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Sony Moves For Temporary Restraining Order Against Alleged PS3 Hackers

Sony Moves For Temporary Restraining Order Against Alleged PS3 Hackers

January 12, 2011 | By Kris Graft

January 12, 2011 | By Kris Graft
More: Console/PC

Sony Computer Entertainment America asked a U.S. District Court for a temporary restraining order against alleged PlayStation 3 hackers who allegedly facilitated software piracy on the console.

SCEA alleged in documents filed Tuesday (via Engadget) that defendant Fail0verflow, a "hacking group," laid the groundwork for defendant George "Geohot" Hotz to "unlawfully ... [gain] access to a critical level of the PS3 System" protection measures in December.

Hotz then allegedly distributed through the internet circumvention devices needed to access that critical level of PS3 security in January, and released software code used to run pirated software on the console.

SCEA said the hackers' alleged actions violate federal copyright law, including the Digital Millennium Copyright Act, and continued infringement will cause "immediate and irreparable injury" to the company.

The court filing also names defendants Hector Cantero, Sven Peter, and two individuals identified only as "Bushing" and "Segher" as members of Fail0verflow. The filing also names anonymous John and Jane "Does 1 through 100" as defendants.

SCEA's proposed temporary restraining order filed with the court asks that Hotz and his alleged cohorts cease the distribution or promotion of copyright circumvention technology that "enable unauthorized access to and/or copying of PS3 Systems and other copyrighted works."

The proposed order also asks the court to stop the defendants from engaging in circumvention acts regarding PS3, hacking into the console to obtain or access programs or code or publishing any related code.

The order also asks to court to keep the defendants from destroying any records or documents pertaining to alleged PS3 circumvention acts. SCEA wants its law firm to be granted permission to impound computers, hard drives, USB sticks and other storage devices from Hotz.

Sony argued in its filing that the general public would be in favor of a restraining order against the PS3 hackers.

"True innovators will be deterred from investing the effort and resources needed to create new products if counterfeit-enabling developers are allowed to siphon away the compensation that real creators such as SCEA otherwise would earn," the document stated. "On the other hand, no public benefit results from defendants' activities. No new works have been created; indeed, piracy deters creativity."

"Public policy certainly does not support violations of the DMCA to facilitate software piracy."

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