Sony attempts to get a restraining order

Discussion in 'GBAtemp & Scene News' started by Rydian, Jan 12, 2011.

Jan 12, 2011
  1. Rydian
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    Member Rydian Resident Furvert™

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    [​IMG]


    Sony is filing a motion for a Temporary Restraining Order against various hackers such as Bushing and Geohot, in an attempt to keep them from doing anything with the PS3.
    SCEA respectfully requests that the Court issue: (1) a TRO immediately barring Defendant Hotz from (a) circumventing the TPMs in the PS3 System; (b) offering to the public, marketing, distributing, or trafficking in the Circumvention Devices; and (c) accessing SCEA’s protected PS3 System, obtaining and transmitting SCEA’s proprietary information or code, and impairing the confidentiality of information obtained from the PS3 System until a
    preliminary injunction can be issued[/p]
    This is done as an immediate measure to prove to courts that there is a serious problem in order to get whatever action is taking place stopped long enough for Sony to build up an actual case.
    This motion seeks to close the door for rampant piracy that Defendants have illegally pried open in violation of federal and California law. [/p]SCEA Will Suffer Irreparable Injury And The Balance Of Hardships Strongly Favors SCEA[/p]
    At first read some of the things Sony's claiming seem to be grasping at straws here...
    The Public Interest Strongly Favors Granting SCEA Injunctive Relief [/p]However it appears like they're taking a "shotgun" approach for safety, simply tossing out as many things as they can in the hopes that enough will be valid to get this motion passed as quickly as possible (so the damage to them can be lessened or halted while they focus on building the full case). In fact Sony lists 42 previous court cases in the hopes they'll be used as precedent, and lists 14 statutes of US law (from sections 17 and 18, which deal with copyright and punishments, both civil and federal) that they claim have been violated or define punishments the defendants would take if a full case went through.
    Finally, SCEA will likely prevail on its claim under §1030(a)(7)(B), which prohibits “intent to extort from any person any money or other thing of value” by threatening “to obtain information from a protected computer without authorization or in excess of authorization or to impair the confidentiality of information obtained from a protected computer without authorization or by exceeding authorized access.” Hotz violated this provision when, in the
    same post in which the published SCEA’s Keys, he attempted to obtain from SCEA “a thing of value” in the form of employment: “if you want your next console to be secure, get in touch with me.”
    [/p]This isn't looking good for the defendants, as Sony is claiming that not only was the DMCA violated, but the Computer Fraud And Abuse Act was as well, which is more concrete and carries stiffer penalties (including possible jail time).

    [​IMG] Source (PDF, 207KB)
     


  2. BORTZ

    Global Moderator BORTZ wtf, nintendo

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    Shit.

    Well i mean what else are you going to do if your flag ship starts taking on water? Throw as much off as you can as fast as you can.
     
  3. Rydian
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    Member Rydian Resident Furvert™

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    This is the same thing they did against the jailbreak dongles BTW, get a TRO as quickly as possible to stop them long enough to build a case.
     
  4. BORTZ

    Global Moderator BORTZ wtf, nintendo

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    did that get them very far?
    We still have jailbreak dongles... right?
     
  5. TwinRetro

    Global Moderator TwinRetro Don't start nothin', Won't be nothin'

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    Geohotz might have to take one for the team here. He is the originator, and the cat is already out of the bag. No way to stop that now, but someone must fall so others may stand and fight.
     
  6. BORTZ

    Global Moderator BORTZ wtf, nintendo

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    Not that i really wanna stand up and fight for him, but is he going to get skewered for all of us to have free PS3 games and whatever we want?
    I guess that mean id have to get a PS3 first... nuts. never mind.

    Also
    I like that quote lol
     
  7. Maz7006

    Member Maz7006 iSEXu

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    regardless of the outcome, IF Geohot and the accused party get through, i doubt they'd have much motivation to even continue what they started

    best of luck to both sides i suppose.
     
  8. VashTS

    Member VashTS Beat it, son

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    if he were smart he would have released it under an alias. you know sony likes to start shit hurricanes.

    i can't believe that they would sue him. i hope he is found not guilty. obtaining a key / making cfw is not illegal. its the actions that are taken with that information that can be illegal.

    if i post a DIY to make a cable stealing hotbox is that illegal? hell no.
    and lets take it further, ill give you links on where to purchase the materials to make that hot box. illegal? no.

    he released some information and some patches (not the actual update). not illegal. nuff said. there is nothing that his cfw nor the keys (just the actual characters themselves) do to bypass any security measures.

    it allows you to install a pkg file but that does NOT enable you to pirate things. so yes you can technically say it bypasses that measure as it is not allowed on OFW but not enough to sue and win in my opinion.

    btw i'm probably getting a ps3 tomorrow.
     
  9. Rydian
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    Member Rydian Resident Furvert™

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    While he's not the original hacker, his glory-seeking really cost him this time.
     
  10. Wombo Combo

    Member Wombo Combo That Ain't Falco

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    Well that is the American way just sue everyone. Really sometimes I hate living in the USA because our legal system is broken you can sue anybody for anything. Hopefully he can come up with a real life jailbreak if they arrest him.
     
  11. dsfanatic5

    Member dsfanatic5 Team ICO Freak

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    Fuck Sony. I own over 60 games for the PSX, all original purchases, and no used bargains. It was amazing, and my PS2 was a great DVD player, much like how my PS3 is a great Blu-Ray player. Since 1996+ Sony hasn't really impressed me, and they continue to blatantly "Mimmick" successful formulas created by their competitiors. They throw tons of money at proven success, and hope for the best. If it wasn't for first party titles like ICO, Shadow of the Collossus, God of War (ok that's all, really) I wouldn't even own one.

    I bought a PSP on day one, and it's still rotting on the original 1.5 firmware (because no games were worth updating for).

    I expect Sony to relash against what is perhaps the entire downfall of their game devision. However, I still laugh at how they probed hackers to persue their endeavors, when they blocked Other OS compatibility. As soon as this new PS3 hacking becomes foolproof, with the new keys and all, I'm going to rake my PS3 across the coals. Just for the record, I bought my PS3 system used, so Sony hasn't profited from me at all. Maybe Sony should take second-hand game dealers to court, since they've probably lost more money from used sales than piracy or hacking.
     
  12. ChuckBartowski

    Member ChuckBartowski GBATemp Nerd Herd Specialist

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    I see why they would go after Geohot, he released the keys, made that statement, and made the CFW. fail0verflow shouldn't be part of this though.
     
  13. jonesman99

    Member jonesman99 GBAtemp's Official ArchAndroid

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    Smh... So now that Sony probably figures that they cant make a firmware update to bypass this, they are deciding to sue.

    But do u know how many other hackers are out here, that prolly already have the key, are doing with their PS3s?
     
  14. monkat

    Banned monkat I'd like to see you TRY to ban me. (Should I try?.

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    How arrogant and rude.

    This kid must have his life thrown in the trash so that you can "fight" by profiting free games?

    I figured you pirates were selfish, but honestly, fuck you.
     
  15. misteromar

    Member misteromar GBAtemp Regular

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    If Sony started civil legal action in the USA how can US law apply to people who live in other countries? Surely they must take action in the country the people reside and use laws that apply in that country.
     
  16. Snailface

    Member Snailface My frothing demand for 3ds homebrew is increasing

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    Ps3news posted this. Shame on them.
    (shame on me too, lol)

    [​IMG]
     
  17. DigitalDeviant

    Member DigitalDeviant GBAtemp Addict

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    ROFL XD
     
  18. SamAsh07

    Member SamAsh07 GBAtemp Addict

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    That Geohotz? Cuz he looks like Fred.
     
  19. Fear Zoa

    Member Fear Zoa This... This is the world we live in

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    I don't see the resemblance but yea thats George Hotz

    Sucks....I don't think he even wanted piracy.....but in the end all hacks lead to piracy....thats just how it works unfortunately...
     
  20. TwinRetro

    Global Moderator TwinRetro Don't start nothin', Won't be nothin'

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    Fuck you right back, asshat. I never said anything about piracy, and I don't and won't pirate for the PS3. Take your assumptions and go somewhere else.

    You of all people, I thought would never jump to such a jackassed conclusion.
     

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