After publishing the PS3 root keys publicly, Geohot released his first jailbreak for PS 3 firmware 3.55. Though he specifically wrote on his website that he doesn’t condone piracy and disabled peek and poke features, yet he has been sued for jailbreaking PS3.
The lawsuit is filed against George Hotz (geohot), “Bushing,” Hector Cantero, Sven Peter and “Segher” for bypassing effective technology protection measures employed by Sony.
Defendants George Hotz, “Bushing,” Hector Cantero, Sven Peter and “Segher” (collectively, “Defendants”) are computer hackers.1 Working individually and in concert with one another, Defendants recently bypassed effective technological protection measures (“TPMs”) employed by plaintiff Sony Computer Entertainment America LLP (“SCEA”) in its proprietary PlayStation®3 computer entertainment system (“PS3 System”). Through the Internet, Defendants are distributing software, tools and instructions (collectively, “Circumvention Devices”) that circumvent the TPMs in the PS3 System and facilitate the counterfeiting of video games. Already, pirated video games are being packaged and distributed with these circumvention devices. Declaration of Ryan T. Bricker In Support of Ex Parte Motion for Temporary Restraining Order And Order To Show Cause Re Preliminary Injunction; Order for Impoundment (“Bricker Decl.”) ¶2, Exh. A. Pursuant to Federal Rule of Civil Procedure 65 and Local Rules 65-1 and 7-10, SCEA moves ex parte to put an immediate halt to the ongoing distribution of these illegal Circumvention Devices and avoid irreparable harm to SCEA and to other video game software developers stemming from video game piracy.
Defendants’ Circumvention Devices allow users to circumvent multiple TPMs in the PS3 System – including access control, encryption and digital signature protections – to enable use or playing of illegal copies of PlayStation®3 video games on the PS3 System.
Geohot has removed the root keys and other softwares helpful in PS3 jailbreak from his website until the decision is made in the favour of him and other hackers.
Hopefully the courts will use the same logic that Library of Congress Copyright Office used when ruling that iPhone jailbreaking was legal. “When one jailbreaks a smartphone in order to make the operating system on that phone interoperable with an independently created application that has not been approved by the maker of the smartphone or the maker of its operating system, the modifications that are made purely for the purpose of such interoperability are fair uses.”
The complete legal papaers can be found at http://geohot.com/.