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Sony v. Hotz Begins

By Pamela Jones et al.

PCWorld is reporting that Sony is going after what it describes as "iOS jailbreaker Geohot". The article expresses some confusion about whether or not it's a real lawsuit:

Hotz, better known as iOS jailbreaker Geohot, revealed on his site last night that he'd been "served" by Sony, prompting speculation about the legal ramifications and causing confusion over whether the paperwork was preliminary or actual notification of a lawsuit.

A quick read of the documents suggests the former. The "proposed order" is just as it sounds: A proposal that the Northern District Court of California find that Sony Computer Entertainment America "has shown a likelihood of success on the merits of its claims for violation of the DMCA [Digital Millennium Copyright Act] and CFA [Computer Fraud & Abuse Act]...that it will suffer irreparable harm" unless the court issues a restraining order shutting down sites that offer the hack, and impounds any computing technology involved in its creation.

I can try to help clear up any confusion. This is indeed litigation, and not just against Mr. Hotz, with the kind of papers that you find typically, meaning the Complaint [PDF], but it's also asking for immediate relief in addition, and that's the Motion for Temporary Restraining Order [PDF], with a written up proposed order [PDF] that the judge can just sign if the motion is granted. I'll show you how you can tell if papers filed mean real litigation, and I have the pertinent documents for you and the docket listing.

I note that Sony has chosen James G. Gilliland, Jr. of Kilpatrick Townsend & Stockton to represent the company. He represented Apple against Psystar, if you recall. I would not underestimate him, if I were a defendant.

Full post as published by Groklaw on January 12, 2011 (boomark / email).