GeoHot and Sony Settle PS3 Jailbreak Case

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Marik Bentusi

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Aug 20, 2010
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Apparently The Escapist is either full of selfless heroes or people that can't imagine standing in that guy's shoes.
 

The Wykydtron

"Emotions are very important!"
Sep 23, 2010
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Irridium said:
The Wykydtron said:
Ah i think i see what he's driving at, i suppose it kinda is fraud since the promised legal battle that everyone donated for never happened. The fact that he's donating to charity doesn't really change anything...

[sub]Not that i'm in the habit of taking sides of course[/sub]
Hotz said any money that won't go towards the legal battle will go to charity, which it will. So long as he donates it, he will not have committed fraud.
Then... He's a very (perhaps inadvertently) shrewd man AHAHAHAHAHAHAHAHA!

[sub]^^ Exactly what i just said to myself while reading this[/sub]

*ahem*

Is that in writing? Cuz that's just killed any chance of a legal battle over this particular "no legal battle" thing.

Well played Geohotz, i didn't think you had it in you
 

GiantRaven

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Dec 5, 2010
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Radeonx said:
Sony is lame, and is suing me for hacking MY OWN PS3. Help me own them in court
I thought Sony were suing him for distributing the hacking whatevermajig.
 

Throwitawaynow

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Aug 29, 2010
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Radeonx said:
JDKJ said:
snip
I think all the excess money should go to the charity, and not a refund for donaters. However in your copy/paste I saw this bit

"What if SCEA tries to settle?
Lets just say, I want the settlement terms to include OtherOS on all PS3s and an apology on the PlayStation blog for ever removing it. It'd be good PR for Sony too, lord knows they could use it. I'm also willing to accept a trade, a legit path to homebrew for knowledge of how to stop new firmwares from being decrypted."
 

Wedlock49

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May 5, 2010
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Now who would have thought that moron would sell out, eh? So much for all that hot-aired bullshit he spouted about fighting for peoples rights.
 
Apr 28, 2008
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The Wykydtron said:
Irridium said:
The Wykydtron said:
Ah i think i see what he's driving at, i suppose it kinda is fraud since the promised legal battle that everyone donated for never happened. The fact that he's donating to charity doesn't really change anything...

[sub]Not that i'm in the habit of taking sides of course[/sub]
Hotz said any money that won't go towards the legal battle will go to charity, which it will. So long as he donates it, he will not have committed fraud.
Then... He's a very (perhaps inadvertently) shrewd man AHAHAHAHAHAHAHAHA!

[sub]^^ Exactly what i just said to myself while reading this[/sub]

*ahem*

Is that in writing? Cuz that's just killed any chance of a legal battle over this particular "no legal battle" thing.

Well played Geohotz, i didn't think you had it in you
Radeonx copy/pasted the text from his donation site a couple posts above.
 

Baresark

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Dec 19, 2010
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JDKJ said:
Baresark said:
This is not really unexpected. I wish GeoHotz had pushed on myself. But, you can't blame him for not having the follow through on such a massive undertaking. This doesn't hurt piracy. It doesn't hurt Sony, I would call it a draw.

JDKJ said:
Dastardly said:
JDKJ said:
Oh, yes you did purchase a guaranteed win. That's the guarantee that Hotz made when he solicited the money.

The big bad Wall Street Attorney is here to tell you to shut the fuck up, you don't know!!!

For real though, if he had gone asking for donations by saying he doesn't think he will win, or if he is given an opportunity to settle out, he will, no one would have donated. If Sony hadn't offered to settle, we wouldn't be talking about this at all. There was the potential to do what he suggested, but I don't think I should have to tell you that no victory such as that is guaranteed. I know you are immune to contractual law and all that, and had you been involved it would have been over by now, but use your intelligence here.
No, I don't have to speak in my capacity as a big, bad-ass, Wall Street attorney. I'll just let New Jersey law do the all talking for me:

In order to assert a legal fraud claim the moving party must establish the following five elements by clear and convincing evidence: ?(1) [a] material misrepresentation of a presently existing or past fact; (2) knowledge or belief by defendant of its falsity; (3) an intention that the other person rely on it; (4) reasonable reliance thereon by the other person; and (5) resulting harm.? Jewish Ctr. of Sussex Cty v. Whale, 86 N.J. 619, 624-625 (1991); see also Simpson v. Widger, 311 N.J. Super. 379, 392 (App. Div. 1998).

You can read the relevant case law and then continue to argue that there isn't a colorable claim of fraud against Hotz, but I must forewarn you that you are once again headed towards that big ol' fail bucket in which you apparently enjoy standing.
Except for the fact, as it was posted by another forum member (Radeonx), there was no claim of definitive victory, only in your head. You just like to strut on these forums, be contrary to what other people are saying, and then cite legal reasons as to why you're right, and everyone is wrong. But you're proof of a victory doesn't exist, smashing the five elements of clear and convincing evidence (emphasis mine).
 

Cipher1

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Feb 28, 2011
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A boring end but I guess its a smart move on his part I really didn't see him coming out of this well.


Now to see what annon makes of this.
 

JDKJ

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Oct 23, 2010
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Radeonx said:
JDKJ said:
What was obvious was that Hotz said he was going to fight Sony all the way and he was going to win. When his begging-ass was soliciting money for his Legal Defense Fund, he never said a word about the possibility that he was ever going to settle with Sony. He said he was going to prevail against Sony and, in so doing, set a legal precedent from which his donators would also benefit. He hasn't made good on that promise. Ergo, he needs to hurry up and return the donations.
[spoiler/]On the subject of a Legal Defense Fund
Read groklaw, psx-scene, the case docket, and my new blog for updates on the case

Media, I need your help. This is the first time I have ever asked. Please, if you support this cause, help me out and spread the word.
I want, by the time this goes to trial, to have Sony facing some of the hardest hitting lawyers in the business.
Together, we can help fix the system

First round of donations is closed
Thank you so so much for all of your help, things are looking up money wise. Expect to see a few more lawyers on my responses!
I have enough to cover my legal fees for the time being, and in the absolute worst case scenario, we don't want Sony getting it :p

For now, the best thing you can do is spread the word
Let people know how Sony treats customers
Let people know Sony would rather sue than be proactive and try to fix the problem
Let people know about laws like the DMCA which stifle innovation, and don't do anything to fix the problems they were created to solve

tl;dr
Sony is lame, and is suing me for hacking MY OWN PS3. Help me own them in court

Sony are bullies
Sony doesn't care if what you did was legal, if they don't like it, they sue. Sony tried to sue a guy for getting his AIBO to do non Sony approved tricks, making it apparent that they don't really care about piracy, they care about control. In (Sony v Bleem), Bleem was the winner on all counts, but the high cost of a legal defense shut them down. Fortunately, that suit helped set precedent on the legality of emulators. I would hate to lose this case due to resource starvation, and with the support of the masses, I won't. Lets turn the bully back on itself. This case has the ability to set a huge precedent for consoles and all closed systems to come. The other two should be begging Sony to back off.

Sony sued the wrong guy
I am an advocate against mass piracy, do not distribute anyone's copyrighted work but my own, do not take crap lying down, and am even pro DRM in a sense. For example, I believe Apple has every right to lock down their iPhone in the factory as much as they want, but once it's paid for and mine, I have the right to unlock it, smash it, jailbreak it, look at it, and hack on it. Fortunately, the courts agree with me on this point.
My PS3 goal has been to provide users a legitimate path to homebrew, which by the standards of all previous cases (or, in reverse), is 100% legal. Sony does not even try to allege piracy or copyright infringement in this case, they allege I did things like play "super mario world, an unauthorized game" on MY PS3. And access MY PS3 in an unauthorized way. Who are they to authorize what I do with my taxed and paid for property?
fail0verflow's goal was even nobler than mine. They wanted to give you back a feature Sony illegally stole, Linux on your PS3. It's shameful on Sony's part that they are being sued at all. If you have a problem with pirates, sue them, don't sue people who point out your shortcomings.

Why should I care about your personal legal troubles?
You shouldn't. For example, if I was taken to court for sex crimes in Sweden, I would never ask for donations. But this case isn't about me. Clearly I am not being sued because of something I have that Sony wants, I am being sued in order to send a message that Sony is not to be messed with. But if I(and all codefendants likewise) actually win this, we have the power to send a much stronger message back. That consumers have rights, and we aren't afraid to stand up for them.

Why should I trust you? I just saw you trying to rap battle Sony
My attempts at humor aside, I do take this whole matter very seriously. Again, it's not about me, I was on the verge of quitting this stuff last June, and I would hate to be the one who sets a reputation for hackers that all a company has to do is sue us and we back down. In fact, I want the opposite reputation set, that the more a company tries to abuse the legal system, the harder we rally back. I will be the first person in line on the launch date of the Xperia Play, and itching to get my hands on the Next GEOHOT Project.

Why did you wait until now to set this up?
I didn't want to be trigger happy, and thought the suit might go away quickly. Also, I had to consult with my lawyers about how to do this. It's been over a month, and it looks like this is going to be a drawn out case. I am in this for the long haul. I am very serious ethically when I take donations, for all iPhone work I only accepted after the fact, here after the fact is too late. Now I am pot committed so to say.

How much should I donate?
Put it this way, Sony has 5 lawyers, I have 2. I'd like to level the playing field, and really get some hard hitters in there. I have already racked up over 10k in legal bills; donate whatever you feel like. Leftover donations at the end of all this will be donated to the EFF.

What if I want to donate more than I feel comfortable sending through PayPal?
I'm excited! Email me, we'll figure it out.

Why doesn't the EFF fund this?
Ask them. They have offered to provide some legal help though, which is much appreciated.

Donate to help you, you're the reason I can't play Modern Warfare now?
No, I'm not. Kakaroto explains this really well here. I have never played PS3 online ever. Frankly I'm amazed by the apparent ease with which these cheats were created, security 101, why is the security in the client anyway? I had no idea this would happen, and am in full support of the cheaters being permabanned from PSN.

I'm a poor college student, what can I do to help?
I feel you, don't worry. Spread the word. Let people know how you feel about what Sony is doing. Let Sony know how you feel about what Sony is doing.

What if SCEA tries to settle?
Lets just say, I want the settlement terms to include OtherOS on all PS3s and an apology on the PlayStation blog for ever removing it. It'd be good PR for Sony too, lord knows they could use it. I'm also willing to accept a trade, a legit path to homebrew for knowledge of how to stop new firmwares from being decrypted.

Why isn't SCEA trying to settle?
RAGE RAGE RAGE RAGE RAGE...THEY POINTED OUT OUR SECURITY FLAWS...IM SO MADDDDDDDD...WAHHHHHH

Check out the new blog
Old index page for archival purposes here

Contact Me
geohot ... gmail[/spoiler]

That is his web page asking for donations.
Please tell me where he is for sure going to win this case, because I've found "if I actually win this.." and other things such as that, but no "You are donating so I can get a guarantee win" or anything similar, like you say he keeps claiming.

Now, I skimmed through it, so correct me if I missed a giant paragraph where he spits out arrogance at how he is going to dominate Sony's legal teams. All I'm seeing is him saying that he needs money to go into court against Sony and that he needed to pay lawyer bills.
Radeonx said:
JDKJ said:
What was obvious was that Hotz said he was going to fight Sony all the way and he was going to win. When his begging-ass was soliciting money for his Legal Defense Fund, he never said a word about the possibility that he was ever going to settle with Sony. He said he was going to prevail against Sony and, in so doing, set a legal precedent from which his donators would also benefit. He hasn't made good on that promise. Ergo, he needs to hurry up and return the donations.
[spoiler/]On the subject of a Legal Defense Fund
Read groklaw, psx-scene, the case docket, and my new blog for updates on the case

Media, I need your help. This is the first time I have ever asked. Please, if you support this cause, help me out and spread the word.
I want, by the time this goes to trial, to have Sony facing some of the hardest hitting lawyers in the business.
Together, we can help fix the system

First round of donations is closed
Thank you so so much for all of your help, things are looking up money wise. Expect to see a few more lawyers on my responses!
I have enough to cover my legal fees for the time being, and in the absolute worst case scenario, we don't want Sony getting it :p

For now, the best thing you can do is spread the word
Let people know how Sony treats customers
Let people know Sony would rather sue than be proactive and try to fix the problem
Let people know about laws like the DMCA which stifle innovation, and don't do anything to fix the problems they were created to solve

tl;dr
Sony is lame, and is suing me for hacking MY OWN PS3. Help me own them in court

Sony are bullies
Sony doesn't care if what you did was legal, if they don't like it, they sue. Sony tried to sue a guy for getting his AIBO to do non Sony approved tricks, making it apparent that they don't really care about piracy, they care about control. In (Sony v Bleem), Bleem was the winner on all counts, but the high cost of a legal defense shut them down. Fortunately, that suit helped set precedent on the legality of emulators. I would hate to lose this case due to resource starvation, and with the support of the masses, I won't. Lets turn the bully back on itself. This case has the ability to set a huge precedent for consoles and all closed systems to come. The other two should be begging Sony to back off.

Sony sued the wrong guy
I am an advocate against mass piracy, do not distribute anyone's copyrighted work but my own, do not take crap lying down, and am even pro DRM in a sense. For example, I believe Apple has every right to lock down their iPhone in the factory as much as they want, but once it's paid for and mine, I have the right to unlock it, smash it, jailbreak it, look at it, and hack on it. Fortunately, the courts agree with me on this point.
My PS3 goal has been to provide users a legitimate path to homebrew, which by the standards of all previous cases (or, in reverse), is 100% legal. Sony does not even try to allege piracy or copyright infringement in this case, they allege I did things like play "super mario world, an unauthorized game" on MY PS3. And access MY PS3 in an unauthorized way. Who are they to authorize what I do with my taxed and paid for property?
fail0verflow's goal was even nobler than mine. They wanted to give you back a feature Sony illegally stole, Linux on your PS3. It's shameful on Sony's part that they are being sued at all. If you have a problem with pirates, sue them, don't sue people who point out your shortcomings.

Why should I care about your personal legal troubles?
You shouldn't. For example, if I was taken to court for sex crimes in Sweden, I would never ask for donations. But this case isn't about me. Clearly I am not being sued because of something I have that Sony wants, I am being sued in order to send a message that Sony is not to be messed with. But if I(and all codefendants likewise) actually win this, we have the power to send a much stronger message back. That consumers have rights, and we aren't afraid to stand up for them.

Why should I trust you? I just saw you trying to rap battle Sony
My attempts at humor aside, I do take this whole matter very seriously. Again, it's not about me, I was on the verge of quitting this stuff last June, and I would hate to be the one who sets a reputation for hackers that all a company has to do is sue us and we back down. In fact, I want the opposite reputation set, that the more a company tries to abuse the legal system, the harder we rally back. I will be the first person in line on the launch date of the Xperia Play, and itching to get my hands on the Next GEOHOT Project.

Why did you wait until now to set this up?
I didn't want to be trigger happy, and thought the suit might go away quickly. Also, I had to consult with my lawyers about how to do this. It's been over a month, and it looks like this is going to be a drawn out case. I am in this for the long haul. I am very serious ethically when I take donations, for all iPhone work I only accepted after the fact, here after the fact is too late. Now I am pot committed so to say.

How much should I donate?
Put it this way, Sony has 5 lawyers, I have 2. I'd like to level the playing field, and really get some hard hitters in there. I have already racked up over 10k in legal bills; donate whatever you feel like. Leftover donations at the end of all this will be donated to the EFF.

What if I want to donate more than I feel comfortable sending through PayPal?
I'm excited! Email me, we'll figure it out.

Why doesn't the EFF fund this?
Ask them. They have offered to provide some legal help though, which is much appreciated.

Donate to help you, you're the reason I can't play Modern Warfare now?
No, I'm not. Kakaroto explains this really well here. I have never played PS3 online ever. Frankly I'm amazed by the apparent ease with which these cheats were created, security 101, why is the security in the client anyway? I had no idea this would happen, and am in full support of the cheaters being permabanned from PSN.

I'm a poor college student, what can I do to help?
I feel you, don't worry. Spread the word. Let people know how you feel about what Sony is doing. Let Sony know how you feel about what Sony is doing.

What if SCEA tries to settle?
Lets just say, I want the settlement terms to include OtherOS on all PS3s and an apology on the PlayStation blog for ever removing it. It'd be good PR for Sony too, lord knows they could use it. I'm also willing to accept a trade, a legit path to homebrew for knowledge of how to stop new firmwares from being decrypted.

Why isn't SCEA trying to settle?
RAGE RAGE RAGE RAGE RAGE...THEY POINTED OUT OUR SECURITY FLAWS...IM SO MADDDDDDDD...WAHHHHHH

Check out the new blog
Old index page for archival purposes here

Contact Me
geohot ... gmail[/spoiler]

That is his web page asking for donations.
Please tell me where he is for sure going to win this case, because I've found "if I actually win this.." and other things such as that, but no "You are donating so I can get a guarantee win" or anything similar, like you say he keeps claiming.

Now, I skimmed through it, so correct me if I missed a giant paragraph where he spits out arrogance at how he is going to dominate Sony's legal teams. All I'm seeing is him saying that he needs money to go into court against Sony and that he needed to pay lawyer bills.
How about the point at which, when asked if he will ever settle with Sony, he categorically and arrogantly and, as it turns out, falsely states that he will not settle with Sony but on his terms which include that Sony "[restore] OtherOS on all PS3s and apolog[ize] on the PlayStation blog for ever removing it?" I'll bet $1,000,000 that the terms of his settlement with Sony say nothing of the sort. Legally, that make him a fraudster. But in my 'hood, we just call that "a fucking liar."
 

SenseOfTumour

New member
Jul 11, 2008
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Slightly to the side of the topic, but if Sony, MS, etc all want us to be just 'borrowing' the hardware we pay hundreds to take home and put under our TVs, then surely it's up to them to replace it when it breaks, as it's a rental agreement, not a purchase? Either we're buying it and it's ours, or it's still the property of the company and we're loaning it from them.

Maybe next gen we'll just hire a box for $20 a month to play the next wave of games on and just have a USB 3.0 hard drive to store saves, DLC and games on.
 

Baresark

New member
Dec 19, 2010
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JDKJ said:
Radeonx said:
JDKJ said:
snip
Radeonx said:
How about the point at which, when asked if he will ever settle with Sony, he categorically and arrogantly and, as it turns out, falsely states that he will not settle with Sony but on his terms which include that Sony "[restore] OtherOS on all PS3s and apolog[ize] on the PlayStation blog for ever removing it?" I'll bet $1,000,000 that the terms of his settlement with Sony say nothing of the sort.
How about the part where he didn't guarantee this? He said it's what he wanted, which is not a guarantee by any stretch of the imagination. He said that he would fight for that, but once again, didn't guarantee this. He stated again and again that this was about sending a message, which is the one thing he did guarantee, and I would say, message sent.

Though, I am compelled to agree that there is no way in HELL Sony agreed to what he was asking.
 

Veritasiness

New member
Feb 19, 2010
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How about the point at which, when asked if he will ever settle with Sony, he categorically and arrogantly and, as it turns out, falsely states that he will not settle with Sony but on his terms which include that Sony "[restore] OtherOS on all PS3s and apolog[ize] on the PlayStation blog for ever removing it?" I'll bet $1,000,000 that the terms of his settlement with Sony say nothing of the sort. Legally, that make him a fraudster. But in my 'hood, we just call that "a fucking liar."
How much money did you give him, anyway? Are you willing to spend that much on a legal case which will probably be thrown out on the grounds that nowhere on his site which I can see does it say explicitly what donations will be used for - it only implies with lots of rhetoric. Additionally, technically the court case was never solved either way in the American legal system; it was settled outside of court.

In other news: Successful troll is successful.
 

JDKJ

New member
Oct 23, 2010
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Baresark said:
JDKJ said:
Radeonx said:
JDKJ said:
snip
Radeonx said:
How about the point at which, when asked if he will ever settle with Sony, he categorically and arrogantly and, as it turns out, falsely states that he will not settle with Sony but on his terms which include that Sony "[restore] OtherOS on all PS3s and apolog[ize] on the PlayStation blog for ever removing it?" I'll bet $1,000,000 that the terms of his settlement with Sony say nothing of the sort.
How about the part where he didn't guarantee this? He said it's what he wanted, which is not a guarantee by any stretch of the imagination. He said that he would fight for that, but once again, didn't guarantee this. He stated again and again that this was about sending a message, which is the one thing he did guarantee, and I would say, message sent.

Though, I am compelled to agree that there is no way in HELL Sony agreed to what he was asking.
Well, he said he would only settle with Sony under terms X and Y and has, in fact and indeed, settled with Sony on terms that don't at all include terms X or Y. And there you have the false statement required by the elements of a claim for fraud in New Jersey. No?
 

JDKJ

New member
Oct 23, 2010
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Veritasiness said:
How about the point at which, when asked if he will ever settle with Sony, he categorically and arrogantly and, as it turns out, falsely states that he will not settle with Sony but on his terms which include that Sony "[restore] OtherOS on all PS3s and apolog[ize] on the PlayStation blog for ever removing it?" I'll bet $1,000,000 that the terms of his settlement with Sony say nothing of the sort. Legally, that make him a fraudster. But in my 'hood, we just call that "a fucking liar."
How much money did you give him, anyway? Are you willing to spend that much on a legal case which will probably be thrown out on the grounds that nowhere on his site which I can see does it say explicitly what donations will be used for - it only implies with lots of rhetoric. Additionally, technically the court case was never solved either way in the American legal system; it was settled outside of court.

In other news: Successful troll is successful.
I didn't give him not a red fucking cent. I'm a lot a things, but stupid ain't one of 'em.

And you are mistaken in your assertion that "the court case was settled outside of court." The settlement, in fact, puts to bed the matter of SCEA v. Hotz and, no doubt, a settlement stipulation signed by both parties will be entered with the Court. That's actually how court cases get settled.