Sony's restraining order against Geohot granted

by JC Fletcher on Jan 27th 2011 3:20PM

Everything's coming up Sony. First, the NGP is unveiled to a general chorus of *drool*. Now, PSX-Scene has revealed court documents showing that a district judge granted Sony's temporary restraining order against PS3 hacker George "geohot" Hotz.

Hotz is now barred from "offering to the public, creating, posting online, marketing, advertising, promoting, installing, distributing, providing, or otherwise trafficking" (phew) 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."

The court allowed this restraining order to go through despite jurisdiction issues (specifically, Hotz residing in a different state than Sony, and a different state from where the claim was filed), granting specific jurisdiction "because he purposefully directed his activities at the forum state" of California.

The judge ordered that all involved parties meet to set a hearing date regarding Sony's motion for an injunction -- and Hotz's motion to dismiss on personal jurisdiction grounds -- by February 1, 2011.

Source: PSX-Scene

Tags: geohot, playstation, ps3, ps3-hacking

Reader Comments (180)

So let’s see, a judge a month or two ago said I have the right to hack my cell phone which is my property, now this judge says I can't hack a game system which is also my property. I think that if I own it I should be able to use it as I see fit, and if Sony, Apple, Microsoft, or whoever wants to restrict access to certain content or warranties that’s their right also.

@3dpenguin

You're right, BUT once that hacking messes with my online play & gives you the ability to give yourself trophies, then your device is ruining everyone's experience.

It's not your property. It's licensed to you and you agreed to that.

@3dpenguin your free to hack, your just not free to distribute.

@3dpenguin

That's not what this is saying at all. This just says that geohot himself can't do any further hacking until the issues is resolved in court. This isn't a verdict, he could still win the case. But ultimately this decision means nothing, the keys and hacks are spread much further than this one guy.

@3dpenguin You own the hardware, NOT the software.

@3dpenguin

Oh you can do whatever you want to the hardware, but as far as I understand the OS itself (and all the software in general) is licensed to you. That's where the key distinction seems to be.

This is also likely more involved than the iPhone case as this can legitimately ruin the experience of other PS3 owners online and can significantly impact sales of the system. I know if a game like Halo became nearly unplayable online because of something like this, I'd start demanding companies take action to protect my investment in the game.

@3dpenguin

That was a library of congress ruling wasn't it? Not a state judge.

@3dpenguin What part of we bought the hardware not the software on a PS3 dont you understand.

We buy DLC
We Buy games
We didn't buy the PS3's Operating system only the right to use it.

@Manifest37

Thus the reason I agree with the restrictions being placed by the manufactures on systems that have been hacked. Microsoft bans people from XBL for modding their systems, that fine with me, but if I want to go and frits with my system that should be my right, but I better be ready to accept the consequences of doing so.

@Unvrfd

Wrong, Microsoft tried this with the XBox and lost several cases involving the leasing and licensing of hardware under the guise of sales. The Wii, XBox 360, and PS3 are the property of the purchasers. This is also the reason why Sony can charge people to fix a device that broke because they cheaply manufactured the board inside of it, if it was being licensed or leased they wouldn't be able to do this.

I'm not condoning cheating, but if I buy a system that can be modified to do something other than its original intent and I want to do that I should have the rights to do that and not have to put up with a company who is having financial difficulties telling me that I can't do it because it prevents them from making more money off of me.

@3dpenguin You just don't get it right.... you own your PS3 and it's yours, you can do whatever the heck you want with it, if you want to paint your console with a sweet pink color and red hearts it's your damn business, but when you mess with other people experience then it's not your problem anymore. GeoDouche put the security keys on the internet for everyone knowledge allowing to hackers and cheaters to make a party with PS3 system and ruining the gaming experience for all of us.

@Leafhopper

The fact is one of the things they are trying to stop him from doing is undermining their firmware update, which is a hardware issue not software, which prevents alternate OS booting, which Sony decided to take away partially because it wasn't used that often, but more likely mostly because people were forcing the system to do things like playing games that they weren't making money off of, and we aren't talking about just playing pirated games, we are talking about playing games that the system couldn't normally play because it doesn't have the software support for them.

@3dpenguin

I think the biggest problem for Sony is that if it bans an account, that person can just turn around & create another. That would only lead to more time & money being wasted on banning accounts, etc.
Don't get me wrong, I'm all for hacking. If I bought something & it's in my home, I'll do whatever I want with it. If i wanna dress it up in lingerie or stuff it full of mayonnaise, I'll do it cuz it's mine!!

@jmr1986

Well Sony could solve that problem easily, create a re-enforced network system which hosts most games and allows them to administrate those servers without having to go through the game manufacture, but nothing like this exists does it... oh wait it does, it’s called XBox Live, and you guys don't want to pay for the service. Face it cheating and hacking like this occurs because the cheap service provided by PSN is insecure, cheating does happen on XBL but it is stopped fast and hard, Microsoft bans the units Mac address and then blocks the gamer tag from being used, and if you get perma-banned you have to make your case to MS not some game manufacturer which isn't usually equipped to oversee providing an online service.

@Unvrfd

The simplest and most down to the point statement. Your comment start and ends this argument. Does anyone read the EULA's... Guess not everyone does....Everyone sssh now.

@Unvrfd My property under the First Sale Doctrine. I can sell it to whomever I want and do whatever I want with it. Otherwise, Gamestop would have been sued years ago.

@Leafhopper

"We buy DLC
"We Buy games
"We didn't buy the PS3's Operating system only the right to use it."

Hilarious. No, you don't buy DLC or games, you buy the license. Same as the firmware.

@LEONLEONLEON

"You own the hardware, NOT the software."

Isn't that kind of like saying "you own the house, but not the key?"

@jmr1986 Argh! Yes! This! My gaming experience has been ruined! Ever since the keys were posted, my PS3 will only play copies of Haze, the display is upside down and in black and white, and all the dialog is in Cantonese!

...

Though it could be Mandarin. East asian languages are not my forte.

@3dpenguin Erm... which games exactly are hosted on Live servers?

@End User

No, it is like saying you own the house but not the furniture that you rented inside of it. The SOE EULA and all current US software law (Including First Sale Doctrine) is stating, "Go ahead and trash or sell your house (the hardware) we don't care, but if you mess with the furniture (software) we leased to you it will cost you dearly."

*** It is a weak analogy to begin with so everyone else take this response with a grain of salt.

@Schade Well, at least you admitted it was a weak analogy. Here's why I think mine was better:

If it was like your "rented furniture" analogy, that would mean I could still run all over the house like a maniac, put TVs in the bathroom, put a hot-tub in the den, add other furniture I purchased, move the rented furniture around, or even put the rented furniture in storage while we do what we want with the space.

But we can't do that.

We get into our house how Sony says so, when Sony says so. We cannot rearrange the furniture. We cannot add our own furniture.

People keep repeating "you can do what you want with the hardware, but not the software," and they're completely and totally wrong. We can't do what we want with the hardware, outside of the cosmetics. Yeah, we can paint it any color we want or smash it on the floor, but we can't make the hardware actually perform any function we want of which it's capable. It is not possible to entirely remove Sony's software and use the hardware however one sees fit, which would be the case if we could "do whatever we want with the hardware." Sony's software restricts the use of the hardware.

@Manifest37 why are u so obsessed about other ppl getting trophies by cheating? trophies are just there not a big part of the game more like an extra.

@F minus

dude, EULA's don't mean shit. they're not law, and they often don't hold up in a court of law because of all the consumer protection laws out there.

@3dpenguin

"Thus the reason I agree with the restrictions being placed by the manufactures on systems that have been hacked. Microsoft bans people from XBL for modding their systems, that fine with me, but if I want to go and frits with my system that should be my right, but I better be ready to accept the consequences of doing so. "

totally agree.

@End User Actually you are free to do as you wish with every piece of the hardware, as long as you write the OS and drivers for it...and don't use Sony's code as a starting point.

@End User

Yes... I admitted that your analogy is weak and I was doing the best I could with what I was given.

The fact of the matter is under US software law (which I disagree with but it is the law of the land) Sony has the right to protect their IP, including the OS and all firmware associated with the HARDWARE they sold to you.

Don't like the law... then boot our the corporate lapdogs known as the US Senate (D and R) and get some people in there that actually will put in consumer protection for US citizens. But don't complain because YOU bought hardware and agreed to licensing that YOU do not like.

@xCameleonx The security keys are built into the hardware, not just the OS.

@Schade

Oops, guess I zinged myself there. Read it too fast and didn't realize you were refering to *my* analogy.

Still think my analogy is pretty good. ;-)

@F minus

The EULA is in relation to having a PSN account, geohot does not have a PSN account therefore never agreed to the EULA.

@3dpenguin Everyone here is obsessed with "ownership." Face it, you didn't buy a PS3 for all it's circuit boards and wires.. you bought it for it's function. It has an intended purpose.

You can buy a lead pipe, sulfur, charcoal, and potassium nitrate and put it all together if you want, because you "own" all that stuff... that doesn't stop the police from taking it away and putting you in jail for it.

Ownership by itself is pointless.. it is ego and insecurity driven and a sad sickness created by our society. You don't need to own something, you need to be able to use something. I know it's hard but you'd do well to understand the distinction.

One more example for good measure.. a DVD is useless to you as it sits on your shelf collecting dust. it serves no purpose but to take up space and stress you out when it gets damaged or stolen. What you really want is the ability to watch that movie whenever you want.

You really think giving up 300 dollars for a console entitles you to costing a company millions of dollars and ruining millions of people's investments? That's a pretty self-important perspective you got there.. what the hell have you done for society to earn such entitlement?

@Unvrfd : yeah I know what they try to do... but funny, everytime my Sony PS3 breaks down, I'm very friendly reminded that I should pay a not to shabby amount of money to Sony for repairing MY property...

So if it wasn't my property in the first place... why do I have to pay for repairs... when it's not actually mine?

Please decide this before making funny statements (that are true) yet silly when you look at it closely.

@(Unverified)

It's relevant to point out that the Librarian of Congress has final say in all DMCA cases, which was the basis of the iPhone jailbreak ruling. It could reasonably argued that the cases are similar, which is why it's fair to point out.

I wouldn't have brought up that case the way 3dpenguin did, but the comparison is apt.

@Unvrfd "It's not your property. It's licensed to you and you agreed to that." When? Not trolling - I'm genuinely interested. I don't recall signing any sort of agreement. i have an XBL agreement, but I don't have a PSN account, so if I bought a PS3 and didn't make a PSN account, surely I haven't agreed to anything.

(And I know it gets brought up waaaay too much, but didn't Sony agree to provide OtherOS?)

@Bastard11
"You really think giving up 300 dollars for a console entitles you to costing a company millions of dollars and ruining millions of people's investments? That's a pretty self-important perspective you got there.. what the hell have you done for society to earn such entitlement?"

Well said sir, in fact it was so well said I thought I would copy and paste in the same thread for added effect. Hotz is an asshole looking for fame no different from Jack Thompson. He hacked it and spread it all over the internet, for "homebrew", I have yet to see a homebrew app that isn't used for plain piracy.

@maveric101 Consumer protection laws, eh?

Which consumer, you, me or GeoHot?

@Unvrfd: Ar you kidding me? This is "hardware" we are talking about. When you buy something like that, it's yours to do what you please. Otherwise by your logic, the manufacturers of your fridge have every right to tell you what you can or cannot put in it because after all, "It's not your property. It's licensed to you and you agreed to that". Software (including the games) are whole different story of course and no, you can't just do what you will with them. Geohot made it quite clear that piracy wasn't his intent (i.e. there ARE legitimate uses for these PS3 hacks including the restoration of the Other OS function and even making your own homebrewn games and applications using the PS3's full potential). The problem here is that Sony sees "other people" getting ahold of these tricks and making too easy to run unlicensed software including pirated games (not that this isn't already possible at this point). Either that or they feel Geohot is just covering up his true motives in order to avoid legal trouble (much like those emulator forums having a zero tolerance for piracy/warez to reduce the chances of C&D letters in droves).

@3dpenguin YOU DON'T OWN THE SOFTWARE YOU MORON! YOU ONLY OWN THE HARDWARE! Turn the actual machine into a grill for all I care...the software is "licensed"! meaning NOT yours!

@Leafhopper Prove it. I didn't sign anything that said I would abide by those terms. There are no terms and conditions when buying the system that says you will not mess with the firmware on it.

It is assumed in a court of law that you won't do anything with it. That, however doesn't do much. It merely gives the companies a sort of barrier in which most people won't cross for fear of breaking a law that does not exist.

"I have spoken with legal counsel and I feel comfortable that Sony's action against me doesn't have any basis."

Still feel comfortable Hotz?

Pardon me while I shed a fake tear for this mega-douche...

@Nobledevil Gaming Optimist

This "mega-douche" is also responsible for jailbreaking the iPhone, is he not? Despite the overall holier-than-thou attitude that seems to permeate the comments here, he's actually done quite a few good, amazing things for the world aside from this PS3 debacle.

I'm a software developer. Piracy cuts into my bottom line. I still support what Hotz has done regardless of this because it's brilliant.

@devitek

So because someone does something brilliant, you condone what they do? Wow.. I really hope someone doesn't find a brilliant way to mass murder a lot of people because I'm sure you will be on board that as well.

I think what you probably meant to say is that while you respect his intellect, you don't condone what he has done due the fact it was against the law. If you still think that breaking the law is okay if it was done with intelligence, then I back down and cannot defend your views to law abiding people.

@devitek
Just like I bought and use an iphone like a normal consumer, I do so with a PS3. I don't see any legitimate need for people to crack their PS3 OS and rain down a bunch of problems for the regular ol user.

I don't see these guys breaking the EULA's as heros for anything. Sure, he has some talent - but he is wasting it on this stuff. Strange how desperate people are to find someone to praise.

@Duke

But jailbroken iOS devices are so much sweeter than stock.

@ToTheMoon

Wow, we had to go all the way to mass murder? Really? I condone his intellect, to be sure. I condone his intention as well--it's really more about OtherOS than anything, and we really did get robbed of that. He wanted to find a way to reinstate it, and that's fantastic. I'm not really talking about law breaking, no one should condone that. I think he's certainly made some mistakes in regards to this, but no one here is perfect. It's easy to sit on high, posting comments about how wrong and evil he is for opening the door to piracy. Anyone can do that. I can also condemn all people for their daily breaking of rules and laws. Have you ever run a red light? Maybe you didn't stop completely at that stop sign? Did you remember to signal a lane change on the highway even though it was 2am and no one else was around to see it?

Always so quick to condemn someone for something though, aren't we?

@Duke

Not really praising this guy for his actions. If anything, I'm envious of his talent.

What I do find appalling, as do most of the people commenting here, are those individuals that choose to ruin online gaming by hacking games and running them on a live server. THAT is deplorable, unfair, and otherwise deserving of severe punishment.

@devitek
Good to know.

@ToTheMoon

Einstein is brilliant in the same way...

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Sony's restraining order against Geohot granted

Reader Comments (180)

Posted: Jan 27th 2011 3:23PM 3dpenguin said

Posted: Jan 27th 2011 3:32PM Manifest37 said

Posted: Jan 27th 2011 3:33PM Unvrfd said

Posted: Jan 27th 2011 3:35PM MiguelAMX said

Posted: Jan 27th 2011 3:38PM Vidikron said

Posted: Jan 27th 2011 3:39PM LEONLEONLEON said

Posted: Jan 27th 2011 3:46PM sonicspike41 said

Posted: Jan 27th 2011 3:46PM (Unverified) said

Posted: Jan 27th 2011 3:48PM Leafhopper said

Posted: Jan 27th 2011 3:52PM 3dpenguin said

Posted: Jan 27th 2011 3:57PM 3dpenguin said

Posted: Jan 27th 2011 3:59PM jmr1986 said

Posted: Jan 27th 2011 4:02PM 3dpenguin said

Posted: Jan 27th 2011 4:08PM Manifest37 said

Posted: Jan 27th 2011 4:10PM 3dpenguin said

Posted: Jan 27th 2011 4:25PM F minus said

Posted: Jan 27th 2011 4:25PM AriesWarlock said

Posted: Jan 27th 2011 4:40PM End User said

Posted: Jan 27th 2011 4:42PM End User said

Posted: Jan 27th 2011 4:46PM End User said

Posted: Jan 27th 2011 4:49PM End User said

Posted: Jan 27th 2011 5:11PM Schade said

Posted: Jan 27th 2011 5:42PM End User said

Posted: Jan 27th 2011 5:44PM TNK1 said

Posted: Jan 27th 2011 6:12PM maveric101 said

Posted: Jan 27th 2011 6:37PM maveric101 said

Posted: Jan 27th 2011 6:40PM xCameleonx said

Posted: Jan 27th 2011 6:46PM Schade said

Posted: Jan 27th 2011 6:55PM End User said

Posted: Jan 27th 2011 6:58PM End User said

Posted: Jan 27th 2011 7:54PM This Little Man Says His Name Is said

Posted: Jan 27th 2011 9:10PM Bastard11 said

Posted: Jan 27th 2011 9:11PM JimJim said

Posted: Jan 27th 2011 9:30PM TheBrainninja said

Posted: Jan 28th 2011 9:26AM DrewExMachina said

Posted: Jan 28th 2011 10:54AM MrAhh said

Posted: Jan 28th 2011 11:14AM blarty said

Posted: Jan 29th 2011 10:17AM djnforce9 said

Posted: Jan 31st 2011 8:29PM tidus5ffx said

Posted: Feb 1st 2011 1:45PM Ellimem said

Posted: Jan 27th 2011 3:25PM SteveoftheGods said

Posted: Jan 27th 2011 3:25PM Nobledevil Gaming Optimist said

Posted: Jan 27th 2011 3:29PM devitek said

Posted: Jan 27th 2011 3:44PM ToTheMoon said

Posted: Jan 27th 2011 3:48PM Duke said

Posted: Jan 27th 2011 4:09PM Vidikron said

Posted: Jan 27th 2011 4:14PM devitek said

Posted: Jan 27th 2011 4:18PM devitek said

Posted: Jan 27th 2011 4:28PM Duke said

Posted: Jan 27th 2011 4:29PM Sandite5 said

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