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Sony Lawsuits Target PS3 Jailbreak Authors

Posted by Soulskill on from the sounds-more-expensive-than-admitting-they-were-stupid dept.

StikyPad writes "PS3News is reporting that Sony's latest legal salvo is targeting the creators of PS JailBreak, PSFreedom and PSGroove-related PS3 hacks, citing numerous court documents for those interested. From one of the documents: 'Having considered the Motion for Expedited Discovery of Plaintiff Sony Computer Entertainment America LLC (oeSCEA) [...] the Court hereby grants SCEA's Motion. IT IS HEREBY ORDERED that [...] SCEA has leave to serve similarly targeted subpoenas or deposition notices to any other third party who SCEA learns may be involved in the distribution or sale of the oePS Jailbreak software, known as, for example, "PSGroove," "OpenPSJailbreak," and "PSFreedom," or who may have knowledge of the distribution or sale of this software.'"

29 of 205 comments (clear)

  1. Sony should have lost this already. by pecosdave · · Score: 5, Insightful

    I'm under the impression Sony has already lost this case. Very recently it was decided that you CAN hack your own phones. I don't see what would make the PS3 so special that Sony can declare they can police what you can do with hardware you yourself have purchased and is in your own living room, especially since phone manufacturers have been told they don't have the power Sony is claiming to have. Granted the PS3 is not a mobile phone, but take away that particular radio I don't see what differentiates it from a mobile phone in those same regards.

    But the Copyright Office concluded that, “while a copyright owner might try to restrict the programs that can be run on a particular operating system, copyright law is not the vehicle for imposition of such restrictions.”

    I think the Wired article the previous and next quotes come from address this case almost as well as the article covered in the parent.

    A federal appeals court came to the same conclusion last week in an unrelated dispute about “dongles,” or keys that grant access to software. “The owner’s technological measure must protect the copyrighted material against an infringement of a right that the Copyright Act protects, not from mere use or viewing,” the 5th U.S. Circuit Court of Appeals ruled in a case concerning a software licensing flap between MGE UPS Systems and GE Consumer and Industrial.

    I hope Sony gets shot down. The PS3, and for that matter the PSP are both incredibly powerful systems with so much to offer but with a big dolt called Sony sitting on them saying you can't use them for that. This attitude is why I ditched my iPhone, which I refused to hack even though I could, for an Android phone - which I wound up hacking - but to keep it from doing what I didn't want to instead of making it do what I thought it should. My PSP is hacked and I like it that way, the battery last much longer and I don't have to carry all those UMD's with me. For that matter I can buy my UMD's at fair market price at a store instead of having to buy them from a website that has Sony setting an outrageous price for them that has nothing to do with what they're worth on the market.

    --
    The preceding post was not a Slashvertisement.
    1. Re:Sony should have lost this already. by Dalzhim · · Score: 5, Insightful

      Jailbreaking to bypass a carrier lock-in isn't a better reason than jailbreaking to run your own software that didn't go through the app store.
      The only difference is that bypassing a carrier lock-in might be a more widespread reason than running software that didn't go through the app store.

      If the reason for allowing jailbreaking is to allow people to bypass carrier lock-in, then there is a serious problem. The rationale for allowing jailbreak should be that you fucking own the hardware. End of discussion.

    2. Re:Sony should have lost this already. by rs1n · · Score: 4, Interesting

      While you don't need to jail break your PS3 to hook it up to XBOX live, you (apparently) need to do so to run other applications). The real issue here is how Sony will fight this. _IF_ they plan to use the copyright argument, the surely they will not prevail.

      To reiterate a quote from the GP:"The owner’s technological measure must protect the copyrighted material against an infringement of a right that the Copyright Act protects, not from mere use or viewing" If the jailbreaks somehow infringe on copyrighted material, then Sony has a case with respect to copyright. If I'm not mistaken, there were reports that the software used in some of the jailbreaking may have made use of an illegal copy of Sony's SDK.

    3. Re:Sony should have lost this already. by Yvan256 · · Score: 3, Funny

      It's not like you can "jail break" your PS3 and hook it up to XBOX live.

      We can't?! Let's sue Sony and Microsoft!

    4. Re:Sony should have lost this already. by DragonWriter · · Score: 4, Informative

      Wow - using an SDK is piracy?

      Insofar as "piracy" is a common, if somewhat informal, term for acts which violate copyright law, sure. At least, it is if the SDK is protected by copyright, if the work you create is a derivative work under copyright law, and you have neither a license to use the SDK for the purpose nor the protection of an applicable exception to copyright law.

      While, absent litigation on the specific cases, there's may be some room for debate, I'd expect that most uses of a leaked Sony SDK to create homebrew PS3 software, and the copying and distribution of such software after it was created, be "piracy".

    5. Re:Sony should have lost this already. by marcansoft · · Score: 4, Interesting

      lol! "the piracy code"!

      I would normally prefer the term "the copied-game-loading code", which is more correctly neutral, but sometimes I get so irritated by all the lying smartasses who use the term "backup" as a thin veil (and thus discredit the minority of people actually legitimately backing up their own games) that I feel like using a term that is biased the other way just to make it blatantly obvious what most people end up using the code for.

      Specifically, I'm talking about the Blu-Ray redirection patches which are still present in the PSGroove code (which is just a version of the PSJailbreak code hex-edited to trivially break, but not remove, this functionality). In other words, the PSGroove is technically a pirated PSJailbreak (not that I care about commercial game copying products getting copied, but there are legal implications to basing your stuff too much on a piracy device). It's a lot cleaner if you just take the required core concept of the exploit and develop an open product around it that shares nothing more than what is strictly necessary with the original.

      Wow - using an SDK is piracy?

      Torrenting it and then distributing code compiled with it both are, which is what everyone who is using the Sony SDK did. Copyright infringement is copyright infringement. If Sony didn't grant you a license to use the PS3 SDK, then you aren't allowed to legally use it.

    6. Re:Sony should have lost this already. by internettoughguy · · Score: 5, Insightful

      hmmmm targetting a segment of the market of whom the majority have gone out of their way to avoid having to purchase games, yeah that sounds like a successfull business model for those struggling indie developers.

      Is that true? I find it hard to believe those people would get a console in the first place, PC games are a great deal easier to pirate.

    7. Re:Sony should have lost this already. by Schadrach · · Score: 4, Informative

      The jailbreak itself doesn't use Sony's SDK. Pretty much all currently available homebrew (except maybe PSPong?) does use it however, since there isn't a stable open alternative...yet. Building a complete, mature, and stable SDK for a newly accessible system in, what, a month? is frankly an unreasonable demand.

      Sony should be driving legal action to stop the current PSJailbreak scene, but they shouldn't be targeting the creators of PSGroove, PSFreedom, or OpenPSJailbreak -- they should be attacking the people who have released actual homebrew to date using the Sony SDK (which is, admittedly, basically all of it so far and includes the original creators of the PSJailbreak hack). That would protect their copyrights while also encouraging the creation of an open SDK as an alternative to the leaked Sony SDK.

    8. Re:Sony should have lost this already. by xMilkmanDanx · · Score: 4, Interesting

      Sony made it's initial money off a sliver of non-infringing purpose with the vcr (with its ability to record, not play that is). almost all uses of it were infringing but there was the one case of time shifting that was deemed non-infringing and that sliver was enough that the lawsuits were denied.

      Soooo, as long as there's a non-infringing use for it, even if 99% of the capability is infringing, it should be allowed as was allowed by the prior ruling.

      Of course, as IANAL and the law rarely does what is right (or even remains self consistent) when faced by big money.

      --
      I am not in anyway affiliated with Max Cannon
    9. Re:Sony should have lost this already. by bloodhawk · · Score: 3, Insightful

      As it currently stands I know more people that pirate games for their Xbox and Wii than I do for PC Games. PC games being easier to pirate is irrelevent, people will pirate whatever they want to play if it is an option and it isn't exactly hard to pirate for the 360 or Wii (and now the PS3). I have been around gaming a long time and I can honestly say I don't know a single person that has hacked their console for any reason other than to play pirated games, even backups is a ridiculous excuse with the current guarentees and replacement disc deals you can get with most game shops.

    10. Re:Sony should have lost this already. by nomadic · · Score: 3, Insightful

      You are generally right about it only being a recommendation at this point, but wrong about it being just a policy paper; it's a formal recommendation under the DMCA to the Librarian of Congress, who can adopt those recommended exemptions, and his or her decision is final--it doesn't have to be endorsed by Congress or the President.

    11. Re:Sony should have lost this already. by wierd_w · · Score: 3, Interesting

      All that this means is that somebody needs to create a competing service. Sounds like there is a very fertile industry for it, especially if it s more lax than the default platform creator's choice. (Such as, actually ALLOWING halo map mods, etc.)

      See for instance, things like the successor to BnetD, and associated open servers. Creating an actual company geared toward servicing "blacklisted" consoles would fill a valid market niche. Last I checked, reverse engineering laws STILL provided safe habor for such practices when used for "Cross compatibility" and "Interoperability".

      *would LOVE to see an alternative to sony's PSN and Microsoft's XBOX Live! service; Especially if that same service was console agnostic, and would permit multiplayer games from both consoles to have mixed matches.

    12. Re:Sony should have lost this already. by interval1066 · · Score: 3, Insightful

      "I find it hard to believe those people would get a console in the first place, PC games are a great deal easier to pirate."

      • Not everyone is a pirate
      • some people like to have hardware
      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    13. Re:Sony should have lost this already. by jedidiah · · Score: 4, Insightful

      It bears repeating that the PS3 used to allow for alternative software and was at one time sold specifically for this purpose.

      The fact that this crack is merely re-enabling features that were sold with the hardware might make a bit of difference to the judges.

      The fact that these cracks only came about when those features were disabled might be of some influence too.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    14. Re:Sony should have lost this already. by jank1887 · · Score: 5, Interesting

      I'll add a second anecdote: I have a hacked Wii. I have my whole (20-30, 90% used from gamestop) game library loaded on a hard drive. I like the convenience. At this moment, I could pull out any game disc for anything on my hard drive you'd like to see. For me, it's about convenience. The same reason people want a media library of ripped DVDs even through they own all 400 the discs. Heck, it's even easier to FIND the game you want when the count gets high. I first figured out the USBloader process after my 4 year old rendered the Wii sports disc unreadable. (it was able to rip, luckily). could I replace a disc? probably. is there a convenient way for me to avoid needing to replace discs and avoid that hassle? yes. so that's all I need.

      Then again, I also don't know you. so you're point stands. maybe you just need friends with a bit more moral fiber.

    15. Re:Sony should have lost this already. by wierd_w · · Score: 3, Interesting

      Offering a competing multiplayer backend (replacing WiiConnect24, PSN, and XBOX Live!) for "blacklisted" consoles would create an extensive reason to mod a console.

      The issue that such a fledgling company (threatening to steal the apples from these company's walled gardens) would need to assert is that such a service is not geared toward allowing pirated games to be played. As such to be legitimate it would need to also ban people that are found to be using it for this purpose.

      It's main function would be to allow people who have modified their consoles so that they can play modified multiplayer maps to continue to do so. (Currently this activity violates the PSN, XboxLive, and WiiConnect EULAs, resulting in being blacklisted.)

      If I wasnt deathly afraid of blood sucking vampir^V^V^V -- "Lawyers", I would consider investing the time with a copy of Wireshark examining raw packet dumps of the Live, PSN, and WiiConnect protocols. (I have a PSP, a 360 and a Wii, so I should be able to investigate all 3 authentication methods.)

      Once you have the language down, all you have to do is get the console to communicate with the new server; Something that might be doable by instructing it to use a "Special" proxy server. (IIRC, all of these consoles allow the use of a dedicated proxy for internet connectivity. Just point it at the rival service server's IP address, and it then masquarades as the real deal, by "internally" routing the target's IP address at itself, while opening the rest of the internet as a proxy is supposed to.)

    16. Re:Sony should have lost this already. by kimvette · · Score: 3, Interesting

      How is that?

      Instance A: You buy a phone and own it outright. You wish to chance carriers. Oops. carrier lock. Jailbreak/root and unlock it. Interoperability!

      Instance B: You buy a video game console and own it outright. You want to install Linux and use it as a cheap theater PC/media server. Jailbreak it and install what you want. Interoperability!

      How is either not an explicit exception?

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    17. Re:Sony should have lost this already. by Anonymous Coward · · Score: 3, Insightful

      Slashdot's idiotic UI means that if the moderating user uses the mouse wheel to scroll down the page while leaving the focus set to the moderation list control, you will end up with a random moderation. I've done this before, myself. That accounts for a lot of seemingly nonsensical moderations.

  2. The only real question is... by istartedi · · Score: 3, Funny

    The only real question is, can anybody figure out how to fit the source on a T-shirt? If yes, the case is moot, right?

    Sort of half joking. In all seriousness, is the source small enough to compress, encode in printable form, and put on a shirt along with instructions for use?

    --
    For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
  3. Thanks! by Anonymous Coward · · Score: 5, Funny

    , "PSGroove," "OpenPSJailbreak," and "PSFreedom,"

    Okay Sony-- thanks for letting me know what to google for. Can you save me some search time by suing someone who might have a walkthrough or tutorial?

  4. Re:That summary by Master+Moose · · Score: 3, Funny

    Which makes about as much sense as my previous post.

    I must remember to proof-read posts
    I must remember to proof-read posts
    I must remember to proof-read posts

    --
    . . .gone when the morning comes
  5. I Don't Understand Why... by BlueStrat · · Score: 5, Funny

    I don't understand why Sony doesn't just send the jailbreak software authors a few select "complimentary" Sony music CDs. They could then simply delete the code at their leisure.

    Strat

    --
    Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    1. Re:I Don't Understand Why... by Ant+P. · · Score: 5, Funny

      And would want to listen to the contents of Sony music CDs instead of putting them in a blender.

  6. It is silly... by Darkness404 · · Score: 5, Insightful

    It is silly that Sony and the US government through copyright laws, seems to think that Sony should own our consoles that we paid for, and quite honestly it sets a disturbing precedent against property rights. If Sony wants to try to block people from accessing PSN for this, if Sony wants to make firmware updates to prevent this it should be well within their rights, but don't tell me what I can and can't do with -my- console. The idea that I don't own the hardware that I bought and should be able to run whatever on it is quite scary. Property rights need to be balanced to have a free economy, Sony should own their services and I should own my own console.

    The next thing you know, people are going to sue for removing the OEM copy of Windows off of your new computer...

    --
    Taxation is legalized theft, no more, no less.
  7. consoles or PC's ? by volcan0 · · Score: 5, Insightful

    Seriously, where does the line between a console and an embedded system lies ? I mean, if this would go through, does this mean that DELL can ship a computer running windows and legally refrain you from installing another operating system or restricting you to an app store with pre-approved apps ? I understand that one is a general purpose computer while the other is a game console, so the intended usage is the difference. But under the hood, they are the same hardware ( ok, not litteraly... ) and can do exactly the same things. Can you imagine the legal precedent this would set ?

    1. Re:consoles or PC's ? by slinches · · Score: 5, Insightful

      I understand that one is a general purpose computer while the other is a game console, so the intended usage is the difference.

      To muddy the waters even further, the PS3 was originally advertised as being a general purpose computer as well a game console through the "Other OS" capability. Sony, with their decision to remove Other OS in a required software update, effectively made PS3 owners choose between their hardware being a general purpose computer or a game console. Assuming the firmware update EULA is upheld, I think Sony may have an argument that by updating to firmware 3.41 (necessary to use the current jailbreak exploit) the console owners would have to accept the removal of the device's ability to be a general purpose computer. Although, that could be complicated by a release of jailbreak code that works with firmware 3.15 (last one with Other OS) which is supposedly being worked on right now.

      I don't envy the judge and jury in this case.

      --
      Knowledge Brings Fear
    2. Re:consoles or PC's ? by Anonymous Coward · · Score: 5, Interesting

      One of the reasons Sony initially put OtherOS capabilities into the PS3 was so that they could claim that the PS3 was a "General Purpose Computer" and dodge a bunch of European taxes... If I was a citizen of one of those countries I would be asking why they are not now suing Sony for those back taxes and/or the reinstatement of the OtherOS functionality.

  8. get ready for your subpoena by aethogamous · · Score: 4, Funny

    ...or who may have knowledge of the distribution or sale of this software.'"

    I think by now this includes everyone on slashdot...

  9. Screw these guys, I'll mirror by jmorris42 · · Score: 3, Interesting

    I don't even own a PS3 (or any console for that matter) but I have about had it with this DMCA crap. There isn't any Sony copyrighted code in the crack is there? If somebody can point me to a good description of how to jailbreak one of these damned things I'll host it on my homepage and then toss the gauntlet down to Sony. I'm a humble librarian but one benefit is I can use a page on our server. Ever seen how rabid the library world gets when the word 'censorship' gets tossed their way?

    Way I see it I can't be subject to a Sony EULA since the only Sony product I own is a fairly basic receiver. If there is no Sony code copied into the crack I can't be subject to copyright. And a text page describing something can't violate a patent. With the right disclaimers trademark is out. So that leaves it a pure DMCA play and I really don't think the bastards want that going to court. They will use em when they think they can get an instant takedown from a frightened ISP but I ain't one of those. Our lawyer happens to be the district attorney so we don't have to instantly fold at the threat of lawyering up.

    The most defendable position would be detailed instructions on how to crack a PS3 for the purpose of installing Linux back on one. So has that been accomplished yet?

    Haven't stuck a finger in the system's eye since my minor role in the Cuecat fiasco a decade ago. Looks like it is time to stand up again.

    --
    Democrat delenda est