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PlayStation 3 hacking lawsuit delayed already

By

On January 17, 2011, 4:10 PM With Video

Sony's legal attacks against the hackers that released the PlayStation 3 root key and custom firmware have hit a snag. San Francisco District Court Judge Susan Illston does not agree with Sony's argument that California courts have jurisdiction due to the use of a Paypal account and George Hotz, also known as GeoHot, agreeing to the Terms of Service on the PlayStation Network. As a result, the ruling on where the case should be tried has been pushed back, and there is no time frame for a decision.

"If having a PayPal account were enough [for California to have jurisdiction], then there would be personal jurisdiction in this court over everybody, and that just can't be right," Illston said, according to GamesIndustry. "That would mean the entire universe is subject to my jurisdiction, and that's a really hard concept for me to accept." She suggested that the case might need to be tried in New Jersey, Hotz's home state and where he actually committed the hack.

Delays this soon are not good news for Sony, especially given that the company has asked for a temporary restraining order to keep the hacks off the Internet. The entertainment giant also wants the computer equipment used to crack the system and create the firmware, as well as monetary damages.

The above video is an episode of AOTS (Attack of the Show) where Geohot appeared live and talked about the Sony lawsuit. He made it very clear that his jailbreak doesn't enable piracy; all that it does is allow anyone to run unsigned homebrew apps for the first time on their PS3s. When asked "what exactly the issue is, what are you being sued for here?" he replied "for making Sony mad."


User Comments: 60

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  1. Guest said:

    I cant believe you ****** are cool with geohot allowing for our favorite pastime to be destroyed. Jesus what has this world come to. This is the way of the world. Try buying a house and thinking you can do whatever you want to it without getting permits first or checking with your association and seeing if it's legal. You cant!!!!!!! So why are you so up and arms about buying a ps3 and thinking you have the right to do whatever you want outside of the reason they made it.

    When Sony originally marketed the PS3, they didn't market it only as a "gaming console". They marketed the PS3 as a computer, a media center, a blu-ray player, a social networking device (playstation home). Then Sony came along with a patch that took away the computer aspect of the deal, and the ability to make a ps3 cluster "super computer". Personally, I never used Other OS as it was painfully slow, though I PAID for a feature that is no longer accessible to me, and I want it back. As far as I am concerned, Sony went into breach of contract the second they released firmware that disabled Other Os, and therefore pulled out all the stops for people to do anything they please to their PS3. GeoHot included.

  2. Congrats, George. Jailbreaking your iPhone doesn't allow other iPhone users to jump into my calls or screw with my apps, but releasing the PS3 root has completely destroyed the online portion of 2 games already. From this point forward, I'll have to consider hackers during every purchase decision. But hey, I can run a useless OS called Linux and accomplish nothing important on what used to be a great console, right? This isn't about piracy, M0R0N. This is about fragging the online gaming experience for hundreds of thousands of people so that a couple hundred people can put Linux on something more advanced than an Atari 2600 or a T-shirt. Who's the mad one here, Sony, or you? This is childish vandalism... vandalism you caused. Now you need to generate a hack to stop hackers from screwing with regular people on PSN. Get on it, you über LEET loser.

  3. hello ...

    sorry if repeating here:

    1 - in absence of law, your freedom still stops at the start of another 1

    2 - reverse engineering anything can lead to prosecution

    3 - games developers, like music artists, publishers, in other words copyright owners can & will sue anyone owning a copy of their work without their express consent or it being legally obtained, freely or after a purchase & anyone trying to say that it's not theft, doesn't understand the concept of copyright infringement; it means stealing the right of use of something without the consent or having paid for the 'usufruct' ...

    4 - hacking brings piracy & homebrew, but i never came upon homebrew that are really worth risking a system (won't go through that list again about fart machines :P) ...but hacking also open the door to other wrongdoing people, this is a perfect example & won't touch only legit owners but also those having a hacked console so where's the real advantage ... just for you to play an 8 bit game on the HD console, having linux with GFX-access limitations & i'm sure not all those whining about loss of OtherOS did use it & it's not even about the principles but only respecting others & then you get what you deserved, whether good or bad.

    now it has begun & because of a few immoral cheap owners, we are all going to suffer, thank you!

    the aftermath will be a hard hit when this time big corporates will impose on governments & ISPs to take precautionary & punitive measures, it's going to be really bad!

    to those saying you don't have cheaters that way on other platform, it is because the servers have implemented anti-cheat systems (steam/battle.net/Xbla), PSN will surely follow soon, but meanwhile PSN users can still find their accounts stolen, game experience spoiled until this is done & this can happen even on those servers... on PC they won't find the need doing so for they are mostly busy hacking to steal the game not the service behind & they put up easily alternative solutions, i know some lame pirate gamers who plays online with dedicated servers, on XBL, hacked consoles are banned & same will follow on PSN when SONY find a way to track them (contact the ISPs, it's totally possible & soon legal)

    Geohot may not be directly responsible for this, but he is in fact for the mess because of his immaturity .. i hope they can sue him to do some social work like cleaning up that mess...

    those who think hacking / piracy is good & other platforms other than theirs are bad no good sense at all

    cheers!

  4. You clearly don't remember when Sony deliberately placed a trojan on music CDs to infected their customers PCs with a rootkit as part of their insane anti-piracy efforts.

  5. What's wrong? You don't like being hacked by Sony for pirating?

  6. I hope this Sony takes this guy to the cleaners; I hope he is required to turn over all his computers to Sony.. As a playstation owner and online user, theres more to the storey than this geek is letting on. In recent weeks, I've noticed alot of hackes during online games.... Since the root key has been made public, thanks.

  7. You clearly don't remember when Sony deliberately placed a trojan on music CDs to infected their customers PCs with a rootkit as part of their insane anti-piracy efforts.

    I do, the trojan that was planted was doing far more than DRM ... it was scanning computer contents and browsing habits and sending this information back to Sony for analysis. The U.S. government sued Sony for this little misadventure.

  8. Do people realize that it was Geohot's fault that the OtherOs feature was removed in the first place because he said he was close to fully hacking the PS3? Sony only removed OtherOs to lock the "back door." They were protecting themselves yet people got angry at them when I feel that they should've gotten angry with Geohot

    And unfortunately for Sony, fail0verflow kicked in the "front door" while Geohot gave away the keys to everyone while also asking for donations

    And I think people should stop praising him so much. I mean, yes, he is a very talented programmer but is quite smug and immature and quite possibly the biggest attention ***** out there. He released buggy and glitchy jailbreaks to grab the spotlight; jailbreaks that the iPhone Dev Team didn't want released for good reason.

    Finally, I have a feeling that sometime in the future, instead of being able to buy consoles and games, we are only going to pay a fee to license them. That way, the companies to have a legal way to say, "You can't do that." It will be ok as long as we use them as intended but stray away from that and you will get butt******.

  9. Hey I bet most posters here have broken the law so those calling Geo Hot a criminal is just a bit stupid. Why do I think you have broken the law you may ask? Well if you have ever sold on or traded in a game, you have broken the terms of the agreement that states on the back of each game, and I quote

    "all unauthorised access, use or transfer of the product or its underlying copywrite and trademark works is prohibited"

    "Resale and rental are prohibited unless expressly authorised by SCEE"

    Yep its there on each game, read the small print you common criminals. You should be locked up and throw away the key

  10. if the hackers dont pay the price then there wont be games to injoy period if sony thinks they can win then by all means win these hackers are out of control and there nothing being done about it everygame i throw in my ps3 thats multiplayer is being hacked daily i pay out of control prices for all my games and the pawn shops and games shops wont even look at taking them back if anything we should all sue sony for our money back and be dun with ps3 and that go for them xboxers too fawk zionist propaganda machines if we cant have fun on em then get em out of here for good.

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