Settlement in George Hotz Case

['Pranay]

Joint Statement

 

Sony Computer Entertainment America (“SCEA”) and George Hotz (“Hotz”) today announced the settlement of the lawsuit filed by SCEA against Hotz in federal court in San Francisco, California. The parties reached an agreement in principle on March 31, 2011. As part of the settlement, Hotz consented to a permanent injunction.

 

Both parties expressed satisfaction that litigation had been quickly resolved. “Sony is glad to put this litigation behind us,” said Riley Russell, General Counsel for SCEA. “Our motivation for bringing this litigation was to protect our intellectual property and our consumers. We believe this settlement and the permanent injunction achieve this goal.”

 

“It was never my intention to cause any users trouble or to make piracy easier,” said Hotz, I’m happy to have the litigation behind me.” Hotz was not involved in the recent attacks on Sony’s internet services and websites.

 

In the action, SCEA accused Hotz of violating federal law by posting online information about the security system in the PlayStation 3 videogame console and software that SCEA claimed could be used to circumvent the security system in the console and allow the playing of pirated videogames. Hotz denies any wrongdoing on his part. Hotz’s motion to dismiss for lack of personal jurisdiction was still pending before the federal court in San Francisco but a preliminary injunction was issued requiring Hotz to take down the postings challenged by SCEA.

 

“We want our consumers to be able to enjoy our devices and products in a safe and fun environment and we want to protect the hard work of the talented engineers, artists, musicians and game designers who make PlayStation games and support the PlayStation Network,” added Russell. “We appreciate Mr. Hotz’s willingness to address the legal issues involved in this case and work with us to quickly bring this matter to an early resolution.”

 

http://blog.us.playstation.com/2011/...rge-hotz-case/

[sameuun]

....... ..... ... ... . . .

[Solitaire]

I read this an hour ago but I still don't get what they really agreed upon. :/

[HundredProofSam]

Well, I didn't see this coming. :|

[Solitaire]

Well, I didn't see this coming. :|

 

yeah, for all the posturing that Geohot was doing , what with his ©rap video and stuff, I expected him to go down in flames and take sony with him

 

 

They don't say quite what the injunction was about. Did they agree that he'll never touch a PS3 again? Or that he won't code? Or that he'll turn in his PC and PS3 and his balls in a plastic cover too to Sony?

[playstation]

I read this an hour ago but I still don't get what they really agreed upon. :/

 

 

Well, I didn't see this coming. :|

 

 

yeah, for all the posturing that Geohot was doing , what with his ©rap video and stuff, I expected him to go down in flames and take sony with him

 

 

They don't say quite what the injunction was about. Did they agree that he'll never touch a PS3 again? Or that he won't code? Or that he'll turn in his PC and PS3 and his balls in a plastic cover too to Sony?

I think that new thread from hackers may have scarred sony......

[Buzz]

I know what happened. Hotz got a job in Sony

[Karooo]

yeah, for all the posturing that Geohot was doing , what with his ©rap video and stuff, I expected him to go down in flames and take sony with him

 

 

They don't say quite what the injunction was about. Did they agree that he'll never touch a PS3 again? Or that he won't code? Or that he'll turn in his PC and PS3 and his balls in a plastic cover too to Sony?

 

The injunction is out at psx-scene. Basically he got raped.

[CarbonCore]

I know what happened. Hotz got a job in Sony

Yeah they probably hired him to defend against amateur hacker groups like Anonymous, seeing how incompetent Sony's own engineers are when it comes to PSN and PS3/PSp security.

[The JACKAL]

Yeah they probably hired him to defend against amateur hacker groups like Anonymous, seeing how incompetent Sony's own engineers are when it comes to PSN and PS3/PSp security.

But... arent these 'anonymous' group doing that to avenge hotz. Ahh the bitter irony

[Buzz]

Here is the order:

 

IT IS HEREBY ORDERED AND ADJUDGED by consent of the Parties that Hotz,

whether as an individual or as a principal, officer, director or employee of any business

entity, and his agents, servants, employees, distributors, suppliers, representatives and all

other persons or entities acting in concert or participation with Hotz who receive notice of

this Judgment, shall be and hereby are permanently enjoined and restrained from:

A. Engaging in any unauthorized access to any SONY PRODUCT under the

law;

B. Engaging in any unauthorized access to any SONY PRODUCT under the

terms of any SCEA or SCEA AFFILIATES' license agreement or terms of use

applicable to that SONY PRODUCT, whether or not Hotz has accepted such

agreement or terms of use, including without limitation:

(i) reverse engineering, decompiling, or disassembling any portion of the Sony Product;

(ii) using any tools to bypass, disable, or circumvent any encryption,security, or authentication mechanism in the Sony Product;

(iii) using any hardware or softare to cause the Sony Product to accept or use unauthorized, illegal or pirated softare or hardware; and

(iv) exploiting any Sony Product to design, develop, update or distribute unauthorized softare or hardware for use with the Sony Product.

If any term of such SCEA or SCEA Affilates' license agreement or terms of

use applicable to that Sony Product shall be determined by Congress or by a

court of law in a final non-appealable decision in an action to which SCEA or

an SCEA Affiliate is a party to be illegal and unenforceable, then such term

shall not be binding on Hotz.

 

C. CIRCUMVENTING any of the TPMs or security in any SONY PRODUCT;

D. TRAFFICKING in any technology, product, service, device, component, or

part thereof that, at the time of Hotz's trafficking, circumvents any of the

TPMs or security in any SONY PRODUCT, including but not limited to the

Ellptical Curve Signature Algorithm ("ECDSA") Keys, encryption andlor

decryption keys, dePKG firmware decrypter program, Signing Tools, 3.55

Firmware Jailbreak, andlor any other technologies that enable unauthorized

access to andlor copying of the PS3 System andlor enable compatibility of

unauthorized copies of other copyrighted works with the PS3 System.

E. Distributing or posting any SCEA or SCEA Affiliates' confidential or

proprietary information relating to any SONY PRODUCT;

F. Knowingly assisting or inducing others to engage in any of the conduct set

forth in A-E above solely directed at any SONY PRODUCT or that otherwise

constitutes contributory liabilty under the law.

 

IT IS FURTHER ORDERED AND ADJUDGED that any violation of this Injunction

and Order by Hotz shall result in his payment of stipulated liquidated damages in the

amount of ten thousand dollars ($10,000) per violation at the election of SCEA or SCEA's

Affiliates. In the event that the violation involves distribution or TRAFFICKING by Hotz of

softare, hardware, or any CIRCUMVENTION DEVICE, or knowingly assisting the same,

each distribution of said softare (including downloads via the Internet), hardware, or

CIRCUMVENTION DEVICE shall.constitute an independent violation, up to a cap of two

hundred and fifty thousand dollars ($250,000). Such liquidated damages shall be an

optional alternative to demonstrating actual or, if relevant, statutory damages.

IT IS FURTHER ORDERED AND ADJUDGED that any action or proceeding (other

than a declaratory judgment action) that may be brought by SCEA or SCEA Affilates

against Hotz arising out of, in connection with or by reason of the Parties' Settlement

Agreement or this Judgment or to enforce the terms and conditions of the Parties'

Settlement Agreement or this Judgment, shall be brought in the United States District

Court for the Northern District of California. The Parties further agree that any action or

proceeding (other than a declaratory judgment action) that may be brought by Hotz against

SCEA arising out of, in connection with or by reason of the Parties' Settlement Agreement

or this Judgment or to enforce the terms and conditions of the Parties' Settlement

Agreement or this Judgment, shall be brought in the United States District Court for the

District of New Jersey or the state in the United States of Hotz's current permanent

residence. The Parties agree to waive any venue or jurisdictional challenges consistent

with this paragraph. The Parties further agree that the laws of the state of California shall

govern to the exclusion of the law of any other forum in any action or proceeding brought

by any party arising out of, in connection with or by reason of the Parties' Settlement

Agreement or this Judgment or to enforce the terms and conditions of the Parties'

Settlement Agreement or this Judgment.

IT IS FURTHER ORDERED AND ADJUDGED that entry of this Judgment shall

conclude this action to the prejudice of any and all claims or cross-claims deemed merged

and barred in accordance with the law.

The undersigned hereby stipulate to the above facts and conclusions and consent

to the entry of this Judgment, which may be signed in counterparts. Signatures can be

obtained and exchanged by facsimile.

 

Yes he got raped

[HundredProofSam]

^ You bolded the wrong part. Points A to F is where he got raped.

[CarbonCore]

Sony has better lawyers than Apple, confirmed. Its funny that you can do whatever you want with your cellphones but not your console. Stupid americans

[Buzz]

Yeah my bad I didn't go through the wall of text myself

[Solitaire]

Yeah, actually it's a bit sad that you can't jailbreak your console when you can your phone. Maybe the Librarian of Congress will have another brainwave.

 

Jailbreaking does have some really awesome uses though. That Showtime media player you can install on a jailbroken PS3 circumvents that f**king annoying Cinavia DRM which is popping up more and more lately and lets you play HD MKV files even. Pretty much has a go at anything FFMpeg can handle.

[VelivolusDas]

And Hotz agreed to all this......???? :O

[Right]

sh*t, bitch settled.

Hotz aren't gonna work with Sony or anything, posted on his blog:

As of 4/11/11, I am joining the SONY boycott. I will never purchase another SONY product.

 

I encourage you to do the same.

 

There is much more to come on this blog.

[silentassassin]

[Aftrunner]

How exactly did he get raped? All I am seeing here is that he isnt allowed to hack or crack Sony products publicly. Thats it. Basically a fairly timid "Please dont do that again or we will fine you" result.

 

The amount of free publicity alone he got out of it makes that more than worthwhile.

[CM Sunny]

sh*t, bitch settled.

Hotz aren't gonna work with Sony or anything, posted on his blog:

koi bechare ko lube ki life time supply de do