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Reader Comments (141)

Posted: Feb 5th 2011 10:19PM Anticrawl said

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Is Sony going to sue themselves next? The jackasses posted the key in the public court documents. Something Geohot hismelf didn't even do.

Posted: Feb 5th 2011 10:27PM Imikulate said

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@Anticrawl

It's too late stop the hacks, might as well give yourself the strongest case you can in court. It helps to be specific.
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Posted: Feb 5th 2011 10:31PM Anticrawl said

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@Imikulate

Stupidly enough Sony didn't realize he hadn't gotten that far along in his project and was about to give up. Things wouldn't be as bad as they are if Sony hadn't released that full key to the public via court documents.
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Posted: Feb 7th 2011 11:31AM Dreamscape said

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@Imikulate

this IS sony we are talking about



from what I understand their lawyer is 18 and fresh out of lawschool, his only other case was some other lawsuit he did for sony and if my memory serves, he lost.

maybe that explains sony's shitty legal choices
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Posted: Feb 5th 2011 10:27PM Cavall said

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In the end, you cant blame them for using legal action to defend their bottom line. By not doing so, it legitimizes hacking, something they dont want to do.

So yeah, really, what other option was there other than to slap a few hands and say "do no do that."

Posted: Feb 5th 2011 10:46PM djpenny said

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Oh no

Posted: Feb 5th 2011 10:56PM MNeko said

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Oh man, not Waninkoko!

Man, Sony's not making their products any more appealing by acting like this. I've never pirated software on the Xbox 360 and refrained from using the DLC sharing trick on my Playstation 3, but I would prefer to have the option to run homebrew software on both of these systems. When Sony takes such a hardline, extreme stance against homebrew software developers, it tells me that their products aren't really for me.

Posted: Feb 5th 2011 11:07PM N3M0F8ng said

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So it begins.... Those are also big names in other console hacks...

Posted: Feb 5th 2011 11:08PM DrRadon said

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Aaaaaaaand still, they will not win in the end, aaaaaaaaaand thats a good thing.

At least Sony is smarter than the average internet fanboy, after a month the company actualy noticed that geo dident code any kind of jailbreak and that there are other targets that are less far away from the discription of "broke the law".

Posted: Feb 6th 2011 12:42AM balkanboyz said

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They are just attracting more hackers music industry and law firms get angry over p2p every law suit every site shut down encourage more attack to a point were they attack business not just product ....there coming for us? Every company has dirt.... lets see what happens when its out

Posted: Feb 6th 2011 1:22AM arrrdawg said

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Sony is wasting this kid's time and money with an outrageous lawsuit they don't have a chance in winning. Do not expect this to last very long, they can only drag it so far before hitting a wall and then this whole thing gets thrown out.

Look past the implications this has on piracy. Sony are challenging our rights as consumers. When you buy a song, movie, or video game it's been made clear over the past decade you don't own that content, merely a license to use it. This does not extend past media, they do not own my PS3 and I didn't pay for a $400 license to use it.

The license agreement that we all probably didn't read and clicked past just like any other might say they have the right to remotely kill (and not just ban online) our consoles. Even though we agreed to it, that in itself would be questionable and would probably result in a class action lawsuit if they ever did such a radical thing. There is a lot of ways to look at this - for example claiming the OS is licensed to us and we don't own it and it's protected under DMC. Not true, even if piracy is an obvious side effect the intent from geohot was to get back Other OS functionality and ultimately to have developers write their own apps on a closed system. Their little checkbox is meaningless.

This is no different than iphone jailbreaks except the DMC amendment only says mobile devices. Expect that to change someday very soon.

I see a lot of comments in defense of Sony despite them clearly skirting around the law and corning this kid with a bunch of overpaid attorneys. Since they filed it in California and under SCEA and Sony is a Japanese company expect things to get more complicated for the worse.

I realize this a gaming blog and Sony has their own diehard fanbase - that's were most of the negativity goes. There are some good points that this opens up doors to piracy and cheating which gamers would like to keep out - I see that too and I definitely agree. It's just that Sony is way overreacting. Oh and the douchebag comments? Really? Are you 12 (well yeah probably are)?? This guy was the first to jailbreak the iphone when he was 17. Somebody wanted it so bad they gave him a car and three ipods in trade. He's a genius, he's found several iphone exploits and now is the first to open up the PS3. Haters gonna hate

Posted: Feb 6th 2011 9:31AM Scuffles said

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@arrrdawg See but thats the strategy here I don't think they really expect to win tho I'm sure they hope to scrape out a victory .....

It sounds a lot like the "we are going to bury you in legal fees." play that companies pull because they can. Since if at any time you stop fighting them they are almost guaranteed a de facto judgment in their favor.

They have enough money that throwing hell a few million into lawyers with the singular purpose of dragging this out for as long as possible is nothing to them, So the CEO will have to cut out using the company jet to fly to Paris for lunch ..... once. While in the other corner your looking at someone who will probably have to mortgage their house just to stay afloat or represent themselves and risk losing because they don't know all the shady operators and existing precedents to site.
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Posted: Feb 6th 2011 9:35AM Scuffles said

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Oh yeah and I forgot the part where after they have buried the party of the first part in legal fees from which it will take a good decade to recover from they drop their case last second to avoid setting precedence that they might have to fight against in the future.

So they don't have to win to win.
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Posted: Feb 6th 2011 2:27PM arrrdawg said

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@Scuffles Maybe that could be. I know the one time I sought legal advice from an employment attorney against a former employer, they told me it wouldn't be worth it even if I won the case because I would be buried in legal fees.

This is a bit different of a case, it has national coverage for one thing and I'm sure his attorneys have made some sort of deal with him. I would expect no matter the outcome, their will be a counter-suit for a settlement to pay for the legal fees/time. It's too early to say anything, but in the coming days/weeks I expect this "restraining order" to be lifted because as mentioned previously the California location, although the US headquarters of SCEA, makes less sense because Geohot is from Jersey and Sony is a Japanese company.
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Posted: Feb 6th 2011 1:33AM Muskie said

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Right. So. A defendant in California is going to attempt to litigate against a Canadian, in which the laws state that hacking/jailbreaking _any_ device for the purpose of homebrew/legal backups is legal, and a programmer who lives in SPAIN. who is far, far from the juristiction of a Californian court.

Not to mention that the users in questions have already moved from GitHub to Gitorious..

Posted: Feb 6th 2011 1:40AM huffhuffhuff said

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Sony does everything so it doesn't surprise me.

Posted: Feb 6th 2011 2:01AM ouenwoof said

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Waninkoko is one of the main designers for most of the Wii homebrew applications, but literally every single one has some kind of big disclaimer somewhere reading "please, for the love of god, do not use this for piracy, only game backups", and probably only helped with this without any desire to provoke piracy. It doesn't sound like a worthwhile target to go after.

Posted: Feb 6th 2011 2:33PM arrrdawg said

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@ouenwoof Yes and all of the mentioned 'hackers' feel the same way. I do not sincerely believe that piracy is their intention. It's just an unfortunate side-effect of opening up the console. It actually makes more sense from a legal stand point to go after the party responsible for making a backup loader and not the exploit which allowed the backup loader to be possible. I don't follow the scene closely but I think that backups currently still require the original disc in the drive in order to boot.
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Posted: Feb 6th 2011 9:27AM 30yearGamer said

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@Steven4 Sony: Don't f*ck with us. We'll find you.
++++++++++++++++++++++++++++++++++++++
Really? I was hoping that they put turds like you in jail with the sodomites. I don't see any positives what so ever to what you guys do. You pretty much always jag things up for everyone else. Why not be constructive? Try to make money with these talents.

Posted: Feb 6th 2011 10:23AM jcar302 said

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Shouldn't this lawsuit be about the people that use the jailbreak to do illegal activities with it?
It's your ps3 you should be able to modify it you want, now pirating games or cheating online, that's another story.

Me personally, i need not pirate games, i prefer the real copy and to never worry about getting locked out of an online match.

I just don't see how sony can sue the guy that came out with the system mod.
I put a supercharger on my mustang, should the state sue that company because i drive like an asshole?

Posted: Feb 6th 2011 10:37AM ND92 said

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Leave Waninkoko alone. :(

Posted: Feb 6th 2011 10:43AM jmr1986 said

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Holy hackers prosecution Batman!!

Posted: Feb 6th 2011 11:53AM JCDoe said

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Ah, so some hackers aren't as stupid as Geohot, and try to keep their true identities secret . . . imagine that!

Unfortunately for these guys, they're about to learn that 4chan's rule #3--"we are anonymous"--is very wrong. All it takes is a few well placed subpoenas to figure out EXACTLY who you are.

Incidentally, this is why most serious hackers operate on russian servers, since their hacking laws are very minimal. Were these guys using a server in Russia, they'd be pretty much impossible to hunt down.

Posted: Feb 6th 2011 3:28PM Charza said

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@JCDoe In Soviet Russia, PS3 Hack YOU!!!
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Posted: Feb 6th 2011 5:16PM Railgun said

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@JCDoe
At least two of those guys Sony is looking for don't even live in the US, so doubt they're worried.
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Posted: Feb 6th 2011 7:49PM JCDoe said

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@Railgun

Depends on the country and its laws. I think most of the EU has gotten strict on intellectual property rights laws in the efforts to buddy up with the US. Other countries, like China and Russia, don't manufacture significant revenue from IP, so they have little reason to create and enforce IP rights laws.

To those who argue that these hackers do or don't deserve this (argued later in this post), all I can say is this: you obviously don't understand the mindset of hackers. They aren't homebrewers. They don't really care what their hacks are used for. They hack for the sake of hacking. Security systems are their form of "jigsaw puzzles:" they exist for no other purpose than solving.

Do they have it coming then? Shrug, maybe. It isn't like they *maliciously* enabled piracy. But then, they didn't exactly go out of their way to prevent it either.
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Posted: Feb 6th 2011 12:53PM pABSO said

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Kogarasumaru (Sony)! Crush Em All!!!

Posted: Feb 6th 2011 2:37PM LiiamAtk said

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sony do me a favour and shut up? you cant stop a hacking community. lol.

Posted: Feb 6th 2011 3:41PM walda said

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"...all OF you..." You forgot the of part. "Of."

Posted: Feb 6th 2011 4:18PM Axe99 said

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Hackers, by providing the resources pirates need to crack code, hurt gamers. If hackers kept it to themselves (they're supposed to be good with code, no? Surely they could produce custom FW that didn't enable piracy, or had meaningful blocks in place) then it's all well and good, but when they enable pirates to steal from developers, publishers and gamers (more piracy = higher game prices, other than for the pirates), then they're part of the problem.

While Sony's approach may or may not be as good as it could be, it's in all legitimate gamers' best interests. Anyone not supporting Sony looking out for our interests (by looking out for their interests) is either unaware of this (ie, uninformed/stupid) or a pirate themselves.

Note that Sony isn't sueing anyone who hasn't made their work available online - they're only trying to stop piracy here, they wouldn't give a fried fig if the hackers had a protected network they did this on to make Open Office work on PS3 or whatever esoteric coding they're getting up to.

Posted: Feb 6th 2011 5:23PM Railgun said

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@Axe99
>more piracy = higher game prices
Really? What was Ocarina of Times retail price when it came out, like 80 dollars? Games nowadays are priced fine, especially compared to what gamers in Europe and such pay for their games. The main driving factor in game prices going up, is development costs, not piracy.

Either way, it doesn't matter, because it's not like Sony is going to win their suit.
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Posted: Feb 7th 2011 12:23AM Axe99 said

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@Railgun I never said game prices now weren't fine, and I'm well aware of the much lower real cost of games now than in 1996 (although I doubt it was 80 dollars then - I was a PC and Playstation gamer at the time, but unless Ninty were charging above everyone else in general, that would have been a pretty extensive game for 1998 on either ).

You're also right that the higher costs of development mean higher prices.

However, the devs meet those dev costs through game sales. Less game sales (and piracy hurts game sales - anyone who suggests otherwise is just plain dumb - On top of the research, I know personally of numerous occasions when piracy has hurt game sales), means that games have to cost higher, all else being equal, to meet dev costs. It's all money, and pirates mean less money in gaming, which means less money for everyone in gaming, either the devs or publishers (lower profits and salaries) or gamers (higher game prices, so less money left over for other things).

Pirates cost gamers money - it's not rocket science, and its well established (and has been for decades).
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Posted: Feb 7th 2011 12:50AM arrrdawg said

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@Axe99 Disagreed. You, like many others posting here, are brainwashed by a capitalistic corporation hell-bent on taking your well-earned money and in return providing something you think is 'worth it'. Hackers are amazing in that they discover exploits in ways normal people would never even know how to look for. That is what is truly amazing. For anybody to truly defend a big capitalistic business especially like Sony, this truly states your stance - that you are definitely a fanboy. Piracy is not the problem - piracy has ALWAYS been there. From the early days of PCs when piracy was as easy as copying a disc to the glory days of arcades when it was just a matter of copying rom chips - it has always been there. Game companies use it as a crutch right now to control everything and justify the prices of games. In truth, they are pulling the wool over your eyes and convincing people that for example piracy was the reason the PSP died. Bullcrap. That's not the reason. Pirates would NEVER buy the games that they pirate. Think about it. Most people at one time or another have been guilty of piracy. And they most likely did it for something they never intended to buy. The majority of piracy occurs in countries that simply can't afford the games they are pirating. Even when piracy does occur on the home front, it often encourages non-pirates to buy the games they play if they enjoy it at a pirate's house. Gameloft for example follows the shareware model of old, if you enjoy the game thus far for free pay for the rest. Anybody who disagrees most likely has an IP address that traces back to SCEA. Seriously, we can prove it arseholes so don't bother.
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Posted: Feb 7th 2011 10:33AM Axe99 said

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@arrrdawg Mate, you're living in a dreamworld. Where do I start....

- I'm not defending Sony - I'm defending gaming. I'm defending Tim Shafer and Double Fine's work, I'm defending Jonathon Blow, I'm defending every dev who's ever had the product that most of their crew worked 60+ hour weeks on for months stolen from them.

- Many pirates would buy the games they pirate. While you're right, in that PC piracy has been around forever, there's a wonderful parallel in the music industry. Mysteriously, once music piracy became easy and simple online, music sales dropped through the floor (and concert tickets went up to compensate). Ie, piracy hurts sales - it's clear as bloody day. Hell, it's a big reason why devs moved to consoles in the first place (the devs have said this - the torrent numbers support this, as do the difference in game sales on console vs PC for numerous titles). At the end of the day, if you give a self-centred person who doesn't care about others the option of taking something for free, or paying someone for the work they put into it, they take it for free. That's the choice pirates are given and that's the choice many pirates make. Hell, I know around 50-odd gamers well, and I know that of those who pirate, a significant proportion would buy if they had to. You're living in la-la land if you think pirates wouldn't pay for pirated games. You also clearly know very little about the gaming industry, its history, or IP piracy, or human behaviour.

- Don't forget the vast majority of games have demos. Pirates don't have to pirate, they can play the demos to see if they like a game.

- Piracy has absolutely been there since the early days of PC gaming (I know, I was there) - and so were anti-piracy measures, right from the start. I'm sure that it was just an intellectual activity to keep the devs from getting bored though - I'm sure they made us type in the first word at line two, paragraph three on page 71 of the manual because it'd get us in the mood to game. lol. The reason piracy is a bigger issue now than it was then is because of ready access to the internet and download speeds and quotas big enough to copy whole Blu-ray games if people want. As internet access and torrent sites have made it easier and easier for PC games to be pirated, more and more PC devs have jumped ship to consoles with far lower piracy rates. They've even explained how and why this is happened, in quite some detail. These devs were having literally hundreds of thousands of more people playing their game than were paying for it. Strangely enough, on console people still paid for these games, even though clearly the pirates on PC would never have considered paying for them....

I have no trouble with Hackers that don't help piracy - they're just having a bit of fun with their tech, get into it I say. But openly supporting pirates like your post is basically spitting on the work of every dev, publisher and legit gamer. You're either dumb (and your post does suggest pretty limited knowledge of the way things work, so I'm putting you in this category) or you're a self-centred, thoughtless git who is doing his bit to destroy the gaming industry.
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Posted: Feb 6th 2011 6:06PM mcnichoj said

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@Lucky48
It's funny because they have an easiar way of tracking those that hack PS3s, it's called gameplay logs.

Posted: Feb 6th 2011 6:23PM Robborboy said

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@mcnichoj gameplay logs don't even matter.
Every time the PS3 is booted it reports to a bunch of Sony owned servers.

Posted: Feb 6th 2011 10:57PM Machiavellian79 said

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Oh well, I guess Sony wants that bulleye permanentely stitched to their back. I guess Sony is declaring war but it might be a war they no only cannot win but will probably piss off enough people to make it their job to cause them as much problems as they can. This should be interesting from now on.

Posted: Feb 7th 2011 12:14AM DigitalFortress said

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Go on Sony ; KILL THEM ALL!!! :D

Posted: Feb 7th 2011 12:52AM arrrdawg said

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@DigitalFortress Wow you're brutally honest. Do you work for Sony? If not you should apply for a job there. Fanboy
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Posted: Feb 7th 2011 11:41AM SisypheanLife said

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Pirates are just lazy criminals and deserve to be treated as such.

Posted: Feb 7th 2011 2:42PM mikec89 said

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Anyone else think of DSG from that image?

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