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Sony looking to prove Geohot registered for PSN |
Listed in: PS3 Tags: Geohot, lawsuit, news, ps3 hack, Sony
As part of the legal action against George Hotz, Sony intends to show that the famed hacker has registered for a PSN account. Doing so would prove that Geohot has agreed to their terms of service, thereby giving them further evidence to pursue the case.
In their last round of court documents, Sony claimed that Geohot is subject to the PSN user agreement, pointing to the PSN account under the ID of "Geo1Hotz." Lacking evidence to prove its ownership, however, Sony concedes that George Hotz may not be the owner of the said account. They move on to speculate that the hacker probably has a different account out there under a different ID. "Even if Hotz is not the user registered as Geo1Hotz, he could be registered to use the network under another alias," they pointed out.
As of January 14th, Geohot is not under any restraining order, and if Sony wants to change that, they'll need better evidence than that.
[via PSJailbreak]
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Since Sony can't even nail down who a PSN account belongs to then there is no way to even nail down the EULA. Seems to me breach of contract doesn't even apply here as you have no proof of "signature".
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SONY.... FAILED!!!! (for now)
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And plus, its not like Sony is trying to throw him in jail, they are trying to either charge him and make him take down all his hacks and stuffs.
Its perfectly acceptable from Sony, because everyone here will either rent, borrow or download PS3 games instead of buying them...and dont give me that "oh I want to back it up" bullcrap cause thats a lie.
I hope Sony wins.
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Example, Prenuptial Agreements. If a man makes a woman sign one because he has tons of money and she has nothing and it states in a divorce she is only entitled to half his money IF she does NOT cheat on him and she does NOT initiate the divorce. If she does either of those then she BREAKS the contract and during a divorce she gets nothing.
She DOES NOT go to jail.
It is NOT a crime to break a contract. So no that is NOT how laws work in any country.
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B.)Seek Damages relating to the violation (but they have to prove him directly responsible for the damages.)
C.)Ban him from PSN (the "Standard" action on a breach of an EULA contract AKA cheating and the like.)
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Pwned ya!
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Sony Legal is just a bunch of creeps.
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But they fail to mention, he never asked for any gain from said "call". Maybe he wants to help for free for the learning experience of working with new encryption technology.
BTW, the Cyber-squatting was case referenced not anything they accused him of.
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Any jackass in the world can make a psn account as George Hotz and have a user name geohotz in some combination, hell I made a second account with a fake name and it worked fine.
One of the above posters is right a term of service contract is not a legal binding contract it more like a if we fuck up we're on our own and if sony fucks up tough shit we're on our own
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"ordinary mortals"...seriously...
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they didnt get to be a multi billion dollar company by being stupid, they got plenty of money to hire the best lawyers, they know what they are doing
you guys sound like your in middle school
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And last time I checked, they didn't give false promises and remove features back in the days of the original PlayStation, or the PS2.
Their sound systems are amazing. Their gaming systems back in the day were great.
But the only reason we might seem like we're in middle school about this is because those bastards took out goddamn lunch money.
But what about team FailOverflow? Does anyone care about them anymore?
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First thing first; Sony is not a law firm. They don't know jack shit about the law, because they don't need to. That's what they have lawyers for. Unfortunately for them, the lawyers work for money, so they have no reason to turn down a case that Sony is willing to chase because that would be stupid on behalf of the law firm. There's your first mistake. It doesn't matter how good your lawyers are if you have a shitty case.
Secondly, proving that Hotz registered a PSN account will prove nothing other than he breached the terms of the End User License Agreement, which is not enough to prosecute him, so there's no way this will lead to jail time for Hotz. He might be sued penniless and left unable to pay the fees, leaving Sony at a total financial loss in the unlikely event they win, but it isn't his freedom at stake here.
Third, and lastly, how the hell can you defend the intelligence of a company who inadvertantly but predictably directed a shit load of media attention towards the security flaws in the system? Seriously. Hotz has appeared on TV interviews, he's had articles written about him on the BBC and lord knows what else. Millions who otherwise wouldn't have known about the hacks now do.
On top of that, you seem to be forgetting where all this started; Sony failed to get a simple fucking random number generator right, which rendered a nearly perfect multi-million pound security system completely useless. You talked about middle school, so I take it you've made it past middle school, right? Well, watch fail0verflow's demonstration and explanation of how they calculated the keys, then come back and tell me Sony must be right because they're big and clever.
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2. If he did accept the EULA on a system he was hacking, they have no way of proving he was under the EULA while hacking the PS3. If he refused to update when they release a new update he didn't accept the new EULA so can't really be held accountable if he breaks the old one?
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He might have an unhacked console just for PSN then a few other hacked consoles thats never been online.
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I think that its only fair that anyone involved in this on the SONY side should befall an unfortunate accident....!
It happens all the time!
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