Sony needs to get smart about how they approach this. Going after them solely immediately summons the idiotic,tired ass symbolic fight of big mean corporation vs. the little guy.
Here is what I would do if I were Sony. Band together with GameStop, Wal-Mart, and all the used video game sellers, get the names of at least a dozen or so of these hackers, ask the used video game sellers to file the lawsuit as a group in a class action, as Sony front the legal expenses for the class action lawsuit, and sue the hackers so that their great, great,great, great grandchildren will be living in extreme poverty.
Sony is not going to win this one by claiming damages and future damages as a single entity. They need GameStop, Wal-Mart, and the entire used video game industry to make the argument that what these hackers are doing is compromising a whole industry because compromised consoles cannot be sold without a risk to the seller and buyer.
Hackers can argue well, "I was doing it for private use...blah, blah, blah, blah, blah and blah." That being said, their argument is laughable when the fruit of their actions appears on the Internet with instructions for other individuals to do the same thing. Finally, with their individual actions done, shown on the Internet, and replicated they really don't have a cogent argument as to how individuals compromising PS3s will not affect the next user of that PS3 once they sell it used.
