Over the last couple of weeks we have heard quite a bit about GeoHot and FailOverflow’s hacking exploits on the PS3 and how they have pretty much cracked it wide open for Homebrew applications and subsequently pirates to exploit.
When the BBC asked him about a possible lawsuit he had the following to say
I am confident I would win since what I released was just a number obtained by running software on the PS3 I purchased
But that isn’t entirely true in the eyes of the law.
Today Sony filed suit against GeoHot and FailOverflow on the following counts
18 U.S.C. § 1030(a)(2)(C) – Confidential Information On Computer
18 U.S.C. § 1030(a)(4) – Intent To Defraud And Obtain Value
18 U.S.C. § 1030(a)(5)(A) – Knowing Transmission of Code
18 U.S.C. § 1030(a)(5)(B) and (C) – Intentional and Reckless Damage And Loss
18 U.S.C. § 1030(a)(6)(A) – Trafficking in Password
18 U.S.C. § 1030(a)(7)(B) – Intent to Extort
Now I’m no lawyer but that looks like a scary list of easy wins for Sony that could put GeoHot out of the hacking game permanently.
Specifically the one I highlighted which was added to the law books as part of the infamous Patriot Act basically means if Sony can prove that his publication of the code caused them harm and he knew it would then he is guilty.
Sony’s going to be throwing everything they have at these guys and while it seems monumentally unfair I do think that GeoHot crossed the line by releasing the code publically knowing full well that it will result in a string of piracy on the console.
FailOverflow do seem to be a more innocent bystander on this occasion from my current point of view.
Here are the legal documents currently being hosted on Geohots site
Source: EverythingForGamers
Last Updated: January 12, 2011
e1ace
January 12, 2011 at 08:27
Seems like it’s more of a restraining order than a lawsuit. Or so say Engadget http://www.engadget.com/2011/01/11/sony-sues-geohot-fail0verflow-over-ps3-exploits/
It’s hard to say what will end up happening though judging by the iPhone scene. That was all declared legal in America so it might be a hard case to win. I just hope this stops the piracy scene – I’m all for homebrew though!
Gavin Mannion
January 12, 2011 at 08:56
I read that it was a restraining order and lawsuit… we’ll have to see I guess
Eet
January 12, 2011 at 09:00
Wil nog Jack Sparrow wees!
hayted
January 12, 2011 at 09:41
This does show that Sony are not as confident as they are saying that they will release a new firmware to patch these latest hacks and that the hackers are right that this could be the final nail in the PS3 coffin being completely compromised. Interesting to see how everything pans out but I do feel that PS3 is going to take gaming sale knocks and not necessarily a console sales knock. As I feel more people will actually buy a console if they know that they could get the games through illegal downloads and not cost them R600. Don’t know what anyone else thinks but I do think the console sales will pick up for gaming, as it works out cheaper than Xbox to play pirated games (PS3 games can be downloaded and played as where Xbox needs to be downloaded and burnt to a DL disc) and throw in Blu-Ray for 1080P movie viewing. Please do not take this post that I condone piracy in anyway. This is just my view. Feel free to comment or flame it 🙂
Gavin Mannion
January 12, 2011 at 10:47
If the PS3 does become completely hacked without the need for a chip I agree that the sales will go up in a big way.
The 360 is beset with piracy issues locally but there is always that worry about being banned from Live. If that’s not the case with the PS3 then you will see a large portion of the pirate community move over.
PCL
January 12, 2011 at 12:11
Hope Sony nails these guys hard!
Even if the PS3 is completely hacked I would never take the chance running pirated software etc. The risk of some solution being found down the line by Sony and stopping a console from connecting to PSN is to much.
Curt Michaels
January 12, 2011 at 22:32
You sir are an idiot!! I am sure at one time you have downloaded music off the net!! Guess what?? That makes you a pirate!
Kale
January 12, 2011 at 12:25
I hope his ass gets sent to jail for a very very long time and he becomes some inmates bitch.
To anyone who pirates I hope your homes get robbed or your cars stolen so you can feel what if feels like to have something of yours taken from you, like you do with the developers and people who work to make our games money.
Curt Michaels
January 12, 2011 at 22:34
You sir are also an idiot!! I am sure at one time you have downloaded music off the net!! Guess what?? That makes you a pirate! So when someone knocks down your door and takes all your shit, know why!!
Qixosajitra
January 13, 2011 at 19:01
Are you really so stupid that you equate theft of physical property with copying data?
Want to come copy my belongings? Go ahead.
Gavin Mannion
January 13, 2011 at 20:07
They are taking money away from the people who created it.. it’s the same as theft.
piV787
January 12, 2011 at 12:47
Hahahaha….those guys are f*cked!
Sentletse
January 12, 2011 at 14:13
I sincerely hope he gets raped in jail. Sony should throw the book at him, and bankrupt this little pile of crap, and then let those prison gangs rape and pillage his village!
Curt Michaels
January 12, 2011 at 22:36
You are just plain insane in the membrane!! What village are you talking about?? Are you from the Amazon? Get a life A hole!!
Qixosajitra
January 13, 2011 at 19:02
Another moron. Wow you people really are utterly pathetic. Bloody psychopaths.
UK Cowboy
January 12, 2011 at 17:47
Sony shopuld make the PS3 region free then they wouldn’t have half as many problems.
I am against illegal downloads and Sony and any other company are right to nail them.
Hower legitamate games etc should be able to be used wherer and whatever country you are in or visiting.
Rip off Britain again !!!!!!!!!!
Qixosajitra
January 13, 2011 at 19:10
Sony could have continued business as usual. As with previous consoles they would have continued to make mountains of money in spite of the relative ease and cheapness of hacking the console. Instead they’re being asses, once again abusing the law and creating a huge PR disaster regardless of what happens in court. Sony are the ones who have crossed the line. Sony have certainly lost my support. The only ones who’ll back them are the sheep who actually believe the nonsense in those ridiculous anti-copying adverts.
just wondering
January 14, 2011 at 13:26
Dont you think that the reason sony has to take this sort of reaction is because if game development companies see that sony is not doing anything and profiteering while they lose money to piracy, they will be more reluctant to continue releasing the top quality games to the same extent as they are currently, for the sony platform.
Sony has alot more console competition nowadays than, and surely they have to try protect their portion of the market where possible.