Can you please to me how saying that you are going to donate whatever excess money you have to charity and then doing so is fraud?JDKJ said:Wrong. If tell you I want you money because I'm going to use it to wage a legal battle that will benefit you also by setting a legal precedent when I prevail before the Court and then I bail out on my promised legal battle long before the point of ever prevailing, then, my friend, that is most certainly fraud and obtaining property under false pretenses.danpascooch said:You do realize he has paid his lawyers up till now right? And he said he would donate whatever is left over when he accepted the donations.JDKJ said:Smart move, Georgie Boy. 'Cause you were most certainly on your way to getting about 12 inches of Sony penis up your rectum.
And if you don't immediately return the money that was donated your Legal Defense Fund, I just might class-action your ass for fraud, false pretenses, theft, and any other claims I might be able to cook up against you.
As long as the money is used to pay his lawyers up till now, and the rest is donated like he claimed up front, there is no fraud. And he sure as hell shouldn't pay it ALL back, it's not like the lawyers worked for free up till now.
Honestly, this seems like somewhat of a victory for GeoHotz, think about it, the root key got out, and he didn't go to jail or owe Sony millions of dollars, sounds like a victory to me at least.
Not to hate on "the man" or anything, but I'm pretty sure that sentence would be more accurate with the words "and our consumers".John Funk said:"Sony is glad to put this litigation behind us," said Sony's General Counsel Riley Russell. "Our motivation for bringing this litigation was to protect our intellectual property and our consumers.
this statement ^ : \Arachon said:Yay! This means that Sony can continue to treat hardware purchased by their customers as company property! A great day for us all.
Not to spark an argument, but please settle down, you're not going to prove anything to anyone here by raging at what was obviously going to happen in the first place (which is, not getting a refund from someone you donated to).JDKJ said:Smart move, Georgie Boy. 'Cause you were most certainly on your way to getting about 12 inches of Sony penis up your rectum.
And if you don't immediately return the money that was donated to your Legal Defense Fund, I just might class-action your ass for fraud, false pretenses, theft, and any other claims I might be able to cook up against you.
Hero, my ass. You's a punky-ass *****. You had a choice: git down or lay down, And your sorry ass just laid down.
I agree. This is like "There Will Be Blood" ending with a pleasant round of "Kumbaya" around the campfire.Snake Plissken said:Goddammit...that's so fucking boring. I was really hoping that SOMEONE would get screwed in this case...
Radeonx said:JDKJ said:danpascooch said:Can you please to me how saying that you are going to donate whatever excess money you have to charity and then doing so is fraud?JDKJ said:I want you money because I'm going to use it to wage a legal battle that will benefit you also by setting a legal precedent when I prevail before the Court and then I bail out on my promised legal battle long before the point of ever prevailing, then, my friend, that is most certainly fraud and obtaining property under false pretenses.Radeonx said:JDKJ said:danpascooch said:You do realize he has paid his lawyers up till now right? And he said he would donate whatever is left over when he accepted the donations.JDKJ said:Smart move, Georgie Boy. 'Cause you were most certainly on your way to getting about 12 inches of Sony penis up your rectum.
And if you don't immediately return the money that was donated your Legal Defense Fund, I just might class-action your ass for fraud, false pretenses, theft, and any other claims I might be able to cook up against you.
As long as the money is used to pay his lawyers up till now, and the rest is donated like he claimed up front, there is no fraud. And he sure as hell shouldn't pay it ALL back, it's not like the lawyers worked for free up till now.
Honestly, this seems like somewhat of a victory for GeoHotz, think about it, the root key got out, and he didn't go to jail or owe Sony millions of dollars, sounds like a victory to me at least.
That's not where the fraud occurs. The fraud occurs in stating that you will accept my money and use it to accomplish Object X and then deliberately failing to accomplish Object X. Plain and simple. The promise to donate a surplus to the EFF was the surplus left over after Object X was accomplished. But Objective X was never accomplished. Therefore, there's no surplus.
That's like suing a football team because you bet money on one of their games and they lost.JDKJ said:Wrong. If tell you I want you money because I'm going to use it to wage a legal battle that will benefit you also by setting a legal precedent when I prevail before the Court and then I bail out on my promised legal battle long before the point of ever prevailing, then, my friend, that is most certainly fraud and obtaining property under false pretenses.
Oh, yes you did purchase a guaranteed win. That's the guarantee that Hotz made when he solicited the money.Dastardly said:That's like suing a football team because you bet money on one of their games and they lost.JDKJ said:Wrong. If tell you I want you money because I'm going to use it to wage a legal battle that will benefit you also by setting a legal precedent when I prevail before the Court and then I bail out on my promised legal battle long before the point of ever prevailing, then, my friend, that is most certainly fraud and obtaining property under false pretenses.
His lawyers fought, and it became apparent that a settlement was the only way not to lose. So they settled, rather than lose. If he'd gone "heroically" into battle and lost, your money would be just as "wasted."
If you donated money to the cause, that's all you did. You donated money to increase his chances of getting the help he needed to win. You didn't purchase a guaranteed win, and he didn't accept donations on the condition of "no surrender." In some ways, it's like demanding your money back because the foundation you donated to hasn't cured cancer yet, or the foundation had to disband before cancer was cured.
If it's the same one that Kevin Butler's Twitter put up, you could probably find it somewhere.esperandote said:This is a great loss for all but at least not as big as it could have been of one of the parts.
Is this jailbreak code available anywhere else?
I wonder if anyone else will continue Hotz's work (and if Hotz will secretly help him).
I'm glad I'm not the only one!Dastardly said:So you'll be retiring that picture, right?
Agreed, Sony would have never gotten much money from GeoHot and this way they get everything they wanted from the case without the liability of a trial. It's probably the best outcome GeoHot could hope for as well, getting this thrown out in the short term would have simply extended his problems and in the end I don't think he could have won.Dastardly said:In my mind, this was the outcome Sony was always hoping to reach. Out-of-court settlements usually go much better in relatively untested legal ground like this, and this decreases the chances of Sony somehow losing the case on a technicality.
So because he lost...it is fraud? That's the stupidest thing I've ever heard. He accepted donations to pay for his legal team, which he did. He is going to use the left over money to donate to charity, like he said he would. You can try to sue him for fraud if you want, but that is the most nit-pickingly assholish fraud claim that I've ever seen in my life.JDKJ said:That's not where the fraud occurs. The fraud occurs in stating that you will accept my money and use it to accomplish Object X and then deliberately failing to accomplish Object X. Plain and simple. The promise to donate a surplus to the EFF was the surplus left over after Object X was accomplished. But Objective X was never accomplished. Therefore, there's no surplus.
Radeonx said:Can you please to me how saying that you are going to donate whatever excess money you have to charity and then doing so is fraud?JDKJ said:Wrong. If tell you I want you money because I'm going to use it to wage a legal battle that will benefit you also by setting a legal precedent when I prevail before the Court and then I bail out on my promised legal battle long before the point of ever prevailing, then, my friend, that is most certainly fraud and obtaining property under false pretenses.danpascooch said:You do realize he has paid his lawyers up till now right? And he said he would donate whatever is left over when he accepted the donations.JDKJ said:Smart move, Georgie Boy. 'Cause you were most certainly on your way to getting about 12 inches of Sony penis up your rectum.
And if you don't immediately return the money that was donated your Legal Defense Fund, I just might class-action your ass for fraud, false pretenses, theft, and any other claims I might be able to cook up against you.
As long as the money is used to pay his lawyers up till now, and the rest is donated like he claimed up front, there is no fraud. And he sure as hell shouldn't pay it ALL back, it's not like the lawyers worked for free up till now.
Honestly, this seems like somewhat of a victory for GeoHotz, think about it, the root key got out, and he didn't go to jail or owe Sony millions of dollars, sounds like a victory to me at least.
I believe the word in compromise.Aeshi said:A tie.
Everybody loses this one.
I don't know about that. It's an awfully amusing picture.Dastardly said:So you'll be retiring that picture, right?John Funk said:GeoHot and Sony Settle PS3 Jailbreak Case
In my mind, this was the outcome Sony was always hoping to reach. Out-of-court settlements usually go much better in relatively untested legal ground like this, and this decreases the chances of Sony somehow losing the case on a technicality.
In the end, a lot of folks are going to hold this as another example of "big company scaring little person into settling," but I really have to wonder if there's any other way for things like this to end. Sometimes the "underdog" is actually wrong, and a company shouldn't have to use kid gloves to give someone a "fair chance" when they're in the right.
I'm glad it's done, though. Sony got what it wanted, and no one is a gajillion dollars in the hole. Sony hasn't outlawed hacking of the PS3, they've just made it illegal to publicly post the root key. The sky isn't falling.