The PlayStation 3 is currently the Wild West. The system’s master key has been published online, custom firmware allowing the use of pirated games and custom software is easy to find, and Sony is not at all pleased with this turn of events. The company is asking the courts for a temporary restraining order to get the infringing keys and software offline, and is targeting George Hotz, the FAIL0VERFLOW group, and 100 unnamed John or Jane Does.
No money is being asked for; Sony just wants everyone to stop telling the world how to hack its system.
The court documents lay out the case simply. “The FAIL0VERFLOW Defendants intentionally circumvented SCEA’s [security], accessed the PS3 System and trafficked in Circumvention Devices and SCEA’s proprietary information, with full knowledge that their unlawful conduct would irreparably harm SCEA,” Sony alleges. “Indeed, five days prior to appearing at the Chaos Conference, Bushing echoed a fellow hacker’s comment anticipating this irreparable harm: ‘Last chance to sell any Sony stock you may have.'”
Sony isn’t looking for money, simply injunctive relief. This temporary restraining order’s only job is to get the information off the Web, right now (good luck with that). “The lack of injunctive relief will… result in the loss of goodwill to licensees, encourage infringers to increase operations, and discourage anti-piracy enforcement which is great and irreparable harm,” Sony states.
The consumer electronics giant is using a clause in the user agreement to justify suing a Hungarian and a Spaniard in the great state of California. That clause says that if you download even a single update from the PlayStation Network, you have given your consent to be sued in California.
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