• PS3 Hacks, PS3 Legal (Sony) , 18.03.2011

    The battle continues between SCEA and GeoHot, with George Hotz petitioning the court for a protective order and accusing SCEA of false representations, here is a quote from the motion for protective order:

    GEORGE HOTZ’S MOTION FOR PROTECTIVE ORDER
    Now Comes Defendant George Hotz, by and through counsel, and moves this Court for Protective Order pursuant to Federal Rules of Civil Procedure Rule 26(c) and FRCP 26(b)(2)(c), seeking to protect Defendant George Hotz from Plaintiff Sony Computer Entertainment LLC‟s (“SCEA”) overbroad jurisdictional discovery requests, which are for the purpose of annoyance, embarrassment, oppression, and are an undue burden and undue expense on Defendant. Please note that this Motion is in addition to the Joint Protective Order, which is currently being drafted with Plaintiff’s counsel.

    PRELIMINARY STATEMENT
    Mr. Hotz is a 21-year-old individual, who resides in New Jersey and who has not consented to the jurisdiction of this Court. Despite the fact that SCEA has filed this action and represented that this matter belongs in the Northern District of California, SCEA now attempts to engage in a jurisdictional fishing expedition as a means to utilize jurisdictional discovery to achieve other ends. Although the Court has limited discovery to jurisdictional issues, SCEA has demanded overly burdensome and expensive discovery from Plaintiffs that bears little, if any, relevance to the issues at hand.
    The Defendant has shown good cause for the protective order sought herein, as the discovery SCEA seeks is harassing, irrelevant, burdensome, expensive, and intrusive. In addition, the confidential information sought to be protected could cause Defendant irreparable harm if mishandled or exposed.
    Mr. Hotz is not seeking to withhold information from Plaintiff. Instead, Mr. Hotz seeks only to (1) protect the information he is willingly providing by directing that the copy of his hard drive be created as-is and unaltered, and (2) relieve the undue burden and expense of appearing in this forum for a deposition where Mr. Hotz will gladly offer the same information through written deposition. Mr. Hotzhas been extremely accommodating to SCEA’s demanding requests- being responsive to questions and inquiries at all hours of the day and night, providing his personal hard drive with commercial, confidential, and valuable information so that SCEA can determine that nothing pertaining to jurisdiction resides on such drive, turning over his Playstation Computer, and remaining accessible despite the fact that he is not in the forum.
    Mr. Hotz files this Motion for a Protective Order to limit the issues at hand to the matters of jurisdiction, and to limit such discovery to less burdensome means. The protection Defendant seeks would prevent irreparable harm and undue burden on Defendant, while still granting SCEA the information it seeks to discover, without any burden.

    At the same time SoftLayer Technologies, the host’s of PSX-Scene have filed for motion to quash the subpoena, here is a quote from the court document:

    Source Groklaw

    Download Court Files(Thanks to Groklaw)

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    Discuss in Forums (22)


  • 22 Comments

    1. Errorjack
      03-18-2011
      10:25 AM
      1

      Get'em GeoHotz! Sue them for what they think you were doing but was all false.

    2. klbarnes1
      03-18-2011
      10:40 AM
      2

      I'm seeing a Counter suit for 100 million dollars against sony for defamation of character and false allegations! After you when Geohot I think you should give everyone that donated to your legal fees 100x their donation. That would be great!

    3. projectorfreak
      03-18-2011
      10:52 AM
      3

      defamation of character?
      I hope he wins but I don't know if this will even be allowed
      Sony has gotten some pretty suprisingly stupid things run through the courts here lately
      How did sony defame his character,by calling him a hacker?
      He is the king of hackers,or at least the most famous
      I don't think they ever intended to win I think it is just a way to buy time to learn to combat this and prepare to release something else that has better security like what they are doing
      If they lose they are probably just going to make psn pay to play like xbox
      If they win the legal battles are just going to be nuts cuz of the grey area in the law

    4. Wolfie708
      03-18-2011
      11:16 AM
      4

      Is that the Preliminary Statement as sent? If it is, is it just me that thinks he would be better served having the Telly Tubbies to represent him?

    5. darkfroggy
      03-18-2011
      12:02 PM
      5

      LOL! SONY U JUST GOT SERVED!!! :thefinger:

    6. sronsr
      03-18-2011
      12:55 PM
      6

      @projectorfreak
      they cant make PSN pay to play since its an advertised feature, and its included in the price(duh, they are not suckers...)

      i know, i know about linux, advertised feature too, included in price etc, yet they didnt care...
      but they wont do it cuz it'll harm them MUCH more, and they will get sued a thousand times if they dare to do so...

      Go GeoHot and dont give me my money back! when I donated I did not expect a return, You deserve it to fight off sony

    7. o0kilabot0o
      03-18-2011
      02:13 PM
      7

      @projectforfreak, yeah he is a hacker but scea accusing him as a thief or pirate, thats what geohot being defamed for. as stated he comply to scea's demmands without 2nd thought jus to prove he did not steal anything from sony. I hope Geohot wins this case.

    8. killuinurface
      03-18-2011
      02:33 PM
      8

      i hope that geohot wins because if he doesnt then we are going to see all the holes you can make in this justice system with money

    9. lisapower
      03-18-2011
      02:53 PM
      9

      I trust in GeoHot!!!

      cheers

    10. fritzobessitas
      03-18-2011
      03:27 PM
      10

      Sony bite's the dust, like apple did on our dear Geo

    11. scrumbleyj
      03-18-2011
      04:56 PM
      11

      So the news feeds on all sites are saying SkyLayer Technologies is hosting psx-scene, but the actual Motion to squash the subpeona's says SoftLayer Technologies, which is where I work. Which is it? I can't find the thread anywhere at psx-scene and the whois says it's through GoDaddy. Can someone shed some light on this for me?

    12. GregoryRasputin
      03-18-2011
      05:05 PM
      12

      Originally Posted by scrumbleyj
      So the news feeds on all sites are saying SkyLayer Technologies is hosting psx-scene, but the actual Motion to squash the subpeona's says SoftLayer Technologies, which is where I work. Which is it? I can't find the thread anywhere at psx-scene and the whois says it's through GoDaddy. Can someone shed some light on this for me?

      Sorry, it seems i messed up, it in fact is SoftLayer, i don't see where i got SkyLayer from, it may have been from the source, anyhow thank you for bringing it to my attention, it has now been fixed.

    13. tom10122
      03-18-2011
      05:19 PM
      13

      Sony will lose if you can legally jailbreak(hack) your own iphone then why not a ps3:thefinger::thefinger:

    14. scrumbleyj
      03-18-2011
      05:19 PM
      14

      Yeah, I searched for it and found it. That makes me have a lot more respect for the company I work for! Hell yeah, SoftLayer! Thank you for not only giving me a job, but also for not rolling over and just letting Sony fu(k you like everyone else is!

    15. ScareCrow87
      03-18-2011
      06:32 PM
      15

      Guys, notice the precise wording. He used "Playstation Computer" not "Playstation Gaming System." Sony identified this as a computer when they first shipped them for the tax breaks (so it should be relatively easy to get the courts to accept it as a computer), but what are the rules regarding hacking one's own computer? There's a whole industry behind it, so I'm sure the laws regarding what you can do with your own PC are pretty lax.

    16. ihateregistering
      03-18-2011
      06:55 PM
      16

      didnt they just ban people from using a pc back in the day like that hackers movie haha

      why doesnt someone just bann geo hot then he can hint* either tell someone else what to type on the keyboard or use a sidekick with ip relay

      haha geo using a sidekick 2008 with the that console add on shell to work remotly then youll never find him esp when i give him a 100gb hd hooked to a simcard adapter with 9trillion simcards in memory that are loaded via hasbro mind control software .....

      .....if they were ****in smart they would just give geo some community service on the us traffic light grid , or make him design a new dmv system

      who cares that would be fun tho your punishment is to redesign the us traffic light grid and decresse all fatalitys by 16% and do it from this sidekick 2008 lol or else we shall sopena your fingers and but a gag order + tiny finger cuffs on you like hanibal lector

      ...what..... no one else is really contributing ... at least maybe you laughed ...
      ************* [ - Post Merged - ] *************
      edit ... inPROV ! scary old dude

    17. stryfetew
      03-18-2011
      08:12 PM
      17

      Does this have anything to do with Sony's subpoena to gather his PayPal transactions? Or is that an entirely different matter?

    18. Kondor1
      03-18-2011
      11:33 PM
      18

      okay...here are a few things...all in GeoHotz favor.
      #1, sony states the console is yours after purchase
      #2, sony states that the removeal of OtherOS was for security purposes.
      #3, sony states that the PS3 is still a computer due to online/media streaming
      #3a, Sony gets a tax cut by declaring as computer instead of console (no console tax)
      #4, Sony only mentions in OFW 3.21 that it will be removed and optional
      #4a, Sony does not state in any other OFW thereafter that it will be removed
      #5, Sony requires FW updates even offline via game discs in order to play
      $5a, Sony does not post FW requirements on boxes or online anywhere, yet they force you to update and remove OtherOS and not notify the consumer.
      #5b, Sony breaks the "optional update clause" by not telling consumers it is removed in future updates via game discs
      #6, GeoHotz encrypted the linux hard drive that he sent in. This will make it harder to get info off. The company is searching for keys in relation to the jailbreak from the calculator he also gave up (which will not match any code necessary)
      #7, SCEA states that a computer hard drive can access the PSN, this is not true unless it is the drive that is directly inside a ps3. Therefore they have already lied to the judge under oath.'
      #8, Sony transmits credit card numbers, etc in plaintext of consumers every time they turn on the ps3. This is in violation of a few United States privacy laws.
      #9, Sony states in thier ads, "Simply does Everything", yet features were removed without consent via skipping FW 3.21 which technically is false advertisement.
      #10, GeoHotz did NOT allow backup managers in his CFW. therefore did NOT allow piracy.
      #11, GeoHotz CFW is now obsolete with newer games requiring later firmwares (3.55,3.60) The open security holes are now closed, therefore rendering the whole case useless.
      #12, Sony uses several GNU OpenSource librarys in the PS3. An open source license is a copyright license for computer software that makes the source code available for everyone to use. This allows end users to review and modify the source code for their own customization and/or troubleshooting needs. "open source licenses only permit modification of the source code for personal use or only permit non-commercial redistribution"


      Technically since Sony uses some open source libraries and hasnt released the source code or allowed them to be modified freely, they are breaking the EULA of the Open source licenses.

    19. JPOrtiz831
      03-19-2011
      12:32 AM
      19

      If you keep linux and lose psn than you have to updated your firmware (even offline) to play any games so your not only losing one main features but two. Losing PSN and gaming ability.

      if you keep psn and lose linux than sony is false advertisment and should have to pay 100 to 200 dollars back to everyone with a fat ps3 or have to pay taxes since it was classified as a computer and now without an operating system can no longer be classified as such.

      You wouldnt want to pay 500 dollars for a bluray player and than have your bluray player taken away and not got a refund.

      And if you think they wont start charging for PSN because its illegal? Hello have you been living on the moon? If you know they already did it with linux than you must be high if you think they wont do it again. Sony doesnt care about the law. Sony doesnt even know what they want. Theyre too dumb to have a plan. but have too many lawyer or are too organized to care

    20. mightykhan
      03-19-2011
      04:48 AM
      20

      Gotta love that courtroom terminology

      Now comes George Hotz and says this

      Now comes Softlayer Technologies and says that

      Next here comes someone else and says such and such

    21. sqrt[36]
      03-19-2011
      11:04 AM
      21

      Originally Posted by Kondor1
      #12, Sony uses several GNU OpenSource librarys in the PS3. An open source license is a copyright license for computer software that makes the source code available for everyone to use. This allows end users to review and modify the source code for their own customization and/or troubleshooting needs. "open source licenses only permit modification of the source code for personal use or only permit non-commercial redistribution"


      Technically since Sony uses some open source libraries and hasnt released the source code or allowed them to be modified freely, they are breaking the EULA of the Open source licenses.

      Only people who can file suits against Sony are owners of the Open Source Code that Sony used (sony most likely paid them off to have special access most likely)

      You can request the source code from the SDK through sony, BUT you must purchase the developer kit.
      So in essence they are charging $10k for code based on open source code.

    22. gpjavan
      03-19-2011
      12:20 PM
      22

      If this **** makes Sony become pay to play like xbox I dont wanna hear no crying and *****ing. you want free service and to use CFW. Come on you really think you can have the best of both worlds?

      I think there should be a compromise like if you want a hacked system u can have one but you cant get on psn with it.

      Geo is a smartman but not smart enough. if he was he wouldnt have got caught. in the first place.