
 
Hyoushi said:
Out of the 27c3 four only Bushing is, to my knowledge. Marcan is spanish, Sven is german and Segher is dutch, think so

Huh, wtf? How does violating DMCA apply to EU citizens? This is confusing.
 
Stoffinator said:
Same here. People usually hack their consoles for nothing but theft and cheating online.

So, because I've installed custom firmware to play a few emulators and get region free playback on my USA Blu Ray collection in the future, I deserve to have my console banned?

Granted, I don't use PSN anyway - but I hate the way people treat the majority of CFW users as dirty pirates.
 
jorma said:
Huh, wtf? How does violating DMCA apply to EU citizens? This is confusing.
IT just mentions that they are part of that group. There will be no action taken against the non-US members (no jurisdiction), so the full extent of the lawsuit will be applied to that one American on the team. :lol
 
Expected move from Sony as they have a fiduciary duty towards their shareholders to protect their profits. Sony doesn't want their own shareholders to sue for losses. But the consequences of this move can be game changers... It will be fun to follow this.

Still waiting to see what the counter measures will be on the technical side.
 
richisawesome said:
So, because I've installed custom firmware to play a few emulators and get region free playback on my USA Blu Ray collection in the future, I deserve to have my console banned?

Granted, I don't use PSN anyway - but I hate the way people treat the majority of CFW users as dirty pirates.

There's another thread for this but I think he's talking about them being allowed on PSN. Since you don't use PSN it's not a problem for you.
 
Stoffinator said:
People usually hack their consoles for nothing but theft and cheating online.

So are saying most of the folks in the PSP/PS3/Wii Homebrew threads are thieves and cheats? Do we usually steal and cheat against others?

There's nothing illegal going here besides, maybe, Geohot trying to blackmail Sony.
 
jorma said:
Huh, wtf? How does violating DMCA apply to EU citizens? This is confusing.
Non-US citizens getting hit with DMCA injunctions is nothing uncommon, The Pirate Bay received hundreds of these over the years despite not being hosted or run in the US.

I found this part of the doument interesting

Defendant George Hotz is bound by the “Playstation Network Terms of Service and User Agreement” (the “PSN User Agreement”), §14 of which states in relevant part that “both parties submit to personal jurisdiction in California and further agree that any dispute arising from or relating to this Agreement shall be brought in a court within San Mateo County, California.”
Also, isn't it awesome that one of the lawyers is called Ryan Bricker?
 
CrushDance said:
Man, I don't give a damn about homebrew. I'll never use, if other people want to, go ahead! But this whole shit is going to suck for consumers like us who'll be caught in the crossfire. And Geo is such an attention whore, he deserves what he gets from this.

Why stop there, might as well throw him in some secret CIA prison overseas since his life goal isn't to progress the well being of a major corporation!

Fucking people I swear, I fear for the human race when this is what genius is met with.
 
Maybe after all of this he'll make a OS, or a Facebook killer. Maybe this is the point where he goes straight.

If he creates Skynet we can blame sony.
 
I think this decision makes a lot more sense if you consider the not-unlikely possibility that all the relevant decision makers at Sony have been heavily inebriated since the PS3 got cracked open.
 
Hyoushi said:
Non-US citizens getting hit with DMCA injunctions is nothing uncommon, The Pirate Bay received hundreds of these over the years despite not being hosted or run in the US.

I found this part of the doument interesting


Also, isn't it awesome that one of the lawyers is called Ryan Bricker?

The fact that it might be a common practice makes it no less confusing and even more frivolous.
 
Hyoushi said:
Non-US citizens getting hit with DMCA injunctions is nothing uncommon, The Pirate Bay received hundreds of these over the years despite not being hosted or run in the US.

I found this part of the doument interesting

Defendant George Hotz is bound by the “Playstation Network Terms of Service and User Agreement” (the “PSN User Agreement”), §14 of which states in relevant part that “both parties submit to personal jurisdiction in California and further agree that any dispute arising from or relating to this Agreement shall be brought in a court within San Mateo County, California.”

won't this also bound to every PSN user?
 
Shambles said:
Why stop there, might as well throw him in some secret CIA prison overseas since his life goal isn't to progress the well being of a major corporation!

Fucking people I swear, I fear for the human race when this is what genius is met with.

If he is such a genius.. then why not use it for greater purposes..? just because he hacked some systems does not make him a genius..
 
jorma said:
The fact that it might be a common practice makes it no less confusing and even more frivolous.

The thing is that the lawyers know that this is meaningless, but they're hoping that the guy(s) they send the DMCA notices don't.

If he is such a genius.. then why not use it for greater purposes..? just because he hacked some systems does not make him a genius..

Not that I necessarily agree with geohot being a genius of any sort, but

a) Being a genius can be limited to a extremely specific area. A genius at coding and hacking might not be so good in, well, anything else.

b) He's using it to help us consumers. Sounds like a pretty great purpose to me. :D
 
I actually raised an eyebrow at the time at geohot's comment about making future systems secure, but I didn't really think anything would come of it.

Anyway, clearly Sony is pissed. I'm not sure it's the ONLY action they'll take - they hit the legal button with the initial jailbreak devices too, while simultaneously pursuing other avenues. I also don't think they really expect they can stem the spread of the knowledge, but I think the point here is to make the process as uncomfortable as possible for the people they consider responsible. Even if Sony's position is ultimately not upheld, there is probably something of a deterrent in the threat of legal action.


darkwing said:
won't this also bound to every PSN user?


I'm not sure it's likely the court will agree with that.
 
Shambles said:
Why stop there, might as well throw him in some secret CIA prison overseas since his life goal isn't to progress the well being of a major corporation!

Fucking people I swear, I fear for the human race when this is what genius is met with.
Really? That's what I said? I've used CFW on my PSP so kindly back down. I'm talking about Geo and his attention whoring ways, instead of opening up he keeps things to himself and acts all high and mighty while taking from the work of others. I never once said that people who use CFW should be banned or locked up.
 
darkwing said:
won't this also bound to every PSN user?

If they didn't go online to actually crack it, as in use the PSN's services to do so, then I don't think that holds weight.

...but to a non-techy judge, who knows?
 
jorma said:
The fact that it might be a common practice makes it no less confusing and even more frivolous.
Frivolous litigation by large corporations regarding IP issues is unfortunately the rule, not the exception.

And yeah, the EULA shouldn't be legally binding. The document goes on to describe that Geohot posted information about the hack on Twitter and Youtube, which are also based in California, which seems fairly irrelevant. hehe
 
Heh, just read this quote:

Bricker Decl. at ¶28, Exh. AA (Canton, a member of
26 FAIL0VERFLOW, noting that the group “deserve a little more credit than we're getting for
27 [Hotz’s 3.55 Firmware Jailbreak]” because “he used our key recovery attack verbatim”);


lol maybe regretting saying that now.
 
onken said:
Heh, just read this quote:



lol maybe regretting saying that now.

doesn't matter in the long run, its like a scare tactic by Sony, major inconvenience though in the part of the defendants
 
Hyoushi said:
Frivolous litigation by large corporations regarding IP issues is unfortunately the rule, not the exception.

And yeah, the EULA shouldn't be legally binding. The document goes on to describe that Geohot posted information about the hack on Twitter and Youtube, which are also based in California, which seems fairly irrelevant. hehe

I think i'd like the EU members in that lawsuit to go full tpb on Sonys ass. Mocking/ridicule is the most appropriate way to handle frivolous lawsuits in my opinion :P
 
jorma said:
I think i'd like the EU members in that lawsuit to go full tpb on Sonys ass. Mocking/ridicule is the most appropriate way to handle frivolous lawsuits in my opinion :P
Citizenship isn't particularly relevant in this context. If the offense was committed within the United States, then it is subject to US law regardless of the citizenship of the offending party. Obviously, it is harder to enforce a judgment against a defendant that's located overseas, but citizenship does not get you off the hook.
 
angelfly said:
Well it looks like the EFF are willing to help him. Thats of course if he lets them.

Shit just got real!

As far as those of you crying about cheaters on PSN, just do what I've done when I've encountered cheaters (or racists for that matter) on either system, report their ass! Quit being helpless little victims that need Daddy Corp to protect them and be proactive in protecting the community yourselves.
 
Rhindle said:
Citizenship isn't particularly relevant in this context. If the offense was committed within the United States, then it is subject to US law regardless of the citizenship of the offending party. Obviously, it is harder to enforce a judgment against a defendant that's located overseas, but citizenship does not get you off the hook.

Yeah you have a point if they were physically in US jurisdiction when they did their hacking. I'm guessing they were not.
 
jorma said:
Yeah you have a point if they were physically in US jurisdiction when they did their hacking. I'm guessing they were not.
I don't think that is necessary either. I haven't read the complaint, but presumably SCEA is claiming that the JB tools are being made available for download to users in the US - it's distribution of tools that (allegedly) violate the DMCA that that the suit is intended to block.
 
Rhindle said:
I don't think that is necessary either. I haven't read the complaint, but presumably SCEA is claiming that the JB tools are being made available for download to users in the US - it's distribution of tools that (allegedly) violate the DMCA that that the suit is intended to block.
Still irrelevant if the tools are being distributed from a source outside the US.
 
From http://fail0verflow.com/:
* Our motivation was Sony's removal of OtherOS.
* Our exclusive goal was, is, and always has been to get OtherOS back.
* We have never condoned, supported, approved of, or encouraged videogame piracy.
* We have not published any encryption or signing keys.
* We have not published any Sony code, or code derived from Sony's code.

We are NOT currently asking for donations. If there is ever a legal defense fund, it will be linked here. Anyone asking for donations in our name is a SCAMMER.
 
Hyoushi said:
Still irrelevant if the tools are being distributed from a source outside the US.
I believe it's pretty well established that server location doesn't get you off the hook either, unless you've taken reasonable precautions to block access to users from jurisdictions where the content/service you're offering is unlawful.
 
Rhindle said:
I believe it's pretty well established that server location doesn't get you off the hook either, unless you've taken reasonable precautions to block access to users from jurisdictions where the content/service you're offering is unlawful.

When was this established? It sounds absolutely ridiculous.
 
Lonewolf_92 said:
As far as those of you crying about cheaters on PSN, just do what I've done when I've encountered cheaters (or racists for that matter) on either system, report their ass! Quit being helpless little victims that need Daddy Corp to protect them and be proactive in protecting the community yourselves.

As if this approach worked in any other multiplayer enviroment filled with cheaters till today.
 
-Amon- said:
As if this approach worked in any other multiplayer enviroment filled with cheaters till today.

indeed, for example people were reporting map glitchers in UC2, nothing happened XD, dedicated servers is the only way
 
Hyoushi said:
Out of the 27c3 four only Bushing is, to my knowledge. Marcan is spanish, Sven is german and Segher is dutch, think so
Well in Germany bypassing copyright protection of any kind is a crime.
 
N.A said:

Well, this can't went well for them.

Sony had all corresponding legal rights to remove "OtherOS" support from PS3. It is part of the EULA - not just for OtherOS, they can remove whole browser functionality and nobody can't do a shit about it besides whine - and that is 100% legal move from their side.

Defending themselves like that does not make them less guilty.
 
amar212 said:
Well, this can't went well for them.

Sony had all corresponding legal rights to remove "OtherOS" support from PS3. It is part of the EULA - not just for OtherOS, they can remove whole browser functionality and nobody can't do a shit about it besides whine - and that is 100% legal move from their side.

Defending themselves like that does not make them less guilty.

Um, the EULA has the legal strength of wet toilet paper.
 
I wonder if this security breakdown will delay the PSP2, assuming the PSP2 had the same security holes that lead to the PSP1 and PS3 being broken wide open.
 
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