Sony's Case Against Geohot Has Been Settled
matt_gaia writes "According to Sony Computer Entertainment America, they have reached a settlement with GeoHot (George Hotz), where Hotz has consented to a permanent injunction, but still denies any wrong-doing in the whole affair. Sony said, 'Our motivation for bringing this litigation was to protect our intellectual property and our consumers. We believe this settlement and the permanent injunction achieve this goal.'"
I wonder if Anonymous will proceed with their anti-Sony campaign.
'Our motivation for bringing this litigation was to protect our intellectual property and our consumers.'
If SCEA was ever interested in protecting consumers, they never would have brought suit against GeoHot in the first place.
vos nescitis quicquam, nec cogitatis quia expedit nobis ut unus moriatur homo pro populo et non tota gens pereat.
I'm amazed at the comments on the linked Playstation page.
Some folks are (almost) calling for Hotz' head. And people think Apple's fans drink the KoolAid...
Trolling is a art,
I'm sure Anonymous will now go away. They're known for being lenient in cases like this. Oh wait, no. You gonna get raped.
Tiger Blooded Bi-Winning Machine
So do people who donated money for Geohotz defense now get their money back? because this settlement isn't what people donated money for, the money was for going through to the end so a real verdict was set.
Dollars to donuts says that SCEA's ridiculous discovery campaign (under the pretense of a jurisdictional dispute) either already turned up less than they'd hoped or was starting to draw enough opposition from the subpoena targets to make this an extremely expensive battle that could never possibly achieve their desired result.
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It seems to me that this is the best possible outcome, honestly. Sony gets to keep their closed system (for now) which is, like it or not, what they want; and GeoHotz doesn't get the wrath of some huge fine levied against him, which is probably what Sony would have done if they could have.
The Horse is out of the barn, now we are going to nail the door shut. Or am I missing something?
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Wow, what a bunch of Sony fanbois.
obviously this mean that he cant write any more ps3 hacks, but does it also extend to writing about the issues involved. e.g. holtz is never again able to write / talk about anything with the word Playstation in it?
What about all the IP addresses that Sony managed to collect? When will a settlement be reached for that?
Sure, it's protecting your intellectual property. But how is something like this protecting consumers? From what?
When you have a super-heavyweight company like Sony coming after you, issues such as "merit" simply don't matter as much as how much hurt they can put on you.
Meanwhile, Sony wouldn't have settled so easily if they didn't have something to lose in all of this. I hope our "hero" Geohot was aware of this. It was kind of like our hero, "Lindows" who fought back against Microsoft and won, for the most part, by threatening Microsoft's trademark over Windows. So I have to wonder if anyone else can pick up this ball where Geohot left it. It's not like the secret isn't out.
[COMPELLED TRUTH=ON]'Our motivation for bringing this litigation was to protect our intellectual property from our consumers.’[/TRUTH]
Geohot doesn't suffer any real financial penalties (I hope) and Sony plugs a leak in a nice way. I'm sure they'll be lots of teeth-gnashing here but overall I think they handled this alright. It reminds me of Bleem. So long as it wasn't a commercial product Sony left the emulators alone. I think people forget the role easy piracy played in killing the Dreamcast. Anyone remember the Famicom Disk System :(.
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jizzaloo wizzaloos cummalo wummalos
I donated $50 to fight sony, not to settle with them. I hope geohot passes these funds on to someone who has some balls.
And they're active here too, modding your comment down.
Help protect civil rights from abuse by the TSA - visit TSA News Blog.
http://www.tsanewsblog.com
If Anonymous was worth a shit, they'd have done something to help Geohot fight the legal battle until he won on the merits, instead of just throwing a tantrum at a Sony server.
I was hoping for some serious Sony whoop ass and was willing to donate more but looks like Sony saw the writing on the wall and "agreed to settle" to save face. Oh well back to not buying anything with Sony on it.
by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
I can sort of understand why he settled: Hell, I'd settle if I realised it would likely take years of my life, if not thousands of dollars to fight.
But still, the rant, as seen on Geohot's site, still gives me a bit of a feeling of dealing with a hypocrite.
Then again, I'm a big hypocrite for wanting someone else to pursue something, which I would probably also settle as soon as possible.
When you shoot a mime, do you use a silencer?
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He got an offer he couldn't refuse.
For justice, we must go to Don Corleone
Or maybe there's actually some people who dislike GeoHot? Don't assume that everyone is on your side.
If Anonymous was worth a shit, they'd have done something to help Geohot fight the legal battle until he won on the merits, instead of just throwing a tantrum at a Sony server.
If Anonymous were composed of adults rather than whiny children (including whiny children trapped in adult bodies), maybe they would have done something other than thrown a tantrum.
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I'm sure if Geohot hadn't been so diligent about his methods and avoiding the various license traps, they'd have gladly pushed this through to the bitter end and made an example out of him.
Clearly Sony is happy to use the legal system to intimidate modders, but isn't interested it taking this case far enough to establish a legal precedent that runs contrary their own interests. Must be nice to have deep enough pockets that you can throw lawyers at a problem until it goes away, or you lose interest and "settle".
Matt Slot / Bitwise Operator / Ambrosia Software, Inc.
Seems like a waste of everyone's time. Worst lawsuit EVER!
Chewbacon
The Bible is like Wikipedia: written by a bunch of people and verifiable by questionable sources.
here isn't one thing sony makes that ONLY sony makes.
Only Sony makes "Never Gonna Give You Up" by Rick Astley.
you can live a sony-free life pretty easily.
How do I go into a grocery store without hearing Sony music?
someone is retarded... He wonders is Anonymous will continue their anti-sony campaign? Really? Well, let me answer that for you. Some will, some wont.
Hotz agreed to a permanent injunction against what, exactly?
/. are going to spiral down into "IANAL but here's my completely unjustified and narrow view of how this particular issue related to me".
God, I'm going to miss Groklaw for explaining all interesting things legal... I'm afraid for how the legal discussions at
Thank you, Pamela Jones.
Your analogy doesn't work. In some cases, it is illegal to modify something you own. Going with the weapon theme, a sawed-off shotgun comes to mind. Even if you have a legitimate reason to make the modification, it's still illegal, in the US, to reduce the length of a shotgun to less than 26" overall and an 18" barrel. Doesn't matter if such a modification could make the weapon more useful during legal use.
Wait a minute - you're comparing wanting to use product features that were advertised by the manufacturer and then taken away, to something that is specifically prohibited by Federal law?
Shotguns are not advertised as having the feature of being able to saw off the barrels to a shorter length. Many people do saw off the barrels to the legal length, but no shotgun manufacturer advertises this as a selling point, regardless of how useful it might be.
Sony advertised that the PS3 product could both run "Other Operating Systems" such as linux, and it could also use the PlayStation Network. Those are both useful features, and they are not violations of Federal law (which your shotgun example would be).
They then updated the software on the product (PS3) such that you could either choose to retain the Other OS functionality, or the PSN functionality, but not both. That is stealing, or if it's not, it's at least the intentional introduction of a defect into the product. Customers should either retain all the advertised functionality of the product, or be compensated for the loss of that functionality.
Here's a car analogy:
You buy a new Toyota Boringmobile. It gets cold where you live, so you buy it based on Toyota advertising that it has heated seats. They also advertise that is has the ability to safely transport you and your family from place to place. Those are two advertised features: 1. Safe transportation, 2. heated seats.
You pay money for the car. Toyota gives you title to, and possession of, the car. You drive it home. You are happy.
Toyota sends you a notice: "Bring your Boringmobile into any Toyota dealership for a free service to make sure it continues to fulfill it's promise of safe (if rather dull) transportation". There's a recall on the tires or something like that.
You visit your Toyota dealership, and they replace the tires with new ones which work exactly like the old ones, but you needed to do that for safety's sake - Toyota's notice to you more or less said so. At the same time, Toyota disables the heated seats.
Wait a minute! You paid for heated seats! But they don't work any more. Toyota says "Well, you agreed to that in the terms of service - it was on page 38 of the agreement you agreed to by driving to the dealership"
But wait a minute, contract law doesn't work like that - they can't take features back without compensating you (Generally in a contract, "consideration" i.e. money, has to change hands in exchange for taking or providing goods and/or services). You take Toyota to court (most likely as part of a class action), and get either money or your heated seat functionality back.
What has happened here is that Sony has stolen functionality from the owners of a physical product that was bought and paid for.
The proper shotgun analogy is that you had a double-barreled shotgun and you could shoot both barrels, or just use them to store two shotgun rounds if you chose to never fire the shotgun. After an update, your Sony shotgun will now only fire the first barrel. The second barrel is now just for storing a spare round. Don't like that your gun doesn't work as advertised any more? Sorry, it had to be done so that you could continue to use Sony ammunition. Except that it didn't, did it?
Putting moderation advice in your
Homebrew has no real value on a PS3.
Could you explain why not?
For a laugh, read the comments on the Play-stashun blog. "If he was innocent, he would not have been sued," "I'm so comforted that Sony remains firmly in control of my destiny," "thinking for myself uses too much glucose," etc.
And mine too, apparently. Really cowardly way to go about supporting the company, guys.
Help protect civil rights from abuse by the TSA - visit TSA News Blog.
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I'm a little annoyed by this. I'm guessing that Geohot's lawyers encouraged him to accept the settlement. I would guess that either Sony wasn't confident that they could win, or they just wanted to scare other modders (those that would keep up with these articles). The comments along the lines of "way to be nice Sony" on the blog make me angry. I was really hoping that if Geohot had won this lawsuit, general ownership rights questions would begin to favor consumers across all electronic devices. I actually own a Samsung blu-ray player that advertises Netflix, DIVX, and other compressed format support and the player currently supports NONE of this due to firmware updates. Samsung suggested buying their more expensive hardware as a solution to this. Back to Geohot. What a missed opportunity. It looks like he begged people for money to fight Sony, but then decides it isn't worth both the financial and time effort. I count this as a win for SONY.
Didnt take long for the details to get leaked..
Here is the info you are looking for
127-stipulation.pdf
N :)
Electronic Music Made Using Linux http://soundcloud.com/polyp
Read through the posts on that link, it's disgusting how little they actually understand about the suit.
I could probably be pegged as a sony fanboy, but even I'm not that bloody stupid, what does that make these people?
What do I know, I'm just an idiot, right?
I wonder if this settlement is in any way related to the ongoing Class Action ( http://www.groklaw.net/article.php?story=20110402000830503 ) that Sony (actually SCEA) would really want closed as well. The judge in that case is starting to ask uncomfortable questions, and I suspect they would not want to fight two battles that would result damaging to Sony's reputation, if they have any left after the rootkit case from a few years back. I also suspect that SCEA's views are not Sony's, and perhaps the parent company is asking for them to lower the tones.
So they take a law suite against an 18 year old kid and win, they must really feel right up there. It's almost like taking candy from a baby for them, except they take the ps3's and his computers, which is totally absurd. As for making an example out of a kid to stop hackers, or so Sony thinks, there will always be someone out there that can crack their code and modify it to do whatever the moder pleases. Realistically speaking, Sony is fighting a loosing battle, there in the wrong business if they really think they can stop hackers. Its a vicious cycle, we know Sony makes good games, but consumers want them for free. If I was head of Sony I wouldn't stand for it as well, however I'm not an complete moron, I may loose sales but really if Sony would stop making such a big deal about one kid, I'm sure not much people would have been aware that Sony software could be modified and hacked, but with all publicity with GeoHotz, I can guarantee that more people are interested in PS3 modifications now, them before they started this whole law suite thing. Sony is digging their own grave, yes stealing is wrong, yes they may loose sales in their products, but don't involved the consumers, saying that we need to be protected! protected from what I wonder, more like censor from the fact that their products are vulnerable to mods, and like i said before with this law suite there doing the exact opposite of what their trying to do. I can only think that with the GeoHotz hacks they got from his computer that they will patch whatever they can to prevent hacking but seriously Sony making yourself scarce and just accepting the fact that people will hack your product will be much better then parading that your products have holes in them, It will only attract unwanted attention.
I'm sure there are probably some stand-up folks who are "Anonymous." But I tend to think that for the most part Anonymous lacks the courage of their convictions—if they believed in the causes they trumpet, they would do so openly.
Why so? Anonymous civil disobedience might actually be more effective than public. If you believe in a cause, you should do what is most effective to support it.
"Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
To be honest, Geohot strikes me as principled and ethical. He may have also been horrified at the targeting of the families of Sony execs by that Anonymous splinter group, and decided to step back, accept this compromise, and let it end.
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Not at all.
It's in this jar here.
http://dilbert.com/dyn/str_strip/000000000/00000000/0000000/000000/20000/3000/900/23908/23908.strip.gif
dude. do you really think they are going to let comments critical of sony on the playstation.com website?
The Boston Tea Party comes to mind.
And mine too, apparently. Really cowardly way to go about supporting the company, guys.
You made an unsubstantiated, inflamatory implication in your post, accusing Sony of astroturfing their forums. As if there aren't plenty of Sony fanboys who would do that for Sony, for free.
Your comment was modded 40% Troll (and 40% Interesting and 10% Insightful, so far) as a result. You seriously think it's Sony employees/fans who are modding your Slashdot post down?
I'd speculate that the Troll mods on your post have nothing to do with supporting Sony.
The damage is done, Sony is not an ethical company. I am part of anonymous now, and I am getting rid of my ps3. Sony can also shove the NGP and the Xperia play up their lawyers asses.
Interesting this settlement came so soon after the Anonymous attacks on Sony, and that the settlement "absolves geohot of wrongdoing"
I think what happened is that Sony's lawyers in the Hotz case got wind of the attack, and decided to blame it on Geohot and his jailbreak, and took a gamble that they could pin responsibility for it on him and get away with it.
With Hotz facing a whopping new batch of potential felony charges, it wouldn't be surprising to see him back down.
There is no way in hell Hotz backed down willingly. Sony had something very ugly on him, and I bet it's Anonymous letting Geohot assume the role of scapegoat.
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I can only hope that the injunction calls for the end of his rapping for all eternity. Because I think this was the straw that broke the camel's back for me: http://www.youtube.com/watch?v=9iUvuaChDEg After having to sit through that awful experience, I was all "Git 'im and make him stop!"
Am I the only one slightly disappointed by this? I mean, I can't blame Geohot for settling as it could be fairly expensive for him but I kind of wanted to see Sony get their asses kicked. But then, they probably knew they wouldn't win. Oh well.
The lessons learned are this: Sony, going forward, will simply be less open with the PS4. Problem solved.
Oh the irony... you tell those opposed to Sony's actions to grow up, your entire post is nothing but a baseless characterization? Grow up yourself, you fucking hypocrite. God damn.
"Our motivation for bringing this litigation was to protect our intellectual property and our consumers."
They've protected me from ever buying another Sony product. I'm glad they were there for me!
The settlement was posted here
It basically says that Hotz (ans associates) can't mess with Sony's shit (distribute a 'circumvention device') or encourage other to do so any more unless congress or an other court rules that Sony's terms of service aren't legal or enforceable. If he does then he has to pay 10k each time, up to a cap of 250k. It also says that if there are further disputes about this from they will be California, and from Hotz they will be in New Jersey.
From BlogSpot comments...
"George Hotz said... I will address the donations in a forthcoming post, and I think people will be happy"
his hack is out and cant be patched. he has no reasion to mess with the ps3 anymore/
Where is the fraud.
Sony said "buy this widget X, and it can do Y" where X = the PS3 and Y = run Linux.
Then Sony pushed an update to the machine that prevented it from doing Y. Sounds like pulling the rug out from underneath people to me!
Sony advertised a machine that could play some video games...and would also run other compatible OSes. If you lost the first feature then your machine is broken and you should get it repaired. If you lost the second one it was your own choice and you probably did it in exchange for being able to access an even larger library of games
Hold on a second: What's the difference between the 1st feature and the 2nd feature? Did Sony ever make a distinction on the box or in the marketing materials that the PS3 would always play video games but might stop being able to run Linux with the OtherOS feature?
Here are a few relevant questions:
Did Sony claim that the original PS3 could run Linux?
Did Sony make it clear that they might disable this feature?
Did Sony push automatic updates to PS3s?
Did Sony tell its users that upgrading the firmware past a certain point would disable the OtherOS functionality?
Did Sony provide a mechanism for owners who were using the OtherOS feature to update their firmware to resolve "security updates"/critical bugfixes? (even allowing for a mechanism that would have disabled the ability to play games on the unit)
---
If Sony transformed a legitimately-purchased working device into a non-working device without properly informing the user, I believe that the user might have several remedies available under our current (US) legal system.
coding is life
"Each party will bear its own fees and costs in connection with this action"
The rest basically says if he touches a ps3 again hes toast. Kinda pointless though since the beans have already been completely spilled.
Sony wins at forcing Hotz to stop, permanently.
Hotz wins by not having to endure what could be years of litigation, and costs in the hundreds of thousands.
The consumer wins by realizing what a bunch of douche bags Sony are, and I plan on happily boycotting all their products
What feature are they going to sell me ant then take away again.
Burn me once shame on you burn me twice shame on me.
Pure corporate calculation -- where do we have more to lose, won out. Again.
STill never going to do any business with Sony ever.
Why guess when you can know? Measure!
The importance of capitalization.
I helped my uncle jack off his horse.
I helped my uncle Jack off his horse.
Oh and *WHOOOSH*
I am not a fucking consumer!!! I am a customer, and I want to be treated with some level of courtesy. When did it become normal for treating your customers as mere feeders, who "consume" anything they are given. Every time I see the word consumer, I see nothing more than some pigs lining up at the trough to feed on what their caretaker chooses to give them.
Enough with the consumer bullshit!! We deserve at least some respect in exchange for our money, regardless of whether the product we purchase, and pay for, is of any worth or not.
If I am a "consumer", then I am not buying any of your "shit".
with homebrew you'd have terrible access to the hardware, and the hardware isn't all that compelling (it's not any better than a PC, which is equally tied to your living room)
Sometimes tied to your living room is exactly what you want. A lot of households have the PC and the TV in separate rooms or otherwise so far away that a cable won't reach. Most people don't connect PCs to TVs. It's mostly something that only other geeks do.
If you want to homebrew up a game it's far easier to just use a PC.
And if your game is in a genre that traditionally uses two to four gamepads and one large monitor rather than two to four separate machines and monitors, such as fighting games as opposed to FPS/RTS, you end up with no audience.
Being able to play on my TV is a matter of buying a $20 cable for my PC.
For a lot of people, it would involve buying another $400 PC to put next to the TV.
Dear CarsonChittom,
I can assure you that there are no Sony staffers making such comments on the press release. We outsource all such activity.
Also, what is this "soul" thing of which you speak?
Regards,
B. Shilling
Sony PR Drone
Sony spent how much money in legal fees just to prevent one kid from touching a Playstation again?
The terms of the (leaked) injunction are basically one sided, basically he can't touch a SONY product ever again with any intent to hack it at all and if he does anything at all that can be even vaguely linked to any kind of breach of their security, even a LEGAL breach of their security on his own stuff, even without agreeing to anything, ever, in his entire life, he has "agreed" to give them huge sums of money even in the absence of any damages.
He gets nothing in return.
There's no way a person accepts these one sided "deals" unless basically given an 'offer they can't refuse', that is, obey or be squashed, with no way out. The law might not consider this under duress, but it's more or less the person 'surrendering' when someone's boot is on their throat.
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You have one name, out of 7000.
"Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
The underground railroad, the french resistance, the chinese democracy movement. There have been many times throughout history where anonymous resistance was far more effective because the force being resisted was more than willing to incapacitate the resistance by murder or imprisonment, and no amount of calls to arms would motivate the rest of the populace.
"Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking