• General, PS3 Hacks , 15.01.2011

    The press release is out for Geohot’s lawsuit, by his HPLawgroup, promising to fight Sony in this case. To quote:

    FOR IMMEDIATE RELEASE:
    January 14, 2011

    Law Firms defend Sony’s Accusations against George Hotz

    San Francisco, California – Today, attorneys Stewart Kellar and Yasha Heidari announced they intend to vigorously defend the baseless accusations asserted by Sony Computer Entertainment America LLC (“Sony”) against Mr. George Hotz.

    “Make no mistake,” Stewart Kellar, intellectual property attorney and e-ttorney at law™ stated, “this case is not about Sony attempting to protect its intellectual property or otherwise seek bona fide relief from the court. Rather, it’s an attempt from Sony to send a message that any individual using Sony hardware in a way Sony does not deem appropriate will result in harsh legal consequences from a multi-billion dollar company, irrespective of any legal basis or authority for such action.”

    Sony recently filed suit against a number of individuals, including Mr. Hotz, a 21-year-old computer prodigy who is well-known for his accomplishments and innovations in the field of phone and computer development, such as for creating the ability to provide for iPhone interoperability between various cellular network carriers. Citing unfounded concerns and a dubious legal basis for jurisdiction, Sony seeks relief from the Court due to Mr. Hotz re-enabling core functionality of the Playstation 3.

    “I think it is quite telling that Sony, who is legally required to provide notice to Mr. Hotz before seeking any special relief with the Court, decided to e-mail Mr. Hotz a copy of their motion at 7 p.m. when a hearing was scheduled for the next morning at 9 a.m. in California, while Mr. Hotz does not even live in California. Sony is seeking various unreasonable relief, such as seizing Mr. Hotz’s personal property and computers. Luckily, the Court postponed the hearing,” said Yasha Heidari, Esq., managing partner at Heidari Power Law Group, LLC.

    Mr. Kellar added, “This case not only has profound implications for the parties involved, but it also implicates core property rights for every consumer out there.” Recently in April of 2010, citing the fact that the Playstation 3′s terms and conditions reserve the right to modify the PS3′s settings and features, Sony inexplicably issued an “upgrade” that removes the end user’s ability to utilize the PS3′s OtherOS functionality. Consumer familiar with the PS3 know that OtherOS is a powerful tool that is critical in allowing its users to utilize the PS3 as a personal computer. Sony had previously touted the PS3′s OtherOS as a major selling point and feature that would receive Sony’s continued support. Yet, despite this, Sony took the position that consumers must either choose to upgrade the PS3 to play newer game titles and lose OtherOS support, or ignore the update to keep OtherOS but be prohibited from playing newer titles.

    Mr. Heidari stated, “While most companies issue firmware upgrades to increase a product’s abilities over its life cycle, Sony has taken the unacceptable and draconian approach of decreasing the PS3′s capabilities by actually destroying a core feature of the PS3. Imagine taking in your car for an oil change and having the manufacturer remove your car’s air conditioner, radio, and half its horsepower because of fears that other hypothetical individuals might abuse their vehicles. It just doesn’t make any sense, and it’s a slap in the face to the consumers that put their support behind the product.” Mr. Kellar proclaimed, “This case rests on Sony’s misguided belief that it has the unfettered ability to control how consumers use the products they legitimately purchase.”

    Both attorneys agree that Sony’s interpretation of the law is quite troubling. The attorneys state they hope the judge will deny Sony’s motion, but regardless of how the judge rules, they fully intend to defend Mr. Hotz in this action, which has wide-spread implications for consumers globally.

    [VIA hplawgroup] - Thanks naruu for news tip!

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    Discuss in Forums (29)


  • 29 Comments

    1. abdullahk
      01-15-2011
      12:00 PM
      1

      wow, hopefully this all goes well for geohotz !

    2. riskyblam69
      01-15-2011
      12:01 PM
      2

      So i take it ego hot wont be releasing his cfw with backup playabillity then lol , oh well annom will do it soon :-)

    3. Carty
      01-15-2011
      12:02 PM
      3

      Sounds like these guys mean business! Sony has opened a can of worms here, and will likely end up regretting it.

      It's going to be great fun watching how this saga unfolds.

      Will they be forced to reenable Other OS? Will homebrew be made a legal consumer right on PS3 and potentially other consoles?

    4. 2die4
      01-15-2011
      12:08 PM
      4

      Sony are soooo stupid they should just release a light sdk that dosnt enable backup managers etc but allows other things like emulators and allow people to make homebrew and then add a homebrew section to the ps3 store and take a slice of the profit look at Apple

    5. seang707
      01-15-2011
      12:17 PM
      5

      Who cares geohot is an attention seeking ahole. Hes loveing all this attention
      faleoverflow ftw there not getting all the attention because they choose not to.even tho i say it was them that done all the hard work geohot just piggybacked. Hopefully he gets what he needs to bring his ego down a step

    6. hukfed
      01-15-2011
      12:17 PM
      6

      Why don't these Lawyers take this one step further, and on behalf of Geo, his Co defendant's and the consumer in general issue a counter claim against Sony for the removal of the Other O/S function....

      It is clear by this press release they intend using this fact as part of the defence anyway, and I'm sure Geo would be willing as his main reason for adjusting the O/S in the first place was to try and give us back this option...

      As I brought my PS3 after the removal it's not something that I miss, but for all those people who brought the other O/S machines only to have it taken away is a bit of a kick in the teeth...I have always felt that they should be entitled to a part refund....

      A friend told me that Sony was at one point giving part refunds to those who asked, although this was not common knowledge, if this is true Sony would surely lose a defence as they already agreed to refund those who made a request....

    7. bigo93
      01-15-2011
      12:24 PM
      7

      geohot never intended to release a cfw which would enable backups, he said this repeatedly. Sony do not need to re-enable otheros, it was a part of the agreement people were forced to accept.

      Sony are just making a last grab for power cos the key to sign packages is out, anyone can create anything they want and the ps3 will run it. This most likely is killing their profits as they most likely charge publishers quite a bit to use the signature on their games so the ps3 will run it. I bet now publishers are demanding Sony to reduce the cost to use the signature due to the fact the ps3 can now be properly hacked.

      Hope geohot counter-sues for false charges, planting evidence, abuse of the justice system, defamation of his name and character, is there anything else we can add to the list?

    8. Cop
      01-15-2011
      12:43 PM
      8

      Geohot is going to be ok after this. He's is going to beat Sony with he's lawyers. And i think that he's going to win this court.

    9. D4RK_4NG3L
      01-15-2011
      12:43 PM
      9

      I hope we all want linux feature back on ps3 with the blocked SPU unblocked off the CELL(R)...
      Geo's main intention was to get LINUX feature back on PS3 not allowing PIRACY as he stated G4 talk show. But ofcourse as a dev when he found out more early last year on HV, ISOLDR etc. he wanted to come up with some sort of cfW (not exactly cfw allow to play **** copy games!) on ofw that will allow us to run linux regardless future fw updates.

      Don't worry... Geo... keep up the work.. nothing SONY can do to you.

    10. vinny8028
      01-15-2011
      12:55 PM
      10

      Goodluck geohotz

    11. profixit
      01-15-2011
      01:28 PM
      11

      I'm sick to death of this rubbish. Geohot seems to of "engineered" this whole fiasco. He has been extremely lucky up to now.

    12. pablosx
      01-15-2011
      02:04 PM
      12

      Who would side with Sony such an evil greedy company who charges absurd amounts of money for a gaming system, then tries to control what you do with it once you pay up to 500 dollars! This company targets children and still charges 60 dollars for one game despite the fact that most average families can not afford this. Ceo's of Sony are buying 15 yachts each with the money that hardworking families scrape together to make their children happy. Sony has so much money they could afford to drop the price of games and systems dramatically but they dont because they are sooo greedy i am in awe of how awful a group of people could really be.

    13. b3mike
      01-15-2011
      02:16 PM
      13

      Originally Posted by pablosx
      Who would side with Sony such an evil greedy company who charges absurd amounts of money for a gaming system, then tries to control what you do with it once you pay up to 500 dollars! This company targets children and still charges 60 dollars for one game despite the fact that most average families can not afford this. Ceo's of Sony are buying 15 yachts each with the money that hardworking families scrape together to make their children happy. Sony has so much money they could afford to drop the price of games and systems dramatically but they dont because they are sooo greedy i am in awe of how awful a group of people could really be.
      I think Sony is in the wrong on this one but do you do realize that the other two companies target children as well and sell their games between 50 to 60 dollars a pop? Sony is also barely breaking even on the ps3 hardware, rest assure their ceo's are not buying yachts left and right. Besides it was Microsoft that started the 60 dollar price point with games for the 360.

    14. aftalife
      01-15-2011
      02:43 PM
      14

      Originally Posted by pablosx
      Who would side with Sony such an evil greedy company who charges absurd amounts of money for a gaming system, then tries to control what you do with it once you pay up to 500 dollars! This company targets children and still charges 60 dollars for one game despite the fact that most average families can not afford this. Ceo's of Sony are buying 15 yachts each with the money that hardworking families scrape together to make their children happy. Sony has so much money they could afford to drop the price of games and systems dramatically but they dont because they are sooo greedy i am in awe of how awful a group of people could really be.

      I think Sony is in the wrong on this one but do you do realize that the other two companies target children as well and sell their games between 50 to 60 dollars a pop? Sony is also barely breaking even on the ps3 hardware, rest assure their ceo's are not buying yachts left and right. Besides it was Microsoft that started the 60 dollar price point with games for the 360

      I agree with both..it just shows greed all around, sony just took a step above the rest with removing otheros and now this desperite act, neither move helping them at all. In regards to the high cost of games..no wonder people do pirate games (which i dont do,just legit backups)on the other hand to fix the ps3 laser which i had one go on me, 2 weeks after the year warranty and sony was going to charge me 170 dollars to fix it...i mean common, the shortest life cycle on any system i ever owned...not to mention by far the most expensive and because of the cost the one i looked after the most. Anyways this court/bulling act just hurts Sony more win or lose.

    15. clipper01745
      01-15-2011
      02:55 PM
      15

      erm i think you will find that allmost all games consoles (apart from hand helds) have at some pont sold games for over �50 i remember buying GT 1 on the PS1 for �56 when it first came along with donkey kong country on the snes was roughly �50 when it came out .

    16. Carty
      01-15-2011
      03:37 PM
      16

      Indeed. Prices have been high for many many years. Street Fighter on the Mega Drive was what, 60 quid? IIRC Zelda was expensive too.

      Then you have Neo Geo games which were 100 notes a pop! Ouch!

      None of which justifies piracy or anything, or indeed high prices, but still, they have been high for many many years.

    17. NeedmoarDesu
      01-15-2011
      03:51 PM
      17

      Originally Posted by profixit
      I'm sick to death of this rubbish. Geohot seems to of "engineered" this whole fiasco. He has been extremely lucky up to now.
      Agreed, It was interesting at first but now I really want to know what the other Ps3 devs are doing. On the other hand, This case could be the defining moment of the Ps3 homebrew scene.

    18. lisapower
      01-15-2011
      05:30 PM
      18

      Go! "George" Go!

      Be Strong in those moments of sony's tyranny:thefinger:, they only want a pice of yours Success.

      i Like those Heroes that fight almost alone against a brigade.


      cheers!

    19. Mystt
      01-15-2011
      06:54 PM
      19

      Very well said...

    20. sibs44
      01-15-2011
      10:21 PM
      20

      You know, before you install a firmware update, it clearly says in the terms and conditions that you may not reverse engineer the software. I'm not taking Sony's side, but it's there.

    21. KMM
      01-15-2011
      10:52 PM
      21

      stuff like that only applies to USA
      ie in germany you can write what you want in your EULA...
      if the law states otherwise you can just ignore those points (from the EULA)

      The Problem is the USA and their stupid laws...
      there is no place on earth with such ridicolious laws

      in germany reverse engineering is totally legal... only stealing is not (RE is not stealing!)
      damn those Patents!
      the reason why there is no ingame music because M$ has the patent...
      WTF?!



      edit:
      when was the last usefull!!! feature added into a firmware?
      i cant remember... i think it was ingame xmb loool

      you cant even seek frickin' mp3s wtf?!?!
      every 10buck player can do that
      but of course not a 300+ bucks expensive device


      Sony u suxx

    22. vp5665900
      01-15-2011
      11:37 PM
      22

      I for one would like to thank everyone involved in this you stand up not for just yoursealf but everyone's rights to own something and do what you like with it i paid for your system if i wanna make a sony PS3 microwave thats my biz and not yours. Thanks from me and everyone in the homebrew nation poop on sony leave me alone and let me play golden axe on my PS3 and mind you biz if you want me to only use your system to play ps3 gamez send me one free UPS style and i promise ill be good.

    23. ishey94
      01-16-2011
      12:44 AM
      23

      Originally Posted by pablosx
      Who would side with Sony such an evil greedy company who charges absurd amounts of money for a gaming system, then tries to control what you do with it once you pay up to 500 dollars! This company targets children and still charges 60 dollars for one game despite the fact that most average families can not afford this. Ceo's of Sony are buying 15 yachts each with the money that hardworking families scrape together to make their children happy. Sony has so much money they could afford to drop the price of games and systems dramatically but they dont because they are sooo greedy i am in awe of how awful a group of people could really be.
      Well, considering they were originally selling the hardware at a loss... They are not evil, if they were evil they would be forcing us to destroy all life. They are simply angered by the actions of two groups -- Fail0verflow and George Hotz - because they were able to do the one thing that should have been impossible. To the person who posted above stating that Sony will cut profits due to the release of the keys: No, they will lose profits because of pirates. Game developers will still require the Sony SDK for Sony endorsment, which includes, but is not limited to: Playstation, Playstation 3, or Sony logo on final product, or in advertisement.

    24. digitalej
      01-16-2011
      02:43 AM
      24

      I'm glad there are still a few people on this site who do their homework before posting. So Sony is evil for developing a product for us to enjoy and was originally priced at $400-500 and still took a loss for every system sold. I know I spent around $600 when it was first released, if you don't want to pay that much then go buy a Wii or xbox360. Would you not be pissed off if a group of hackers publicly released the skeleton key of your product, which not only enabled homebrew but consequently enabled piracy, that you invested millions into? Sony isn't the only one at a loss, developers will suffer alongside with Sony. Sony definitely is trying to make a statement with egohots and failoverflow but i would think they are also trying to show the developers that they are doing all they can. Also I've read many comments stating Sony should have never removed otherOS because that is what lead to the PS3 being hacked. Give me a break, egohots is the reason the ps3 got hacked, he showed that it was possible and got the ball rolling. If otherOS was kept in place, even if egohots didn't release a method, someone else would have figured it out. Egohots is the reason otherOS was removed, and will be the cause of whatever restrictions will be placed on any current or future systems of any evil multibillion dollar corporation. Egohots states hes against piracy, that's great so that makes him the good guy; but then name a gaming system out there with homebrew that doesn't also have piracy enabled. Not everyones vision is the same as egohots, and he most definitely knows that. Don't get me wrong, I'm loving the homebrew; but I'm very much against egohots. I see a possibility of more online premium services in the future to cope with losses since that is one part of the PS3 they are able to control.

    25. clipper01745
      01-16-2011
      08:38 AM
      25

      if the games where cheaper then i think you would find that piracy figures would drop if a game is �50 (i am talking about new release games not bargin bin crappy games that failed after 3 months) and it takes you a month to save the spare cash to buy it then you will only buy 10 - 12 games a year and would jump at the chance to get your hands on a pirated game or two.

      Where as if the games cost about �15 - 20 each then you could afford to buy more games each month and pirates would have a harder time justifying to them selfs on wasting time and money on copy's, As we all know that its nice to have a proper box and a game disc that wont shorten the life of the laser (yes CDR's & DVDR's Shorten the laser life by about half) Allso you dont have to mess about with the latest hack or crack to play the latest games that need latest firmware and last but not least playing online with no worrys of ban or that the key code wont be valid online.

      I write this as a 38 year old gamer who since the days of the amiga has been messing about with hacks, cracks and copyed games on all platforms, But i do buy games for my platforms that i really like, On the PS3 alone i have 38 original games and have owned the PS3 from release. But since the september last year i have brought a slim to use as my main unhacked console and my phat is my hacked one, But I still buy games for the unhacked one. But if the games where alot cheaper i for one would not bother with any console hacks or copyed games at all.

      Before people comment on this please think about how much of your �50 gose to the game devs/software companys and how much sony/M$/Nintendo and the shops take as proffit. Allso i have dyslexia so spelling and grammer are not the best

    26. bigo93
      01-16-2011
      08:55 AM
      26

      The real battle that is taking place here is not on piracy, but on who exactly owns the console.

      As digitalej said they spent $600 when it was first released. Now spending that amount of money you would expect that what you have just bought is actually yours and you can do whatever you like with it. Sony think otherwise and believe they still own the console and that you have no right to do anything to it.

      This idealism sound more like you have rented the console, yet Sony demanded $150 to repair the consoles which had ylod. Faulty equipment on a rental is the renters responsibility to fix yet they make us pay for it.

      I have always had a playstation console, before that I had a mega drive. My brothers and I had to save up together to get just the one PS1 console! (Note to spoiled brats, you dont know how good you have got it!) Now if Sony were to turn around and demand that console back without a refund I would be a very pissed of person.

      It's the same with software, when I first bought windows I thought yeah I can install these on my pcs, but no you can only install it on one pc, you need to buy a new copy for the second pc. It still doesnt make sense, its just another money making scheme.

      It is surprising what we accept in one instance, even to the point of defending the company, but then when you apply the same rules to another instance people will be in an uproar. it's all conditioning so that they can bring about stricter rules and get more money from us.

    27. lewikenzie1
      01-16-2011
      11:12 AM
      27

      To everyone who says geo took all the attention he didn't he said thanks to failoverflow!
      And he might have a problem as he hasnt got Linux back yet has he??

    28. chen1231
      01-16-2011
      01:58 PM
      28

      Lets DDOS These Motha****ers

    29. anderz
      01-16-2011
      02:16 PM
      29

      P0wny
      geohotz ftw!