Judge lets Sony access GeoHot's PayPal account in PS3 hacking lawsuit

[Emil]

Magistrate Judge Joseph C. Spero has awarded Sony a subpoena that grants the company access to the PayPal account of PlayStation 3 jailbreaker George Hotz, also known as GeoHot, for the last two years. Spero ruled that the Japanese console maker may acquire "documents sufficient to identify the source of funds (PDF via Wired) in California that went into any PayPal account associated with geohot@gmail.com for the period of January 1, 2009, to February 1, 2011."

The information sought is part of a jurisdictional argument over whether Sony must sue GeoHot in his home state of New Jersey rather than in San Francisco, where Sony would prefer. Sony argues that if GeoHot accepted monetary donations for the PS3 hack from people residing in Northern California, San Francisco would be a proper venue for the litigation. GeoHot denies he accepted donations, though he did ask for them.

Spero's decision follows sidings with Sony from earlier this month. The judge allowed Sony to obtain the IP addresses of everyone who visited GeoHot's personal website for the past 26 months (since January 2009) as well as the account names of anyone who has accessed a PS3 jailbreak video on the 21-year-old's YouTube account, his tweets relating to the hacking on Twitter, information on people who posted comments to his blog on Blogspot, and information about his account on the PSX-Scene website.

Last month, Sony demanded that Google hand over the identities of those who have viewed or commented about the jailbreak video posted on YouTube. GeoHot posted the video on January 7, later made it private, and then pulled it on a judge's orders.

Sony's legal attacks against the hackers that released the PS3 root key and custom firmware began two months ago. 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. Sony is still threatening to sue anybody posting or distributing PS3 jailbreak code, despite the fact that the company accidentally tweeted the PlayStation 3 security key.

Sony's official stance is if you crack your PS3, you'll get banned. GeoHot meanwhile says "beating them in court is just a start."

Permalink to story.

https://www.techspot.com/news/42878-judge-lets-sony-access-geohots-paypal-account-in-ps3-hacking-lawsuit.html

 

[Leeky]

So they've frozen his assets and are allowing unrestricted access to them as well now?

 

[Rick]

The punishment should fit the crime and in this case, the process sounds worse than the punishment.

 

[Mizzou]

See that we still have the lingering issue of jurisdiction in this case, clearly Sony really wants to see this case tried in California.

 

[Leeky]

I don't get the whole "where shall be try this case, because its better in x state".

Surely the place where the court should see this person is the state where he lives?

 

[CrisisDog]

Am I missing something, or didn't the Library of Congress state "jailbreaking" was not illegal? How is this different?

 

[Sarcasm]

Crisisdog said:
Am I missing something, or didn't the Library of Congress state "jailbreaking" was not illegal? How is this different?

Perhaps if he only "jailbroke" his own PS3 and didn't publish the root keys across the entire internet???

 

[9Nails]

What if mechanics couldn't soup-up their hot rods or customize their motorcycles? Isn't that the same thing here?

I just don't get why consumers aren't allowed to use their electronics for purposes beyond the manufactures intent. So GeoHot voids his warranty, he didn't steal the PS3 from the store, so why can't he void the warranty if that's what he desires?

 

[TrekExpert]

Wow. I've got a feeling that things are not going too good for geo...

sarcasm said:

Crisisdog said:
Am I missing something, or didn't the Library of Congress state "jailbreaking" was not illegal? How is this different?

Perhaps if he only "jailbroke" his own PS3 and didn't publish the root keys across the entire internet???

I still don't see the difference. If jail breaking a ps3 is not illegal how is his jail break illegal? He is not aiding people commit "illegal acts" and those people who viewed his video or visit his website have anything to do with his case? They couldn't have possibly done anything illegal with the ps3 jail break. The only thing I think they should legal be able to charge him with is that if the root key is copyrighted he would be distributing illegal content but I don't think that is the case.

 

[war59312]

I hope he sues the court and Sony on constitutional grounds via Fourth Amendment.

He has a 100% expectation of privacy when it comes to his paypal account.

 

[Guest]

The LOC ruled that removing software locks on a phone is legal for the purposes of using on a network not approved by the manufacture is a valid exception to the DMCA.

But the exception was for cellphones only, not general purpose electronics. Other electronics anti-circumvention is still covered by the DMCA, which explicitly prohibits jailbreaks and unlocks.

Now - in terms of the actual ruling - does Sony have a burden of proof that the funds sent to Geohot via paypal are in response to the Sony circumvention?

I sent PayPal to Geohot during that period, for his (legal) iphone jailbreaks. Sony should be required to prove that any donations were explicitly for the PS3 action, not of other origin.

 

[gwailo247]

I still think that essentially GeoHot has rolled over, and is pretty much letting Sony do whatever it wants in order to avoid jail/fine. And now the rest of us are going to get screwed over as they set precedent after precedent.

Here's a tip hotshot, anonymity, try it...

 

[Cota]

9Nails said:
What if mechanics couldn't soup-up their hot rods or customize their motorcycles? Isn't that the same thing here?
I just don't get why consumers aren't allowed to use their electronics for purposes beyond the manufactures intent. So GeoHot voids his warranty, he didn't steal the PS3 from the store, so why can't he void the warranty if that's what he desires?

I think you mixed 2 ideas
-customize
-piracy/cheating

The root key allows you to modify your PS3, the problem is that it gives you to much power and when some people have that kind of power they tend to cheat, not leaving a side the piracy problem.

And to complement your reference, if i had a motorcycle i would like to mod it to look like a taco that craps icecream on the road, but im sure i cant trow icecream of the street whit out breaking the law.
"Rules keep you from doing certain things, but they also protect you" else just ask any gamer that played online and got hacked because the root key drama

 

[krayzie]

why do we use "jailbreak" term outside apple products?

 

[Nima304]

This is stupid. I'm losing more and more respect for Sony.

 

[Whoaman]

Bye Bye Sony. Spero is a total &ss and it would be more appropriate if he provided his services in China.

 

[Guest]

Sony = The New World Gestapo

How much does a judge cost these days? Anybody checked his bank account lately?

BOYCOTT SONY

 

[Guest]

It's great to see Sony taking action. When people cheat and hack like that, it makes online games pointless to play. Everyone involved should get jail time as far as I'm concerned.

 

[Guest]

I felt a little bit guilty when I bought a sony home theater system (it was on sale/open box item at best buy).

After reading this i feel down right dirty. I will never purchase another sony product. I damn sure will never own a PS3.

 

[Guest]

I will never buy another $ony product again..

 

[Guest]

Jailbreaking your own property is fine, nobody is arguing that. What happens when those jailbroken ps3 gets on the network and brings viruses that affect everybody else system? I'm sure you have virus protection on your computer, why? Because people with affected computers, affect yours. Jailbreak your property all day long, just don't make it to be something it's not. Think about prescription drugs, it's yours, your name is on it you bought it, but do you own it? No.

 

[Guest]

It's fine using a jailbreak on your own PS3. Distributing the root keys for everyone else on the interwebs is what Sony had a beef with, and rightfully so. Unfortunately, everyone can refer to those who would use that information for malicious purposes.

It is impossible to say "this software will not be used for pirating/hacking" and completely regulate/enforce your statements.

Good for Sony.

 

[Guest]

It's impossible to say whether or not the car that Ford sells me will be used to violate the law, yet they're allowed to continue selling lots of cars.

It's impossible to say whether or not the handguns that are sold will be used for illegal purposed, yet they're still sold.

Why are you ****** okay with "someone might shoot me, but I defend his right to own that gun", but not "someone might use this to pirate a game, so he NEEDS TO BE STOPPED"?!

 

[Guest]

Bottom line, though you payed sony for the device, you don't own it, Sony owns you, your family and anything that came with 25 ft of a sony console...
If you're foolish enough to give your money to a corporation like sony you get what you deserve...screwed one way or another.

 

[Darkshadoe]

Guest said:
It's great to see Sony taking action. When people cheat and hack like that, it makes online games pointless to play. Everyone involved should get jail time as far as I'm concerned.

Yes because online cheating IS the end of the world isn't it?

Let's allow a corporation ruin one man's life just because you suck at online games.