Sony Suing Code Crackers Over PS3 Jailbreak

thegoat121886

thegoat121886

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We figured Sony would follow up last night's temporary restraining order against Geohot and fail0verflow for distribution of the PS3 jailbreak with a copyright infringement lawsuit, and well, here it is. It's actually pretty straightforward, as far as these things go -- Sony alleges that George Hotz, Hector Martin Cantero, Sven Peter, and the rest of fail0verflow are:
  • Violating §1201 of the Digital Millennium Copyright Act, which forbids bypassing access control measures;
  • Violating the federal Computer Fraud and Abuse Act, which forbids accessing computers without authorization;
  • Guilty of contributory copyright infringement for encouraging and helping others to crack PS3s as well;
  • Violating the California Computer Crime Law, which is the state computer fraud act (think of this as a backup fraud claim);
  • Violating the PlayStation Network's Terms of Service (which feels meaningless, really);
  • Interfering with Sony's relationships with other PSN customers (also meaningless);
  • Trespassing on Sony's ownership right to the PS3 (this one feels weak) and;
  • Misappropriating Sony's intellectual property (another weak argument, but there in case the copyright argument fails).
Sony's asking the court to forbid Geohot and fail0verflow from distributing the jailbreak and turn over all computer hardware and software that contain the jailbreak code, as well as unspecified damages and attorneys' fees. Yep, these boys done got sued -- and we're sure there'll be some serious fireworks once they lawyer up and fight right back.


853157e596ab25e1e6f076e431e417ee8471782.gif
Click to expand...
 
01-12-11sonyls.jpg

LINK
We figured Sony would follow up last night's temporary restraining order against Geohot and fail0verflow for distribution of the PS3 jailbreak with a copyright infringement lawsuit, and well, here it is. It's actually pretty straightforward, as far as these things go -- Sony alleges that George Hotz, Hector Martin Cantero, Sven Peter, and the rest of fail0verflow are:
  • Violating §1201 of the Digital Millennium Copyright Act, which forbids bypassing access control measures;
  • Violating the federal Computer Fraud and Abuse Act, which forbids accessing computers without authorization;
  • Guilty of contributory copyright infringement for encouraging and helping others to crack PS3s as well;
  • Violating the California Computer Crime Law, which is the state computer fraud act (think of this as a backup fraud claim);
  • Violating the PlayStation Network's Terms of Service (which feels meaningless, really);
  • Interfering with Sony's relationships with other PSN customers (also meaningless);
  • Trespassing on Sony's ownership right to the PS3 (this one feels weak) and;
  • Misappropriating Sony's intellectual property (another weak argument, but there in case the copyright argument fails).
Sony's asking the court to forbid Geohot and fail0verflow from distributing the jailbreak and turn over all computer hardware and software that contain the jailbreak code, as well as unspecified damages and attorneys' fees. Yep, these boys done got sued -- and we're sure there'll be some serious fireworks once they lawyer up and fight right back.


853157e596ab25e1e6f076e431e417ee8471782.gif
Click to expand...
 
For those not in the loop, over the last few weeks, the PS3's encryption keys were unlocked by hacker team fail0verflow. Geohot, of iPhone jailbreaking fame, also cracked the code and published a jailbreak that allowed users to run homebrew on the PS3. Sony responds with this.
 
For those not in the loop, over the last few weeks, the PS3's encryption keys were unlocked by hacker team fail0verflow. Geohot, of iPhone jailbreaking fame, also cracked the code and published a jailbreak that allowed users to run homebrew on the PS3. Sony responds with this.
 
Originally Posted by SupremeApe

And?

Thats what all companies do when people break copyright laws
Click to expand...

jailbreaking has already been deemed by the Supreme Court legal and still in accordance of DCMA laws
 
Originally Posted by SupremeApe

And?

Thats what all companies do when people break copyright laws
Click to expand...

jailbreaking has already been deemed by the Supreme Court legal and still in accordance of DCMA laws
 
Originally Posted by thegoat121886

Originally Posted by SupremeApe

And?

Thats what all companies do when people break copyright laws
Click to expand...

jailbreaking has already been deemed by the Supreme Court legal and still in accordance of DCMA laws
Click to expand...
No, the Supreme Court made exceptions which include:
Allowing owners of used cell phones to break access controls on their phones in order to switch wireless carriers.

Allowing people to break technical protections on video games to investigate or correct security flaws

So unless the hackers can prove they did it to correct flaws, then it is illegal.
 
Originally Posted by thegoat121886

Originally Posted by SupremeApe

And?

Thats what all companies do when people break copyright laws
Click to expand...

jailbreaking has already been deemed by the Supreme Court legal and still in accordance of DCMA laws
Click to expand...
No, the Supreme Court made exceptions which include:
Allowing owners of used cell phones to break access controls on their phones in order to switch wireless carriers.

Allowing people to break technical protections on video games to investigate or correct security flaws

So unless the hackers can prove they did it to correct flaws, then it is illegal.
 
Originally Posted by thegoat121886

Originally Posted by SupremeApe

And?

Thats what all companies do when people break copyright laws
Click to expand...

jailbreaking has already been deemed by the Supreme Court legal and still in accordance of DCMA laws
Click to expand...


This!It should be legal, that's like me buying a PC and them telling me I can't have full control over it.You buy the hardware, you should have full control over it.
 
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