Sony Wins Restraining Order Against Geohot

tekgoblin writes "The courts have just issued a temporary restraining order against George Hotz (Geohot). Sony filed this lawsuit because they were unhappy that Geohot had released the Playstation 3 decryption keys so other people could play unsigned games on it. [Geohot is prohibited from] 'offering to the public, creating, posting online, marketing, advertising, promoting, installing, distributing, providing, or otherwise trafficking' in any software or methods for circumventing the PS3's protection methods. No longer can he 'provide links from any website to any other website' relating to such matters, or publish any information obtained by hacking the PS3. And more to the point, he can no longer 'engage in acts of circumvention of TPMS in the PS3 System to access, obtain, remove, or traffic in copyrighted works.' Pretty much he can't talk or think about the PS3 for some time."

Comments

No.. that would be silly.

[intellitech]

This just means he won't be attaching his name to anything PS3-related for quite some time.

(something he likely should have just done in the first place)

Re:No.. that would be silly.

[TENTH SHOW JAM]

If I were Geohotz, I wouldn't even be doing that. I might do some research on the PS3 in my spare time, but nothing would be published until the court case is over. Then, once the cheque comes form Sony paying his legal bills, release that research. His lawyer is probably telling him (for his own good) to STFU for a bit.

Having had a read through the court docs that have come to light thus far, I'd say Geohotz has this case in the bag if his legal representation can stand up.

Re:No.. that would be silly.

[PopeRatzo]

It is the state that arrests & prosecutes you.

That's beside the point, which is that fiddling with your Playstation 3 is not fucking bank robbery. It's not murder. It's not terrorism. It's not even spitting on the fucking sidewalk.

I may not be able to rob a bank, but I can write a book about robbing banks, even if it requires me to research the topic by learning to crack safes.

Geohot fiddled with his PS3. He published what he learned.

Here, I'll even give a car analogy for the pudknockers who want Geohot sent to Guantanamo for crimes against humanity.

I can buy a Ford Focus, and if I had the skill and the means, I could drop in some engine (even from a different manufacturer) that could make the Focus go 200 mph, which is clearly illegal in all fifty states. That is not the same as driving 200 in a 55 zone.

The DMCA is bullshit, and once the current crop of corrupt ideologue bastards on the Supreme Court are safely retired (or whatever) it's going to be revisited. Besides being horrible law, it hinders innovation which is eventually going to cost us. It applies 19th century standards to 21st century technology and eventually it's going to collapse under its own weight. Either that or we're screwed. On further reflection, we're probably screwed, but that doesn't make the DMCA any less bullshit.

Re:No.. that would be silly.

[techoi]

How dare you think that silly, old piece of paper called the US Constitution should somehow be allowed to slow (or God forbid stop) any corporation from being able to extract every last penny from their victims (errr customers)???.

This is America, bitches! This is were you only *think* you can own something. Where you can "buy" a PS3 knowing you can load another OS (until they decide otherwise).

This is America, where you can "buy" a DVR at Best Buy for $199.00 only to have to return it to DirecTV after you cancel service or they will charge you another $250.00 for that thing you already "bought".

This is America, where odds are you can punch your local taxi driver right in the face and steal his wallet and get less of a penalty than if you, GOD Forbid, share that song that you already "bought" on vinyl, then "bought" on cassette, and maybe "bought" CD. Fuck those stupid hold-up victims, the real victims are the music and media companies and the fines imposed on those caught sharing prove that out.

And, finally, this is America, where you can be punished for pointing out that the security of the product you "bought" was designed by ass clowns. Of course if one of those corporations ever fucks up and breaks a law or two (Sony root kits anyone?), well, tough shit...that YOUR problem...That's what all you stupid-fucking-morons (oh, sorry we mean victims, er, no that not it...we mean "customers"). Yeah that's the funny word we corporations call you - customers. Anyhow, yeah, tough shit, customers, that is what you get by not being able to afford an army of lobbyists yourselves.

This is AMERICA bitches! The best fucking government (Democrat or Republican lead - it don't matter) that money can buy. Stupid Constitution wavers....

This makes me sad

[Octopuscabbage]

Coporations should not be able to do this...

Don't buy anything from Sony for some time.

[Daniel Phillips]

Just don't buy anything from Sony for some time. Like forever.

The way Sony treated me over the faulty PS3 hardware they sold me makes this decision easy, never mind the other horrible things Sony does on a regular basis.

protected like iPone?

[sunjay]

It baffles me that this is not protected like jailbreaking of mobile devices. It is near identical, Full hardware access in order to add features, which some low-lifes use for piracy. You cant blame him for thinking he was within the law on this one, since he is when he does the same thing on his iPod.

Re:A life lesson I learned years ago

[The Grim Reefer2]

It is very hard to stuff a cat back into a cat carrier. It is even harder to stuff a cat back into a bag.

I guess it depends on whether or not you want to keep the cat alive. ;-)

Self-important judiciary

[StikyPad]

From TFO:

Paintiff has submitted substantial evidence showing that defendant George Hotz has violated the Digital Millennium Copyright Act, 17 U.S.C. 1201(a)(1)(A), 120(b)(1). Plaintiff has also submitted evidence demonstrating that plaintiff is likely to suffer irreparable harm in the absence of relief, and that the balance of hardships favors plaintiff.

Once the keys were out there, the irreparable harm was done. There is no "relief" whatsoever provided by this order. It's vindictive intimidation, plain and simple.

I'm also disappointed that the judge decided to assert jurisdiction despite the obvious fact that it's well within SCEA's means to file suit in New Jersey, and clearly places a significant burden on the defendant to appear in California. The fact that SCEA wanted this case heard in Northern California has nothing whatsoever to do with the fact that it's the "proper venue" and everything to do with forum shopping. I can only surmise that the judge was rationalizing her decision to participate in what will undoubtedly be a precedent setting case should it go to trial, which doesn't speak highly of either her integrity or judgement. Signing her name to a paper stating that the plaintiff's case is "likely to succeed on the merits," shows either a bias in favor of SCEA, ignorance of the facts, or both. Mr. Hotz has repeatedly stated that he does not condone piracy, none of the PS3 tools he has released directly facilitate piracy, and in fact, none of the tools he's ever released on any platform has directly facilitated piracy. Sony's keys, while ostensibly a trade secret, are not subject to IP law protections, and even if they were, they were obtained through lawful reverse engineering of property sold to the defendant(s).

In summary, we have some really crappy laws, and those charged with upholding them don't seem to be much better.

Re:Let's get something straight.

[Mordok-DestroyerOfWo]

Not the end of your karma, but I'll burn some of mine by saying that your opinion is twisted. Even if Geohot threw the first punch, Sony's reaction was completely over-the-top and illegal. One person attempting to hack your system does not give you the ethical right to screw over your entire customer base. In all fairness to both of us, Sony has burned a lot more karma.