Sony Breaks Out the Lawyers Over PS3 Hacks

[hyperdrachen]

My guess, sony has no legal leg to stand on. Intends to scare cooperation out of the groups with dudes in suites.

 

[Mechsoap]

When i readt the title the first thing i taught of was ''Release the hounds!!!'' followed by the earth trembling with thousands of lawyers.

 

[Diserasta]

In actuality, the fact that Sony is suing riles me up, but what really pisses me off is that I know they can get away with it and win the lawsuit. Sony wants to play rough, I'm game. I'd love to go help those nice people at fail0verflow's side.

The case only looks solid if you don't look too closely. Neither fail0verflow nor GeoHot have ever asked or accepted any kind of money for their work, not even donations. A lot (most?) of the hackers don't live in the USA, and despite what the PSN Terms of Service state, I doubt anyone can be sued under the USA jurisdiction if they bought and used the product in another country. And that's assuming the hackers have even signed up for PSN (thus agreeing to the terms), which is not likely.

And, since none of them have ever endorsed piracy, and never even released the secret Sony encryption keys (they did, however, point out the vulnerability, which others then used to find the keys) that are the the root of the piracy problem, I foresee a lot of problems for Sony on this one.

God I don't know what Sony were thinking when they hired expensive lawyers they should have just asked some guy off an internet forum. They not stupid and they aren't going to waste large amounts of money on a case that they don't stand a chance of wining. Just because someone publicly didn't profit from illegal behaviour that doesn't mean they didn't privately do so. After all most criminals don't publish their illegal actions online.

That was uncalled for. He has a fine point there. This case is kinda flimsy, but you are right in your premise. Sadly the fact is the law supports it, no matter how much you try to say it's been twisted or it's not right, that's the law.

 

[harvz]

ok, im glad that geohot worked on this and got it, he may have been in the wrong for this but sony has been too.
the limitations of the ps3 is one of the reasons i only own a 360 and am developing for it. maybe sony will be more open minded next time.

oh and yay buttons

 

[Delusibeta]

I can't help but imagine that this lawsuit will probably fall flat on its face.

 

[deltabrain]

To all those that argue "I bought it I should be able to do what I want with it" I have a question for you. If I hacked my console/game in order to cheat online why should I be punished for it? After all it is my game, my console so why can't I just hack it in order to give myself an edge online.

 

[sunburst]

snip

God I don't know what Sony were thinking when they hired expensive lawyers they should have just asked some guy off an internet forum. They not stupid and they aren't going to waste large amounts of money on a case that they don't stand a chance of wining. Just because someone publicly didn't profit from illegal behaviour that doesn't mean they didn't privately do so. After all most criminals don't publish their illegal actions online.

So whoever has the high-paid lawyers is always right? I know that's how the legal system often sees it but I'm amazed it's public opinion now.

To all those that argue "I bought it I should be able to do what I want with it" I have a question for you. If I hacked my console/game in order to cheat online why should I be punished for it? After all it is my game, my console so why can't I just hack it in order to give myself an edge online.

Cheaters should be banned from participating in the online services offered. And that's what happens. They shouldn't be sued.

 

[Artorius]

OT:It was expected but not this soon xD..
---
Off Topic...
more on the PS3 Piracy Scene

Spoiler

Today JoyStiq
speculates that based on both a http://www.neogaf.com/forum/showpost.php?p=25339844&postcount=1029 by Mr_Brit and a http://www.eurogamer.net/articles/digitalfoundry-in-theory-psn-jailbreaking report Sony may be planning to remotely disable JailBroken PS3 consoles essentially banning them from PSN.

To quote: "Even if you've never signed up for a PSN account, your console will communicate with Sony servers every time it boots up.

That initial load process is used to upload error logs, download updates to the "What's New" module, and a list of recently-run applications, including any unauthorized backup manager software.

Sony has yet to ban any consoles for taking advantage of the jailbreak, but the terms and conditions of the PlayStation Network make it clear that Sony has the authority to carry them out.

Thanks to the system's constant self-reporting feature, "the company even has the means to irrevocably disable your console should it so wish," rendering affected PS3 consoles unusable, online and off. But will Sony ever use such a drastic measure? And if so, how will the hacker scene retaliate?"

From NeoGAF, to quote: "On boot the system contacts the server and uploads the play list etc. this list alone is enough to get anyone that goes online banned as it shows the bootmanger etc. has been running. Here is the list and what they do, I port sniffed this a while ago before I went online with a retail unit >.> because I am not stupid hehe.

Code:
fus01.ps3.update.playstation.net > Update Server (sys updates)
mercury.dl.playstation.net > What's new ads
nsx.np.dl.playstation.net > playstation store preview
nsx-e.np.dl.playstation.net > ads
(main file exchange connections)
us.np.stun.playstation.net > on boot initiates connection
ena.net.playstation.net > SSLv3 connection after above connection
dus01.ps3.update.playstation.net > secondary update attempt (could force updates)
auth.np.ac.playstation.net > SSLv3 authentication server
(destination servers)
service.playstation.net (has multiple IPs if only the ip address is blocked)
(Error Reporting)
creepo.ww.hl.playstation.net (uploads crash reports etc.)

Almost all connections cannot just be port blocked, the port will continue to increment until it connects, you have to block the entire domains. Also a big point is that ALL computers on your network need to have these blocked not just the PS3's MAC because if you are running a proxy for example to get patches, the computer you proxy to will just allow the connections right out to the open unless all local IPs are blocked from these sites as well.

Surprising absolutely noone it looks like Sony are detecting homebrew applications meaning that everyone who went on PSN with a jailbroken console can expect to be banned eventually. This is definitely not the only way that Sony can detect jailbroken systems so we'll never truly ever know if it's going to be safe to go online. That ban may come tommorow or it may come in 6 months time but it will almost certainly eventually come."

 

[ImprovizoR]

There is nothing they can do. Nothing at all. In the end hackers always win. I'm so glad this happened because of all that "piracy killed PC gaming" bullshit. Now every system is hackable.

 

[Centrophy]

To all those that argue "I bought it I should be able to do what I want with it" I have a question for you. If I hacked my console/game in order to cheat online why should I be punished for it? After all it is my game, my console so why can't I just hack it in order to give myself an edge online.

It should be legal. But remember the online portions of a game are not really yours. You aren't running the server. If the guys running the server (Sony) want to ban you then it's on them and they have every right.

 

[Dioxide20]

Sony's executives realized they jumped the gun when they said that they could release Firmware updates to fix this in their recent press conferences. After actually speaking to their technical people, they realized that all is lost and all that's left is to sue for damages.

I got a PS3 Slim for Christmas and was disappointed that I couldn't install OtherOS. I did know that going in, but I wasn't about to spend an extra 300$ for a used original PS3.

 

[Irridium]

Sony, you brought all this on yourselves when you removed the "Other OS" option.

Its funny, you say the other OS posed a major security risk, you remove it, then the hackers hack the PS3 because you removed it.

 

[Artorius]

I don't like what Failoverflow are during since it helps piracy, but I hate that you are not legally able to do it. Whatever you want to do with a product that is legally bought, should not be up to other the decide.

But you need to realize that in current age EULA,that we don't buy the product.
we are just leasing it for an indefinite time.

ie they can do whatever they want whenever they want

So much for consumer is king motto xD..

 

[bladester1]

Until Sony fixes the security problems with the console - which it claims it is able to do [http://www.escapistmagazine.com/news/view/106718-Sony-Claims-It-Can-Fix-PS3-Security-Problems] - it's going to have a piracy problem on its hands, and lawsuits aren't going to stop it.

To me this says that they cannot fix it.

 

[Shirokurou]

Go get them, Sony.

 

[Rednog]

I'm starting to hate what EULAs have become, I don't understand in what legal ideology someone thinks up, oh it's fair that as someone opens the box of the product they automatically agree to any and all stipulations we decide to throw at them. And you don't even have a chance to say know, maybe I'm wrong but I think if you walked into a best buy with a ps3 you just bought and asked to return it and they asked why and you told them you don't agree with the EULA, they probably wouldn't take it back.

 

[Croaker42]

Overall this tells us that hurting a giants pride is not a good way to become gainfully employed. (Well atleast by that giant)
IMO this is a massive over-reaction on Sonys part. I think the fact that they are acting in a reactionary way instead of a well thought out or creative way, means they will always be on the lossing side of this "battle".

Well..... thats what I think anyway.

 

[razer17]

Well, surely it's pretty similar to the iPhone jailbreak? The defence, I imagine, will make that point, and if the judge accepts it Sony will lose.