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Sony is Denied A Rush on the Case, but What about Google & Twitter? (Update – Feb 20)

My Safety Sign (mysafetysign.com)

It’s been only 2 days since I last wrote about Sony (and practically the only thing at that matter) having a rampage on poor innocent-hackery-type-who-like-to-get-the-best-out-of-their-hardware fiasco. In that short amount of time, Sony has been denied to shorten the time, and will not be heard today (Feb 9.).

On the other hand, what does this mean for the other companies that Sony is harassing? Will they have enough time to get all this information together?–I know they will, and can – As it only takes probably just a few minutes to do a quick search on the IPs/Usernames that are at-hand. Or will they decide to go against Sony’s wishes and deny them the access to their database of said users.

I think the companies should fight it

Now let’s think a little clearly here. Sony has already went after Hotz. Sony has already established with the rest of the world that they do not tolerate people exposing the PlayStation – Should they also be allowed to bring other people into the war? Isn’t this beef between Hotz, and a few other people? Why does other companies have to be brought into this?

Sony should’ve waited until they had the proper information to try to pin Hotz into the corner. Now, they’re just basically wasting the man’s time, and everyone else’s while they try to hurry up, or slow down, and collect information. As before I pointed out that they are trying to sue someone that cannot commute to California on a regular basis in the first place.

Though, the next date, March 11 is when we will hear more about this information .. If not any sooner.

Hotz will Still be trying to Can it

Nor do I blame him. It’s a wobbly case as it is. What is it going to prove after this happens? Nothing? “Don’t mess with my hardware/software!” Or .. what we all know what will happen: More PlayStation exposure will continue to happen, just as with anything else.


SonyvHotz-61 http://d1.scribdassets.com/ScribdViewer.swf

(via Groklaw)


Update February 20th, 2011

There’s been some changes in the case, a few days ago. Though I wasn’t up-to-date on it, I’m making note of it now.

They’ve decided that it will no longer be Sony getting their hands on Hotz’ information. Instead a third-party will be going through the files to find evidence, if any, or remove, etc.

I’m not so over-worked now. I was against a company coming in and propping their hands up on someone else’s hardware.

From Groklaw:

PRELIMINARY INJUNCTION
IT IS HEREBY ORDERED that Defendant Hotz and his officers, employees, attorneys and representatives, and all other persons or entities in privity or acting in concert or participation with Defendant Hotz, be enjoined from:
1. Offering to the public, posting online, marketing, advertising, promoting, installing, distributing, providing, or otherwise trafficking in any circumvention technology, products, services, methods, codes, software tools, devices, components or part thereof, including but not limited to the Elliptic Curve Digital Signature Algorithm (“ECDSA”) Keys, encryption and/or decryption keys, dePKG firmware decrypter program, Signing Tools, 3.55 Firmware Jailbreak, root keys, and/or any other technologies that enable unauthorized access to and/or copying of the PS3 System and/or enable compatibility of unauthorized copies of other copyrighted works with the PS3 System (hereinafter, “Circumvention Devices”).
2. Providing links from any website to any other website selling, offering for sale, marketing, advertising, promoting, installing, importing, exporting, offering to the public, distributing, providing, posting, or otherwise trafficking in any Circumvention Devices.
3. Engaging in acts of circumvention of TPMs in the PS3 System to access, obtain, remove, or traffic in copyrighted works.
4. Engaging in unauthorized access to the PS3 System or the PlayStation 2 Network (“PSN”) in order to obtain, access, or transmit any program, code, information or command therein.
5. Publishing, posting, or distributing any information, code, program, instructions, video, or other material obtained by circumventing TPMs in the PS3 System or by engaging in unauthorized access to the PS3 System or the PSN.
6. Assisting, facilitating or encouraging others to engage in the conduct set forth above in 1-5.
IT IS FURTHER ORDERED that Defendant Hotz, his officers, employees, attorneys or representatives, and any and all other persons acting in concert or participation with Defendant Hotz, with notice of this Order, shall preserve, and not destroy, erase, delete, dispose of, or alter any documents or records, in whatever format, including electronic documents, computer files, computer discs and drives, that relate to, reflect, record, or contain any information regarding the manufacture, distribution, promotion, marketing, advertising, purchase, sale, offer to sell, trafficking, import, export, installation, payment, storage, and/or shipment of any and all of the Circumvention Devices, or any communications with any party concerning the manufacture, distribution, promotion, marketing, advertising, purchase, sale, offer to sell, trafficking, import, export, installation payment, storage, and/or shipment of any and all of the Circumvention Devices.
IT IS FURTHER ORDERED that Defendant Hotz is required to deliver his computers, hard drives, CD-roms, DVDs, USB sticks, and any other storage devices on which any Circumvention Devices are stored (but not his Sony PS3 consoles) to a third party neutral selected by the parties for the purpose of isolating, segregating and/or removing the information on those devices related to Defendant Hotz’s circumvention of the TPMs in the PS3 System. Defendant Hotz’s devices shall be promptly returned to him after the information has been segregated and removed from those devices. The logistics and protocol for this impoundment shall be worked out by the parties with Magistrate Judge Spero.
IT IS FURTHER ORDERED that the $10,000.00 posted by SCEA on January 27, 2011 as security for the Court’s issuance of the Temporary Restraining Order shall suffice for this Preliminary Injunction.
IT IS FURTHER ORDERED that this Preliminary Injunction shall remain in effect during the pendency of this case unless otherwise stipulated to by the parties or ordered by the Court.

PRELIMINARY INJUNCTIONIT IS HEREBY ORDERED that Defendant Hotz and his officers, employees, attorneys and representatives, and all other persons or entities in privity or acting in concert or participation with Defendant Hotz, be enjoined from:
1. Offering to the public, posting online, marketing, advertising, promoting, installing, distributing, providing, or otherwise trafficking in any circumvention technology, products, services, methods, codes, software tools, devices, components or part thereof, including but not limited to the Elliptic Curve Digital Signature Algorithm (“ECDSA”) Keys, encryption and/or decryption keys, dePKG firmware decrypter program, Signing Tools, 3.55 Firmware Jailbreak, root keys, and/or any other technologies that enable unauthorized access to and/or copying of the PS3 System and/or enable compatibility of unauthorized copies of other copyrighted works with the PS3 System (hereinafter, “Circumvention Devices”).
2. Providing links from any website to any other website selling, offering for sale, marketing, advertising, promoting, installing, importing, exporting, offering to the public, distributing, providing, posting, or otherwise trafficking in any Circumvention Devices.
3. Engaging in acts of circumvention of TPMs in the PS3 System to access, obtain, remove, or traffic in copyrighted works.
4. Engaging in unauthorized access to the PS3 System or the PlayStation 2 Network (“PSN”) in order to obtain, access, or transmit any program, code, information or command therein.
5. Publishing, posting, or distributing any information, code, program, instructions, video, or other material obtained by circumventing TPMs in the PS3 System or by engaging in unauthorized access to the PS3 System or the PSN.
6. Assisting, facilitating or encouraging others to engage in the conduct set forth above in 1-5.
IT IS FURTHER ORDERED that Defendant Hotz, his officers, employees, attorneys or representatives, and any and all other persons acting in concert or participation with Defendant Hotz, with notice of this Order, shall preserve, and not destroy, erase, delete, dispose of, or alter any documents or records, in whatever format, including electronic documents, computer files, computer discs and drives, that relate to, reflect, record, or contain any information regarding the manufacture, distribution, promotion, marketing, advertising, purchase, sale, offer to sell, trafficking, import, export, installation, payment, storage, and/or shipment of any and all of the Circumvention Devices, or any communications with any party concerning the manufacture, distribution, promotion, marketing, advertising, purchase, sale, offer to sell, trafficking, import, export, installation payment, storage, and/or shipment of any and all of the Circumvention Devices.
IT IS FURTHER ORDERED that Defendant Hotz is required to deliver his computers, hard drives, CD-roms, DVDs, USB sticks, and any other storage devices on which any Circumvention Devices are stored (but not his Sony PS3 consoles) to a third party neutral selected by the parties for the purpose of isolating, segregating and/or removing the information on those devices related to Defendant Hotz’s circumvention of the TPMs in the PS3 System. Defendant Hotz’s devices shall be promptly returned to him after the information has been segregated and removed from those devices. The logistics and protocol for this impoundment shall be worked out by the parties with Magistrate Judge Spero.
IT IS FURTHER ORDERED that the $10,000.00 posted by SCEA on January 27, 2011 as security for the Court’s issuance of the Temporary Restraining Order shall suffice for this Preliminary Injunction.
IT IS FURTHER ORDERED that this Preliminary Injunction shall remain in effect during the pendency of this case unless otherwise stipulated to by the parties or ordered by the Court.

Sony v. Hotz (83-1) – Stipulation: Hotz to Turn Over Computers to Neutral Third Party http://d1.scribdassets.com/ScribdViewer.swf

(via Groklaw)

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