“Christ you know it ain’t easy,
You know how hard it can be.
The way things are going
They’re gonna crucify me.”John Lennon, The Ballad of John and Yoko
George Francis Hotz is a highly regarded 21 year-old who first came onto the scene by jailbreaking iPhones, causing a great deal of hullaballoo amongst the population.
In the end of 2009, Hotz announced his efforts to hack the Sony PlayStation 3, a console widely regarded as being the only fully locked and secure system of the seventh generation era. He blogged about his progress, announcing that he had successfully hacked the machine by enabling himself read and write access to the machine’s system memory and having hypervisor level access to the machine’s processor. Sony announced firmware updates; Hotz then announced plans of a custom firmware, similar to the custom firmware for the PlayStation Portable, to enable Linux and OtherOS support, while still retaining the features of newer firmwares.
I will take a step back here to say at this point, Hotz was simply a home-brew hacker showing off all this gee-whiz stuff to the public. This was not anything major, nor should it have been. In fact, the pool of those people who would actually do such a thing within the entire pool of PS3 users could fill an auditorium. A small auditorium. Given the fact that this population is mainly dedicated enthusiasts, what happened next is a lesson in how not to run a business.
On January 2, 2011, George Hotz posted the root keys of the PlayStation 3 on his website. Sony immediately filed a lawsuit and demanded social media sites, including YouTube to hand over IP addresses of people who visited Geohot’s social pages/videos. Paypal granted access to Sony for them to view Geohot’s PayPal account. The judge of the case has given permission to Sony to view the IP addresses of everyone who visited geohot.com (George’s website). Two things here. Yes, Hotz was wrong to post the keys on his website. But Sony forgot the one law of the internet: once it’s out there, it’s out there. Better to contact George and, I don’t know, hire the kid in order to make a better product. After all, he’s doing more for the product than their engineers at that point.
People were outraged over the heavy handedness of Sony’s lawsuit and contributed to George’s legal defense. Then Anonymous (that band of merry internet pranksters, God love ‘em) got into the act, pronouncing
"Your corrupt business practices are indicative of a corporate philosophy that would deny consumers the right to use products they have paid for and rightfully own, in the manner of their choosing," continues the pronouncement. "Perhaps you should alert your customers to the fact that they are apparently only renting your products? In light of this assault on both rights and free expression, Anonymous, the notoriously handsome rulers of the internet, would like to inform you that you have only been ‘renting’ your web domains. Having trodden upon Anonymous’ rights, you must now be trodden on."
And then, as they say, it was on. It really looked like this was going to be a real fight. Add then this article from Ars Technica this morning:
“The legal action between Sony and George Hotz has come to a close, with both sides seemingly happy with the results. Sony has Hotz agreeing not to do bad things to its hardware, and Hotz gets to be left alone and continue with his life. Neither side has admitted any liability in the matter…”
What happened? Two things. This was going to be a legal Battle Royale. Could you see the next five to ten years of your life being consumed by this? I can’t. If you’re Sony, even though you have a room full of lawyers, you have just take a massive hit publicity-wise, right when you really did not need it. Are you willing to throw what little reputation you have left on the altar over some smart kid showing you up? Doubtful. Is it better that both sides take a step back, and take a breath?
Yes and no.
The fact is, while George can now go back to his life, some of the legal questions that needed answering will not be answered. The fact is there are lawsuits of this nature every day. The non-fight only goes to show the world that Sony will spare no expense in suing anyone over their product. But it points to a larger problem.
I still think the worst part of this is that the copyright owners come down on relatively law abiding citizens like a ton of bricks, while the real criminals remain free to pursue their criminal enterprises. Regardless of whether you think George’s actions were right or wrong, he’s basically a regular citizen – works, goes to school, pays taxes, etc. He was there for Sony to sue, operating under his real name and with real contact information available, and not living on the proceeds of illegal activity.
On the other hand, the guys who run illegal factories turning out millions of counterfeit games, DVDs, or whatever generally go free. What is worse is that these people are known to officials who claim to be protecting copyright. Sony is pursuing regular people like Hotz, who almost surely lost money on this whole venture, while seemingly not even attempting to pursue the acutal criminal violators who are driving around in Bentleys.
That is the real criminal act here.



