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Federal Court in California has denied Sony's TRO against George Hotz.
Sony's basis for opening the Court case before California Court System, was very weak. Sony argued that Geohot was earning profit via Paypal. The court did not find that a genuine arguement, therfore they denied Sony's TRO against Geohot.
Geohot's lawyer states,
''this case is not about Sony attempting to protect its intellectual property or otherwise seek bona fide relief from the court. Rather, it's an attempt from Sony to send a message that any individual using Sony hardware in a way Sony does not deem appropriate will result in harsh legal consequences from a multi-billion dollar company, irrespective of any legal basis or authority for such action.''
Hotz lawyers also go on to say:
“I think it is quite telling that Sony, who is legally required to provide notice to Mr. Hotz before seeking any special relief with the Court, decided to e-mail Mr. Hotz a copy of their motion at 7 p.m. when a hearing was scheduled for the next morning at 9 a.m. in California, while Mr. Hotz does not even live in California. Sony is seeking various unreasonable relief, such as seizing Mr. Hotz's personal property and computers. Luckily, the Court postponed the hearing,”
He also added,
“This case not only has profound implications for the parties involved, but it also implicates core property rights for every consumer out there.”
In April 2010 Sony released a Firmware upgrade that removed the OtherOS feature. While most products upgrades adds funtionality, increase performance and add features. Sony removed OtherOS and to keep OtherOS you had to not upgrade and not be able to play online, or upgrade and lose OtherOS feature.
Geohot's lawyer had this to say :
“While most companies issue firmware upgrades to increase a product's abilities over its life cycle, Sony has taken the unacceptable and draconian approach of decreasing the PS3's capabilities by actually destroying a core feature of the PS3. Imagine taking in your car for an oil change and having the manufacturer remove your car's air conditioner, radio, and half its horsepower because of fears that other hypothetical individuals might abuse their vehicles. It just doesn't make any sense, and it's a slap in the face to the consumers that put their support behind the product.”
and:
''This case rests on Sony's misguided belief that it has the unfettered ability to control how consumers use the products they legitimately purchase.”
Both attorneys agree that Sony's interpretation of the law is quite troubling. The attorneys state they hope the judge will deny Sony's motion, but regardless of how the judge rules, they fully intend to defend Mr. Hotz in this action, which has wide-spread implications for consumers globally.
Read more: PSGroove.com - George Hotz's Lawyers Issue Press Release - Court Denies Sony's Restraining Order
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