Sony Computer Entertainment America v. George Hotz
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''SCEA v. Hotz'' was a lawsuit in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
by
Sony Computer Entertainment of America Sony Interactive Entertainment (SIE), formerly known as Sony Computer Entertainment (SCE), is a multinational video game and digital entertainment company wholly owned by multinational conglomerate Sony. The SIE Group is made up of two legal co ...
against George Hotz and associates of the group fail0verflow. It was in regards to jailbreaking and
reverse engineering Reverse engineering (also known as backwards engineering or back engineering) is a process or method through which one attempts to understand through deductive reasoning how a previously made device, process, system, or piece of software accompli ...
the
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.


Timeline

On January 11, 2011, Sony sued George Hotz and fail0verflow members
Hector Martin Hector Martin (26 December 1898–9 August 1972) was a Belgian road racing cyclist, professional from 1925 to 1935. In 1924 he won the "Tour of Flanders for Independents" and the Belgian championship cycling for independents . From 1925 to ...
and Sven Peter on 8 claims, including violation of the Digital Millennium Copyright Act, computer fraud, and copyright infringement.Sony follows up, officially sues Geohot and fail0verflow over PS3 jailbreak
Nilay Patel, Engadget (2011-01-12). Retrieved on 2011-02-16.
The law firm used by Sony was
Kilpatrick Townsend & Stockton Kilpatrick Townsend & Stockton is an international law firm headquartered in Atlanta, Georgia. The firm has nineteen offices, including U.S. offices in California, Colorado, North Carolina, New York, Texas, Washington State, and the District of ...
LLP.Lawyers
CahnGillilandSmithGaudreau
an
Bricker
/ref> In response to the suit,
Carnegie Mellon University Carnegie Mellon University (CMU) is a private research university in Pittsburgh, Pennsylvania. One of its predecessors was established in 1900 by Andrew Carnegie as the Carnegie Technical Schools; it became the Carnegie Institute of Technology ...
professor
David S. Touretzky David S. Touretzky is a research professor in the Computer Science Department and the Center for the Neural Basis of Cognition at Carnegie Mellon University. He received a BA in Computer Science at Rutgers University in 1978, and earned a master's ...
mirrored Hotz's writings and issued a statement supporting that Hotz's publication is within his right to free speech. On January 27, 2011, Sony's request for a temporary restraining order (TRO) was granted by the US District Court for the Northern District of California. This forbade him from distributing the jailbreak, helping or encouraging others to jailbreak, and distributing information they've learned during the creation of the jailbreak. It also ordered him to turn over computers and storage media used in the creation of the jailbreak to Sony's lawyers. Professor Touretzky's mirror was voluntarily censored following issue of the TRO, but Hotz's writings and software have been mirrored elsewhere. On February 12, 2011, Hotz posted a one-minute
diss track A diss track, diss record or diss song (diss – abbr. from ''disrespect'') is a song whose primary purpose is to verbally attack someone else, usually another artist. Diss tracks are often the result of an existing, escalating feud between the ...
against Sony on his official
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channel in relation to the lawsuit. On February 19, 2011, Hotz started a blog about the
Sony , commonly stylized as SONY, is a Japanese multinational conglomerate corporation headquartered in Minato, Tokyo, Japan. As a major technology company, it operates as one of the world's largest manufacturers of consumer and professional ...
lawsuit. On March 6, 2011, the court issued an approval that Sony's lawyers were allowed access to all the IP addresses of all the people who visited geohot's blog for the purposes of establishing jurisdiction. Sony said the server logs would demonstrate that many of those who downloaded Hotz's hack reside in Northern California — thus making San Francisco a proper venue for the case. On April 11, 2011, it was revealed that Hotz and Sony had reached a settlement out of court. This included a permanent injunction against Hotz doing any more hacking work on any Sony products to prevent any future firmware release from being decrypted. The claims (filed in
United States district court The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district, which each cover o ...
for Northern California, San Francisco) were: *Violating the Digital Millennium Copyright Act () *Violating the Computer Fraud and Abuse Act () * Contributory copyright infringement () *Violating
California Comprehensive Computer Data Access and Fraud Act The California Comprehensive Computer Data Access and Fraud Act is in §502 of the California Penal Code. According to the State Administrative Manual of California, the purposes is as follows: The Comprehensive Computer Data Access and Fraud Act ...
(§ 502) *
Breach of Contract Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party ...
(related to the
PlayStation Network PlayStation Network (PSN) is a digital media entertainment service provided by Sony Interactive Entertainment. Launched in November 2006, PSN was originally conceived for the PlayStation video game consoles, but soon extended to encompass smartp ...
User Agreement) *
Tortious interference Tortious interference, also known as intentional interference with contractual relations, in the common law of torts, occurs when one person intentionally damages someone else's contractual or business relationships with a third party, causing e ...
* Misappropriation *
Trespass Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding ...


Alleged Anonymous attacks in response to lawsuit

In an act of hacktivism,
Anonymous Anonymous may refer to: * Anonymity, the state of an individual's identity, or personally identifiable information, being publicly unknown ** Anonymous work, a work of art or literature that has an unnamed or unknown creator or author * Anonym ...
announced their intent to attack Sony websites in response to Sony's lawsuit and, specifically due to Sony's gaining access to the IP addresses of all the people who visited geohot's blog, terming it an 'offense against free speech and internet freedom'. Although Anonymous admitted responsibility to subsequent attacks on the Sony websites, much speculation has arisen concerning a sustained collapse of the PlayStation Network in April 2011. Anonymous has denied any involvement in the
PlayStation Network outage The 2011 PlayStation Network outage (sometimes referred to as the PSN Hack) was the result of an " external intrusion" on Sony's PlayStation Network and Qriocity services, in which personal details from approximately 77 million accounts were compr ...
. However, Sony announced on May 4, 2011, "We discovered that the intruders had planted a file on one of our Sony Online Entertainment servers named "Anonymous" with the words "We are Legion."


See also

*
Electronic Frontier Foundation The Electronic Frontier Foundation (EFF) is an international non-profit digital rights group based in San Francisco, California. The foundation was formed on 10 July 1990 by John Gilmore, John Perry Barlow and Mitch Kapor to promote Internet ci ...
* George Hotz * Groklaw *
Illegal number An illegal number is a number that represents information which is illegal to possess, utter, propagate, or otherwise transmit in some legal jurisdiction. Any piece of digital information is representable as a number; consequently, if communicat ...
*
Strategic lawsuit against public participation Strategic lawsuits against public participation (also known as SLAPP suits or intimidation lawsuits), or strategic litigation against public participation, are lawsuits intended to censor, intimidate, and silence critics by burdening them with t ...
* Forum shopping


References


External links

*{{Cite Pacer Docket , plaintiff = SCEA , defendant = Hotz , date = Jan 11, 2011 , case-division = 3 , case-year = 2011 , case-type = cv , case-sequence = 00167 , case-state = ca , case-district = nd , pacer-number = 235965 , access-date = Jul 23, 2017 , use-pacer = no , use-recap = yes , case-title = Sony Computer Entertainment America LLC v. Hotz et. al. *http://www.groklaw.net/staticpages/index.php?page=SonyHotz *http://community.us.playstation.com/t5/PlayStation-Network-Support/Questions-About-End-User-Safety-Concerning-New-Exploit/m-p/38690337 *https://blog.playstation.com/2011/04/11/settlement-in-george-hotz-case/ American bloggers Sony litigation Digital Millennium Copyright Act case law 2011 in United States case law Video game controversies United States District Court for the Northern District of California cases