''SCEA v. Hotz'' was a lawsuit in the United States by
Sony Computer Entertainment of America against
George Hotz and associates of the group fail0verflow. It was in regards to
jailbreaking and
reverse engineering
Reverse engineering (also known as backwards engineering or back engineering) is a process or method through which one attempts to understand through deductive reasoning how a previously made device, process, system, or piece of software accompl ...
the
PlayStation 3
The PlayStation 3 (PS3) is a home video game console developed and marketed by Sony Computer Entertainment (SCE). It is the successor to the PlayStation 2, and both are part of the PlayStation brand of consoles. The PS3 was first released on ...
.
Timeline

On January 11, 2011,
Sony Computer Entertainment of America sued George Hotz and fail0verflow members
Hector Martin and Sven Peter on 8 claims,
[ including violation of the ]Digital Millennium Copyright Act
The Digital Millennium Copyright Act (DMCA) is a 1998 United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or ...
, computer fraud, and copyright infringement.[Sony follows up, officially sues Geohot and fail0verflow over PS3 jailbreak]
Nilay Patel, Engadget (2011-01-12). Retrieved on 2011-02-16. The law firm hired by Sony was Kilpatrick Townsend & Stockton LLP.[Lawyers]
Cahn
Gilliland
Smith
Gaudreau
an
Bricker
/ref> In response to the suit, Carnegie Mellon University
Carnegie Mellon University (CMU) is a private research university in Pittsburgh, Pennsylvania, United States. The institution was established in 1900 by Andrew Carnegie as the Carnegie Technical Schools. In 1912, it became the Carnegie Institu ...
professor David S. Touretzky mirrored Hotz's writings and issued a statement supporting that Hotz's publication is within his right to free speech.
On January 27, 2011, Sony's request for a temporary restraining order (TRO) was granted by the US District Court for the Northern District of California. This forbade him from distributing the jailbreak, helping or encouraging others to jailbreak, and distributing information they've learned during the creation of the jailbreak. It also ordered him to turn over computers and storage media used in the creation of the jailbreak to Sony's lawyers. Professor Touretzky's mirror was voluntarily censored following issue of the TRO, but Hotz's writings and software have been mirrored elsewhere.
On February 12, 2011, Hotz posted a one-minute diss track
A diss track, diss record or diss song (an abbreviation of ''disrespect'' or ''disparage'') is a song whose primary purpose is to verbally attack someone else, usually another artist. Diss tracks are often the result of an existing, escalating feu ...
against Sony on his official YouTube
YouTube is an American social media and online video sharing platform owned by Google. YouTube was founded on February 14, 2005, by Steve Chen, Chad Hurley, and Jawed Karim who were three former employees of PayPal. Headquartered in ...
channel in relation to the lawsuit.
On February 19, 2011, Hotz started a blog about the Sony
is a Japanese multinational conglomerate (company), conglomerate headquartered at Sony City in Minato, Tokyo, Japan. The Sony Group encompasses various businesses, including Sony Corporation (electronics), Sony Semiconductor Solutions (i ...
lawsuit.
On March 6, 2011, the court issued an approval that Sony's lawyers were allowed access to all the IP addresses of all the people who visited geohot's blog for the purposes of establishing jurisdiction. Sony said the server logs would demonstrate that many of those who downloaded Hotz's hack reside in Northern California — thus making San Francisco a proper venue for the case.
On April 11, 2011, it was revealed that Hotz and Sony had reached a settlement out of court. This included a permanent injunction against Hotz doing any more hacking work on any Sony products to prevent any future firmware release from being decrypted.
The claims (filed in United States district court
The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district. Each district cov ...
for Northern California, San Francisco) were:
*Violating the Digital Millennium Copyright Act
The Digital Millennium Copyright Act (DMCA) is a 1998 United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or ...
()
*Violating the Computer Fraud and Abuse Act
The Computer Fraud and Abuse Act of 1986 (CFAA) is a United States cybersecurity bill that was enacted in 1986 as an amendment to existing computer fraud law (), which had been included in the Comprehensive Crime Control Act of 1984. Prior ...
()
* Contributory copyright infringement ()
*Violating California Comprehensive Computer Data Access and Fraud Act (§ 502)
*Breach of Contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other part ...
(related to the PlayStation Network User Agreement)
*Tortious interference
Tortious interference, also known as intentional interference with contractual relations, in the common law of torts, occurs when one person intentionally damages someone else's contractual or business relationships with a third party, causing ...
*Misappropriation
In law, misappropriation is the unauthorized use of another's name, likeness, identity, property, discoveries, inventions, etc. without that person's permission, resulting in harm to that person.
Another use of the word refers to intentional a ...
*Trespass
Trespass is an area of tort law broadly divided into three groups: trespass to the person (see below), trespass to chattels, and trespass to land.
Trespass to the person historically involved six separate trespasses: threats, assault, battery ...
Alleged Anonymous attacks in response to lawsuit
In an act of hacktivism
Hacktivism (or hactivism; a portmanteau of ''hack'' and ''activism''), is the use of computer-based techniques such as hacking as a form of civil disobedience to promote a political agenda or social change. A form of Internet activism with roots ...
, Anonymous
Anonymous may refer to:
* Anonymity, the state of an individual's identity, or personally identifiable information, being publicly unknown
** Anonymous work, a work of art or literature that has an unnamed or unknown creator or author
* Anonym ...
announced their intent to attack Sony websites in response to Sony's lawsuit and, specifically due to Sony's gaining access to the IP addresses of all the people who visited geohot's blog, terming it an 'offense against free speech and internet freedom'. Although Anonymous admitted responsibility to subsequent attacks on the Sony websites, much speculation has arisen concerning a sustained collapse of the PlayStation Network in April 2011. Anonymous has denied any involvement in the PlayStation Network outage. However, Sony announced on May 4, 2011, "We discovered that the intruders had planted a file on one of our Sony Online Entertainment servers named "Anonymous" with the words "We are Legion."
See also
* Electronic Frontier Foundation
The Electronic Frontier Foundation (EFF) is an American international non-profit digital rights group based in San Francisco, California. It was founded in 1990 to promote Internet civil liberties.
It provides funds for legal defense in court, ...
* George Hotz
* Groklaw
''Groklaw'' was a website that covered legal news of interest to the free and open source software community. Started as a law blog on May 16, 2003, by paralegal Pamela Jones ("PJ"), it covered issues such as the SCO-Linux lawsuits, the EU an ...
* Illegal number
* Strategic lawsuit against public participation
Strategic lawsuits against public participation (also known as SLAPP suits or intimidation lawsuits), or strategic litigation against public participation, are lawsuits intended to censor, intimidate, and silence critics by burdening them with ...
* Forum shopping
Forum shopping is a Colloquialism, colloquial term for the practice of litigants taking actions to have their legal case heard in the court they believe is most likely to provide a favorable judgment. Some jurisdiction (area), jurisdictions hav ...
References
External links
*{{Cite Pacer Docket
, plaintiff = SCEA
, defendant = Hotz
, date = Jan 11, 2011
, case-division = 3
, case-year = 2011
, case-type = cv
, case-sequence = 00167
, case-state = ca
, case-district = nd
, pacer-number = 235965
, access-date = Jul 23, 2017
, use-pacer = no
, use-recap = yes
, case-title = Sony Computer Entertainment America LLC v. Hotz et. al.
*http://www.groklaw.net/staticpages/index.php?page=SonyHotz
*http://community.us.playstation.com/t5/PlayStation-Network-Support/Questions-About-End-User-Safety-Concerning-New-Exploit/m-p/38690337
*https://blog.playstation.com/2011/04/11/settlement-in-george-hotz-case/
American bloggers
Sony litigation
Digital Millennium Copyright Act case law
2011 in United States case law
Video game controversies
United States District Court for the Northern District of California cases