Are you a lawyer hacker? I've been eagerly awaiting a reply here from someone with a legal background to see what they think of things.
As specifically regards citing websites and forum postings as evidence this is normal behaviour for Sony on these issues- take a look at all the leaked court papers from sony's many pspjailbreak psgroove and psfreedom court cases and you'll see they've done that with each and every one of them.... Also most of those cases were successful I believe (to my utter astonishment). Spain told them what I expected mind you.
Also remember that most of those home-brews that were released were existing home-brews for use with jailbreak dongles and as such just needed signed with the new tools!