backtop


Print 47 comment(s) - last by Schrag4.. on Jan 14 at 11:22 AM


George "geohot" Hotz, circa 2007  (Source: ISEF on FlickrGeorg)
Sony plans to put the DMCA amendments and its foes legal budgets to the test

About a week and a half ago, George "geohot" Hotz and the team of firmware hackers dubbed fail0verflow (Hector Cantero, Sven Peter, "Bushing," "Segher," and other anonymous members) released the root keys for the Sony PS3 via a smart phone hack.  Those keys allow virtually any app to be run on the PS3, a critical step to re-enabling the Linux support that Sony abandoned.

Needless to say Sony was less than enthused.  Claiming the release would promote piracy; Sony yesterday filed a restraining order [blog] against geohot and the members of fail0verflow citing Digital Millennium Copyright Act, the Computer Fraud and Abuse Act violations and copyright violations.

Today they followed up that up with a full copyright infringement lawsuit [Scribd].  The suit was filed in San Francisco District Court.

Sony claims that geohot, in circumvent its copy protections.  It says that the geohot and the other named defendants:

  • Violated section §1201 of the Digital Millennium Copyright Act, which forbids bypassing access control measures;
  • Violated section §1030 the federal Computer Fraud and Abuse Act, which forbids accessing computers without authorization;
  • Contributed to copyright infringement in violation of section §501 of the Copyright Act
  • Violated trespass, "common law misappropriation", breach of contract, "tortious interference with contractual relations" as per Penal Code §502 of the California Comprehensive Computer Data Access and Fraud Act (commonly referred to as the California Computer Crime Law)

We're not lawyers, but as Jay-Z says we "know a little bit".  But all of these charges seem pretty tenuous.

The DMCA accusation is weakened by the Library of Congress's recent addition the DMCA, stating that in the cell phone arena it is permissible to:

Computer programs that enable wireless telephone handsets to execute software applications, where circumvention is accomplished for the sole purpose of enabling interoperability of such applications, when they have been lawfully obtained, with computer programs on the telephone handset. 

If it is permissible for cell phone apps, it seems unclear why it wouldn't be similarly permissible for gaming consoles.

Similarly, the Computer Fraud accusation seems tenuous, given that geohot and others reportedly owned legally purchased PS3s and thus should be authorized to access them.

Lastly, the California Computer Crime Law violations seem somewhat hard to prove, given that Sony will have to establish their business was being significantly harmed via the distribution of the root keys.

Still Sony is a company with a lot of money and power so geohot, et al better retain top notch legal aid and better find someone(s) (quickly) to bankroll that legal campaign.  Of course, given all of his clashes with Apple, we're guessing Mr. Hotz has a pretty good lawyer on retainer.



Comments     Threshold


This article is over a month old, voting and posting comments is disabled

RE: Good job Sony
By chick0n on 1/14/2011 10:19:26 AM , Rating: 1
also, can you walk into the pentagon and say hey, I am a taxpayer and I paid for your stuff, so I am coming in now to take a "visit"

You paid for it right? big fuxking deal ?


“We do believe we have a moral responsibility to keep porn off the iPhone.” -- Steve Jobs














botimage
Copyright 2014 DailyTech LLC. - RSS Feed | Advertise | About Us | Ethics | FAQ | Terms, Conditions & Privacy Information | Kristopher Kubicki