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GeoHot must give Sony his hardware in PS3 hacking lawsuit

By Emil Protalinski

On February 11, 2011, 2:54 PM

US District Judge Susan Illston has ruled that PlayStation 3 jailbreaker George Hotz, also known as GeoHot, must hand over his computer's hard drive to Sony. GeoHot's attorney, Stewart Kellar, objected since Sony would be able to see the contents of all his client's files, but Illston merely informed Kellar that this was routine, like in child pornography prosecutions.

"Your honor, we're certainly not dealing with child pornography in this issue," Kellar replied according to Wired. Illston did not change her mind. "Here, I find probable cause that your client has got these things on his computer," she said. "It's a problem when more than one thing is kept on the computer. I'll make sure the order is and will be that Sony is only entitled to isolate … the information on the computer that relates to the hacking of the PlayStation."

On the flipside, the judge changed her mind about an order for GeoHot to "retrieve" the code from anyone he delivered or communicated it to, changing her mind because she was not previously aware of all the details. "It's information. It can't be retrieved. It's just not practical," Illston said. "What would they do, Xerox it and mail it back? This kind of got away from me and I apologize for that."

Late last month, Ilston had originally ruled that the 21-year-old surrender "any and all computer hardware and peripherals containing circumvention devices, technologies, programs, parts thereof, or other unlawful material, including but not limited to code and software, hard disc drives, computer software, inventory of CD-ROMS, computer diskettes, or other material containing circumvention devices, technologies, programs, parts thereof, or other unlawful material." She also said the defendant "shall retrieve" code "which he has previously delivered or communicated" and gave GeoHot just 10 days to comply.

Kellar fought back for his client, and although he couldn't stop Sony from getting the 21-year-old's hardware, he did manage to gain more time and convince the judge that the retrieval part was impossible.

In the bigger scheme of things, Sony is still threatening to sue anybody posting or distributing PS3 jailbreak code. The electronics giant is demanding that a federal judge order Google and Twitter to surrender details of anyone who looks at the illegal content. This is despite the fact that Sony accidentally tweeted the PlayStation 3 security key earlier this week. A hearing for that is scheduled next month and Sony is seeking unspecified damages.

Sony's legal attacks against the hackers that released the PS3 root key and custom firmware began last month. The group known as fail0verflow is accused of posting a rudimentary hack in December 2010 after finding security codes for the PS3. It was refined by GeoHot weeks later when he independently found and published the PS3 root key. The resulting hacks allow homebrew apps and pirated software to run on unmodified consoles.


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User Comments: 33

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  1. hello ...

    sorry for interrupting, but i still find it hard that some, which i even thought were mature enough to understand do come up with reasons even 12 year old kids would be ashamed of.... again it's not toward everyone ...

    1st - GeoHotz didn't do something illegal according to law when he fiddled with the codes, but something against the TOS protected under other laws about protecting patent, copyright & against reverse engineering.

    2nd - You always own the material, not the concept, the design or anything already filed by a company, an author or a publisher. Anyone not understanding this, i wish that some day you become an artist, an inventor or a publisher & see people ab-using your creations without your consent & where you don't get anything out of it or just see someone stealing your ideas to create variations that sell better than yours & for cheaper.

    3rd - Jailbreaking some mobile phones is legal in some parts of the world, not everywhere & this has never been said to apply to bigger machines, like gaming consoles. if you have proof, please do post a link & i apologize.

    4th - The knife vs gun analogy: Knife created not necessarily to commit murder, gun created mainly to kill! GeoHotz case: gun analogy applied, why!? : if he's a 'hacker' or 'researcher' he must know what can be done & even if it looks more to the knife analogy, he didn't release the code for homebrewers, he did so to show off & like any immature decision, caused chaos in some zones. he released it to the world with the intentions of the world being his storage media & have his names all over the media, well he succeeded but now ask those gamers who had to face hacked sessions if they are happy, ask the developers if they want to push up their work.

    GeoHotz should give his PC but i'm not sure how this can really help SONY or any other companies having same problems. Legally, GeoHotz should be forced to penal servitude in the anti-hacking world & find way to counter attack those who are already using his job to commit a 'crime' against gamers.

    KB is still our fav Virtual VP :P ... he is just human & to be human is to err !!! ... SONY should still be careful about social networking communications.

    No one reads entirely the TOS, we also often go against them, but we are not forced to steal each & every game out there, spoil the gameplay of others, pester companies & think we can get away with it.

    Those who think a platform is better that others, has no idea what gaming is & either can't afford the other ones or are just ignorant, real gamers know that each platform has something different & interesting to bring, so even if this isn't the debate & people can have an opinion, it is just stupid to state that sugar is sour to the world because i don't like it while the majority have a common opinion, i could say, i can't taste sweetness, will sound true & mature.

    Now let's get back playing on our fav platforms, I play on PC & PS3 & absolutely loving both & i just hate people spoiling my gameplay & lame ignorant comments, that's my opinion, what's yours !?

    cheers!

  2. I personally see nothing wrong with what geohot or other "hackers" have done to consoles,

    what is wrong with spreading information about how things work?

    now with SONY seizing his hardware seems a bit odd since they are a biased party in the trial and a third party should be doing the checking of said hardware or else it isn't a truely fair trail since who is stopping sony from implanting false infromation just to get their way? Hopefully the court made Ghost copies of his HDDs and documented all the hardware prior to letting SONY do their search. Thus Sony can not force their way.

    I'm sick of Corporations locking down information because they don't want people find free alteritives... but thank god for the GPL

  3. The resulting hacks allow homebrew apps and pirated software to run on unmodified consoles.

    To think this all came about after Sony took away functionality that GeoHotz wanted, functionality which i believe was available when he bought the console and now its come to this, its a shame really.

  4. hello ...

    aj_the_kidd said:

    The resulting hacks allow homebrew apps and pirated software to run on unmodified consoles.

    To think this all came about after Sony took away functionality that GeoHotz wanted, functionality which i believe was available when he bought the console and now its come to this, its a shame really.

    functionality SONY removed because of him in the 1st place.

    I'm not against someone doing research, but having the power to do great things will always be cut short when compared to same being stupid enough to go against the law & morality.

    If GeoHotz did hacked the console to do anything he wanted & showed only videos of what he achieved, would have made him a respected researcher / hacker, but no ... he was lame enough to publish it to the world, now he must accept the consequences & all those who did same will have to pay.

    we must stop being hypocrite by saying games are expensive, consoles are bad, hackers do right, businesses are greedy ... for in the end we are all greedy businesses wanting more things for cheap or free & wanting our competitors to fall while our own items on sale could be overpriced or highly justified high price. If we don't like, we don't buy, if it is a multi-million project that's worth a 10 hours playing, we do buy it & don't compare to 50 hours games of yester-decade ... they may be great games, but there's nothing comparable in the work done.

    In the end, the real losers are you & me, the legit owners, the loyal supporters for when there is a war, there is always a collateral damage & hackers are so irresponsible that they deserve the pyre ...

    oh btw, happy valentine's day ! :P

    cheers!

  5. I never liked Sony, their speakers are crap, their TVs are ok-- nothing to brag about, and their car audio is worse than PYLE, it's no surprise they'd pull something as if its like a public hanging (of geohot) and have him surrender all his data. Hopefully he had enough time to do a Boot n' Nuke on the machines. Unfortunately for Sony, they have lost a lot of respect and I think they should've just let this go... oh well ANONYMOUS should hit Sony up and release some docs

  6. This man should be offered a job for Sony. If he is only 21 and much smarter than the rest of tehre company by finding these exploits they may want to seek having him prevent this from happening in the future.

    Seems like these big companies are jealous of the youth in america that can out smart them much faster than it took them to create what is so called a "great product". Stop punishing people for being smarter than you but instead reward them for finding something your company failed at doing so in the first place.

  7. Richy2k9 said:

    functionality SONY removed because of him in the 1st place.

    Source please?

    Guest said:

    This man should be offered a job for Sony.

    Probably would have been the best option in retrospect but both parties have dug themselves into a hole so its not gonna happen

  8. Thanks Emil. Forgot to post it.

    Have you considered the fact that I was aware that he was an actor, and made the post anyway?

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