Geohot is very busy with his BLOG lately. Here is another update:
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Originally Posted by geohot BLOG
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For me I can say I would rather have the money donated to Graf. He can use it way better to fight Sony and the SCEx maffia.
Posted by PS3Hax Member News , on 16/04/2011 , @ 05:04
Geohot is very busy with his BLOG lately. Here is another update:
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Originally Posted by geohot BLOG
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For me I can say I would rather have the money donated to Graf. He can use it way better to fight Sony and the SCEx maffia.
Posted by GregoryRasputin , on 11/04/2011 , @ 10:04
The court case between SCEA and George Hotz(GeoHot) has been going on for a while now, well it appears that both parties have come to an agreement, GeoHot consented to a permanent injunction (which means stay away permanently from the PS3 and PS3 hacking related activities).
Here is a quote from the US PS3 Blog posted by Sr. Director of Corporate Communications & Social Media Patrick Seybold:
Joint Statement
Sony Computer Entertainment America (“SCEA”) and George Hotz (“Hotz”) today announced the settlement of the lawsuit filed by SCEA against Hotz in federal court in San Francisco, California. The parties reached an agreement in principle on March 31, 2011. As part of the settlement, Hotz consented to a permanent injunction.
Both parties expressed satisfaction that litigation had been quickly resolved. “Sony is glad to put this litigation behind us,” said Riley Russell, General Counsel for SCEA. “Our motivation for bringing this litigation was to protect our intellectual property and our consumers. We believe this settlement and the permanent injunction achieve this goal.”
“It was never my intention to cause any users trouble or to make piracy easier,” said Hotz, I’m happy to have the litigation behind me.” Hotz was not involved in the recent attacks on Sony’s internet services and websites.
In the action, SCEA accused Hotz of violating federal law by posting online information about the security system in the PlayStation 3 videogame console and software that SCEA claimed could be used to circumvent the security system in the console and allow the playing of pirated videogames. Hotz denies any wrongdoing on his part. Hotz’s motion to dismiss for lack of personal jurisdiction was still pending before the federal court in San Francisco but a preliminary injunction was issued requiring Hotz to take down the postings challenged by SCEA.
“We want our consumers to be able to enjoy our devices and products in a safe and fun environment and we want to protect the hard work of the talented engineers, artists, musicians and game designers who make PlayStation games and support the PlayStation Network,” added Russell. “We appreciate Mr. Hotz’s willingness to address the legal issues involved in this case and work with us to quickly bring this matter to an early resolution.”
[Source PS Blog] - Thanks to H0lyPuma for the News Tip via Twitter.
So what are your views, especially those of you who donated, do you feel like Geohot made the right decision? Do you believe that the rushed court case settlement could be the work/result of Anonymous? Let us know via comments below.
UPDATE 1
Here is a quote from the court case document:
On March 31,2011, Hotz met with SCEA representatives and the Parties entered
a confidential Memorandum of Understanding, agreeing to settle the dispute between
them. As a part of that settlement, SCEA and Hotz have agreed to the entry of this Final
Judgment Upon Consent and Permanent Injunction (“Judgment” upon the stipulated
facts. Each party has waived the right to appeal from this Judgment. Each party wil
bear its own fees and costs in connection with this action. The Parties further agree that
any violation of this Judgment by Hotz would cause irreparable harm to SCEA and, if
such a violation occurs, SCEA wil be entitled to immediate relief.
ORDER
IT IS HEREBY ORDERED AND ADJUDGED by consent of the Parties that Hotz,
whether as an individual or as a principal, officer, director or employee of any business
entity, and his agents, servants, employees, distributors, suppliers, representatives and all
other persons or entities acting in concert or participation with Hotz who receive notice of
this Judgment, shall be and hereby are permanently enjoined and restrained from:
A. Engaging in any unauthorized access to any SONY PRODUCT under the
law;
B. Engaging in any unauthorized access to any SONY PRODUCT under the
terms of any SCEA or SCEA AFFILIATES’ license agreement or terms of use
applicable to that SONY PRODUCT, whether or not Hotz has accepted such
agreement or terms of use, including without limitation:
(i) reverse engineering, decompiling, or disassembling any portion of the
Sony Product;
(ii) using any tools to bypass, disable, or circumvent any encryption,
security, or authentication mechanism in the Sony Product;
(iii) using any hardware or softare to cause the Sony Product to accept
or use unauthorized, illegal or pirated softare or hardware; and
(iv) exploiting any Sony Product to design, develop, update or distribute
unauthorized softare or hardware for use with the Sony Product.
If any term of such SCEA or SCEA Affilates’ license agreement or terms of
use applicable to that Sony Product shall be determined by Congress or by a
court of law in a final non-appealable decision in an action to which SCEA or
an SCEA Affiliate is a party to be illegal and unenforceable, then such term
shall not be binding on Hotz.
UPDATE 2:
And here is Geohots response via his blog:
As of 4/11/11, I am joining the SONY boycott. I will never purchase another SONY product.
I encourage you to do the same. And if you bought something SONY recently, return it.
Why would you not boycott a company who feels this way about you?
There is much more to come on this blog.
Posted by GregoryRasputin , on 27/03/2011 , @ 10:03
PSX Scene, well know for getting SCEA vs GeoHot court papers, has done it again, this time, the papers are the response from GeoHots lawyers to SCEA’s allegations that GeoHot has a PSN account, they reference a hardware hacker by the name of Bob Blick and even have a screen capture of a post on this very forum, from a user claiming to be the owner of the PSN account activated in the area where GeoHot resides, here is a quote from 113-main.pdf:
12. Attached hereto as Exhibit K is a copy of the website at http://www.ps3hax.net/2011/03/rumourgeorge-hotz-runs-away-to-south-america-lies-about-having-psn-account/#ixzz1HU0XDw3S, accessed on March 25, 2011. Fo-rum post 78 is from a person named eppog who states that she created the PSN account in question. Irrelevant portions of the 32 page document have been omitted.
The PDF’s also have images of GeoHots PS3
Download court case files from source, or from here.
Posted by PS3Hax Member News , on 23/03/2011 , @ 08:03
Is this for real or a joke/hoax, whilst it may seem that GeoHot running away to South America, is quite far fetched, the court document, below seems to prove that he may have had a PSN account and lied about it under oath, if this is the case, then GeoHot may have put winning his fight against SCEA in huge jeopardy, here are a few quotes from the document:
The evidence clearly establishes that this Court has personal jurisdiction over
Defendant George Hotz (“Hotz”). Contrary to his prior denials, Hotz did consent to
personal jurisdiction in California. In March, 2010, Hotz signed up for a PlayStation®
Network (“PSN”) Account using a new PlayStation® 3 computer entertainment system
(“PS3 System”) that he purchased. Moreover, Hotz has plainly directed his unlawful
conduct at Plaintiff Sony Computer Entertainment America LLC (“SCEA”) here in the
Northern District of California and has caused harm to SCEA, a resident of this district.
Hotz circumvented the technological protection measures (“TPMs”) in the PS3 System
and through his website, Hotz distributed circumvention devices to thousands of
California residents. Discovery from the third party webhost for Hotz’s website shows
that approximately 5,700 unique IP addresses1 in California downloaded the
circumvention devices from Hotz’s website before the commencement of this lawsuit. It
is impossible to seriously characterize Hotz’s widespread distribution of his hacking
software in this forum as “passive.” Indeed, this is precisely the type of interactive
website activity that, time and time again, courts have held is sufficient to establish
personal jurisdiction.
Contrary to Hotz’s declaration under oath,3 jurisdictional discovery has revealed
that Hotz did register for a PSN account. In response to SCEA’s inspection demand,
Hotz identified four PS3 Systems in his possession. Bricker Decl., ¶4, Exh. C. He
explained that he had purchased one of these consoles new in February 2010 and
provided the serial number for that console. Id. SCEA used that serial number to
determine that on February 25, 2010, Hotz purchased the PS3 System at a Gamestop
store just miles from his home. Law Decl., ¶6; Bricker Decl., ¶6, Exh. E. SCEA’s records
show that the same PS3 System was used on March 10, 2010 to create a PSN account
under the user name “blickmanic.” Law Decl., ¶6, Exh. A. The IP address associated
with the registration is located in Glen Rock, New Jersey, where Hotz lives. Law Decl.
¶6. Hotz’s ownership of the “blickmanic” account is further supported by the fact that an
Internet search of the user name “blickmanic” reveals a posting discussing the
jailbreaking of cellular phones – Hotz’s original “claim to fame.” Bricker Decl., ¶7, Exh. F
(“Just curious what people would pay for exclusive rights to this solution. [Motorola]
Tracfone W175g unlocked and debranded. PM me.”) As discussed above, to create his
PSN account, Hotz was required to first agree to the terms of the PSN User Agreement
and thus he is clearly subject to personal jurisdiction in California.
In January of 2011, without authorization, Hotz accessed and circumvented the
technological protection measures in the PS3 System. Not only did Hotz publish the
“Metldr Keys” on his website, he also provided links on his website to his other
circumvention devices, including the 3.55 Firmware JailBreak and the Signing
Tools, encouraging and enabling individuals to download these circumvention
devices, and thus facilitating video game piracy. Bricker Decl., ¶9, Exh. H.
Indeed, discovery from the web host for Hotz’s website shows that individuals from
approximately 5,700 unique IP addresses in California downloaded Hotz’s circumvention
devices prior to SCEA’s filing of this lawsuit. Bricker Decl., ¶10; Pierce Decl., ¶6, Exh. A.
By the time this Court’s injunction issued, the number of downloads in California had
increased to approximately 13,300. Even after the TRO required that the devices be
removed, approximately 3,200 unique IP addresses in California still tried to download
the circumvention devices. Bricker Decl., ¶10.
The large volume of downloads from Hotz’s website was not a fluke. Hotz
promoted his circumvention device by publishing a link to geohot.com at www.psxscene.
com, an online forum for PlayStation hackers and gamers.
When SCEA echoed TIG’s request that the components of the hard
drives be delivered immediately, Hotz’s counsel responded that Hotz was in South
America.
To continue reading the PDF, grab it here.
Source
UPDATE
Popular legal website, Groklaw has also mentioned the possibility of GeoHot having a PSN account, read what they have to say about it here.
IGN and The Wired were able to get information from Geohot’s attorney regarding the manner:
“The ‘integral components’ SCEA is talking about are stock controller cards, not the hard drives themselves,” Kellar told IGN in an e-mail. “The neutral subsequently had to explain to SCEA the form and function of hard drive controller cards. Those controller cards have since been provided to the neutral so the point is moot.”
Kellar also states Hotz is using the donation money he received for the lawsuit only and will donate any leftover funds after the case has been resolved.
“You can never take a vacation from a lawsuit. Mr. Hotz has had to make himself available 24/7 for this litigation, which has been quite demanding on him,” he said. “You have to remember that Mr. Hotz didn’t choose to fight this battle, but now that he has been sued, he has put his heart into fighting this case that has enormous implications for consumers world-wide.”
“As for any question as to whether Mr. Hotz has used donation money to take a trip to South America, that’s pretty silly. Litigating against a massive company like Sony, who is represented by five attorneys, is very costly for a 21-year-old,” Kellar added. “The donation money George has received is being used exclusively for his legal defense. If there are any funds left after the lawsuit, George is planning to donate the money to the EFF [Electronic Frontier Foundation].”
Stewart Kellar, Hotz’s attorney, said the issue is overblown.
“They didn’t have the controller card attached. That’s it,” Kellar said in a telephone interview Wednesday from his San Francisco office.
He said that Hotz has since turned over the cards, solving the problem.
Sony did not respond for comment.
Hotz, who is also well-known in iPhone hacking circles, so far is fighting the case on jurisdictional grounds, and maintains he should be sued in New Jersey instead of California.
As part of that battle, Sony claimed that it uncovered evidence that Hotz maintained an account on Sony’s PlayStation Network, which is based in Northern California. Hotz had denied holding a PSN account.
In its filing, Sony also pointed out that Hotz has left the country.
“Hotz conveniently traveled to South America in the midst of jurisdictional discovery, including his court-ordered deposition,” Sony said.
“I don’t want to comment on that stuff,” Kellar said. “He has done nothing to make himself unavailable.”
Update from Geohot’s blog, says he has not fled and is merely on vacation.
Factually, it’s true I’m in South America, on a vacation I’ve had planned and paid for since November. I mean, it is Spring break; hacking isn’t my life. Rest assured that not a dime of legal defense money would ever go toward something like this. And of course Townsend loves the idea of painting me as an international fugitive. I have been in contact with my lawyers almost every day; I would not let the case suffer. That said, I also won’t let this ridiculous lawsuit run my life either. Then the fearmongerers win.
I will be back, I hear it’s hard to come by the Xperia Play down here.
Posted by GregoryRasputin , on 18/03/2011 , @ 10:03
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:

Download Court Files(Thanks to Groklaw)
Posted by PS3Hax Member News , on 04/03/2011 , @ 08:03
This is some nasty news pouring in, according to The Wired, Sony has gotten permission to subpoenaed Bluehost (Geohot.com hosting company) to reveal a list of IP addresses of every visitor (and more) that visited Geohots site (which is most of you reading I assume). Full article and what Sony is looking into below. (more…)
Posted by PS3Hax Member News , on 26/02/2011 , @ 12:02
graf_chokolo had his house raided a few days ago and now geohot has something to say about it. Read the full article below.
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Posted by Pirate , on 25/02/2011 , @ 12:02
A new Geohot interview is out from the The Alyona Show. The interview talks about the latest PS3 hacks and what Geohot thinks of Sony’s (recent) actions, and his lawsuit. Geohot says in the interview that he is confident of winning the lawsuit against Sony, and the lawsuit is just a “scare” tactic to steer hackers away from the PS3. “Fear doesn’t win and its something [Sony] will never learn”
You can view it below here:
“I mean…ya know?”
Posted by Pirate , on 22/02/2011 , @ 10:02
Sony is now facing a lawsuit for the removal of OtherOS from the PS3. The proceedings are being conducted under the Computer Fraud and Abuse Act - the same charge as Geohot. Oh the irony. The case is Sony violated the Computer Fraud and Abuse Act by the removal of Linux from PS3.
Here is and interesting Sony’s defense on this matter:
One of Sony’s defenses is rather interesting, as the company claims that it had no way of knowing gamers who bought the hardware would want to use these functions for the life of the system, and the multiple warranties and Terms of Service all said that Sony had the right to remove functions from the hardware. From the court documents filed by Sony:
To establish the implied warranty of fitness existed, Plaintiffs must allege that SCEA had “reason to know” of their special purpose, i.e., to use the PS3 in perpetuity for all advertised features and functions including the Other OS; that Plaintiffs relied on SCEA’s expertise; and that SCEA had “reason to know” of their reliance on the continued availability of all features and functions. Plaintiffs have not only failed to allege these requisite facts, they indeed cannot due to the explicit language of SCEA’s Warranty, SSLA, and Terms of Service. Specifically, because SCEA had the right to terminate or alter any feature or function, it had no reason to believe that Plaintiffs purchased their PS3s particularly with the expectation and belief that all features, including the Other OS, would be available for the “life” of the PS3.
So in a nutshell Sony is saying that after your warranty is up, they can remove what ever feature they want. If you wanted to keep your OtherOS, they all you had to do was not update, however by not updating you then lose PSN feature, making this a lose-lose situation. It will be very interesting how Sony will defend against this in court. Karmas a bitch isn’t it?
Posted by PS3Hax Member News , on 19/02/2011 , @ 10:02
It seems that GeoHot is having a little trouble with funds and with $10,000 in debt already incurred by lawyer fee’s, he is asking for your help, here is what he said on his website, remember if he wins, we all win, so every little helps:

http://geohotgotsued.blogspot.com/
http://geohot.com/
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Looking forward to the end of this. /popcorn
Posted by PS3Hax Member News , on 13/02/2011 , @ 02:02
With the latest drama of the Geohot vs Sony lawsuit, it seems Geohot isn’t scared, a matter of fact he has a rap right here to prove to you its not!
Posted by Pirate , on 10/02/2011 , @ 09:02
More updates from the drama-tastic battle between Sony vs Geohot. As you know recently Sony was denied the request to expedited discovery, and the ridiculous subpoenas they asked for. However not all is a win, today Sony scored another one and Geohot is now forced to give up his HDD with all his data including those of PS3 hacking. (more…)
Posted by Pirate , on 08/02/2011 , @ 06:02
Things are seeming to go from bad to worse in Sony’s image. Just a few hours ago the well known DNS bypass trick has been blocked forcing you to update if you wish to play on PSN (an all other tools/methods). We must wait for the 3.56 CFW if we want to play on PSN again (or update to OFW 3.56).
In further news the Sony vs Geohot case is starting to pickup heat as Sony is now gathering evidence. Sony has demanded that Youtube give up information of Geohot’s youtube account where THIS jailbreak video was originally revealed AND, how many users had accessed the video, the usernames and IP addresses of everyone who viewed/posted/published comments related to the video…meaning this information probably includes YOU. A bit of an overkill don’t you think?
Furthermore, Sony has demanded Twitter to give information related to everyone on the Fail0verflow Team (good luck with that), and take them down as well.
Geohots attorney replied: “The discovery they call for in my opinion is overbroad,” when asked by The Wired.
What are your guys thought on this recent move by Sony? Do you feel they are taking the right tactics to stop hackers? Or are they just ruining there public image more than they need to? Let us know via comments below.
[Click here to view the subpoena for Youtube (PDF)]
Thanks to garyrobsi, and ry31 for news tip
Posted by Pirate , on 27/01/2011 , @ 03:01
Bad news for Geohot as Sony has been granted a Temporary Restraining Order for Geohot. It has also been ruled that Sony has enough reason to keep the court case in San Fransisco. PSX-Scene has gotten the court documents below:
Firmware 3.56 update has indeed landed so conveniently
[Download TRO Geohot vs Sony]
[VIA PSX-SCENE]
Posted by Pirate , on 24/01/2011 , @ 06:01
The Geohot vs Sony case is still ongoing and more drama has unfolded for you. Sony has made allegations that GeoHot’s actually owns a PSN name known as “Geo1Hotz” (thereby violating PSN ToS), but Geohots lawyers disagree and are calling for a dismissal of case all together. Now it could be very true that Sony may have created a fake account to “frame” Geohot (just like the donation trick they pulled), but looks like time will tell. (more…)
Posted by PS3Hax Member News , on 18/01/2011 , @ 08:01
Geohot has updated his website with a Supplemental TRO. It outlines various reasons for why geohot can still be tried within the California jurisdiction.
1. Purposeful Injection
“The court’s determination that defendant has purposefully directed its activities toward California is sufficient to resolve this factor in favor of jurisdiction.” AutoDesk,2004 WL 603382 at *7 (N.D. Cal. 2004). As established above, Hotz engaged in unlawfulacts directed at SCEA in California. This factor weighs in favor of finding personal jurisdiction.2. Burden on Defending In This Forum
Unless “inconvenience is so great as to constitute a deprivation of due process, it will not overcome clear justifications for the exercise of jurisdiction.” Panavision Int’l LLP,141 F. 3d at 1323; Caruth v. International Psychoanalytical Ass’n, 59 F.3d 126, 128-29(9th Cir.1995) (emphasis added). Although Hotz resides in New Jersey, any inconvenience in litigating in California certainly does not rise to the level of “any deprivation of due process.” Also, Hotz has already secured counsel in the Northern District of California.3. Extent of Conflict with Sovereignty of Hotz’s State
There is no concern that this district’s exercise of jurisdiction would conflict with the sovereignty of New Jersey, where Hotz purportedly resides. See Autodesk, 2004 WL603382 at *8 (“the sovereignty barrier is not particularly high when defendant is merely from another state”); Panavision, Int’l., L.P., 141 F.3d at 1323.4. Forum State’s Interest
California has a strong interest in protecting residents who have been tortuouslyinjured. Panavision Int’l., L.P, 141 F. 3d at 1324. SCEA is based in California.Therefore, this factor weighs in favor of personal jurisdiction.5. Effective Resolution of the Controversy
Because SCEA is based in California, Hotz’s unlawful conduct and the resulting harm impacts SCEA here in California. And one of the other defendants, “Bushing,”resides in this district. Gilliland Decl., ¶¶ 4-5, Exhs. C, D. Moreover, much of the evidence and witnesses will likely be in California, not any other forum. Therefore, this factor weighs in favor of personal jurisdiction.6. Convenience and Effective Relief for Plaintiff
The Northern District is a convenient forum for SCEA’s as its principal place of business is located here. Most of the evidence and SCEA’s witnesses are also located in this district. This factor weighs in favor of personal jurisdiction.7. Alternative Forum
This factor favors personal jurisdiction in California because both SCEA and Hotz’s co-defendant Bushing are located here in the Northern District of California.Although an alternative forum would be convenient for Hotz, litigating this case in California is more practical because of the facts and parties involved. Moreover, all the other factors listed above weigh in favor of jurisdiction in this District.On balance, these factors weigh in favor of litigating SCEA’s claims in this district. Hotz cannot present a “compelling case” that this Court’s exercise of jurisdiction would be unreasonable and deprive him of due process.
Looks like Sony’s lawyers want to get paid by keeping this court case in California.
This is the link to the supplemental TRO http://www.scribd.com/doc/47099778/g…nd-235965-32-0
SOURCE geohot.com
Posted by Pirate , on 15/01/2011 , @ 11:01
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 HotzSan 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!
Posted by Pirate , on 14/01/2011 , @ 03:01
We knew it would happen. Geohot released on his blog the PS3 “root key” and various tools to run homebrew on the PS3. Geohot posted on his blog the following:
As of 1/11/2011 7:20 PM EST, I have been served with papers, see below…
Motion For TRO
Proposed Orderold front page, with relevant info removed, is here
contact me geohot … gmail
You can download the court papers here (an interesting read):
Fail0verflow is also stuck in the mess, here is some responses from the team:
From Fail0verflow’s Twitter http://twitter.com/#!/fail0…
“Looks like Sony decided to ignore the facts and sue us all for it. See http://geohot.com/”From Hector Martin’s Twitter
http://twitter.com/#!/marca…
“Ah, so Sony decided to sue everyone under US law. Guess I won’t be visiting the US in a while…”From Muscle Nerd’s Twitter
http://twitter.com/#!/Muscl…
“EFF has done a fantastic job keeping iPhone jailbreaks (not piracy!) legal..hope they can do the same with this PS3 news”
List of charges:
Seems like Sony isn’t planning going down without some payback first. What are your thoughts about this? What do you think will be the outcome of this case? Let us know by replying below
According to PSGroove, Geohot response is now available, you can view the response HERE. The response basically defends Geohot and claims that Sony’s actions are not justified against Geohot. Furthermore you can also see refiled documents by Sony outlining tactics similar to the PSJailbreak lawsuit (view HERE).
Sony failed in attempts to get a restraining order on Geohot, to quote @ Geohots Blog: “ As of 2:00 PM EST, 1/14/2011, I am not subject to any TROs“
Clarification from readers over at Engadget of the judge ruling, to quote:
Update: Looks like we jumped the gun and got the story a little wrong, but thanks to our readers we’ve discovered that the judge declined to rule on the TRO. Instead she tabled the TRO issue because she was not satisfied that the Northern District of California has jurisdiction to rule on the matter because Geohot hacked the PS3 in New Jersey.