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Kasz216 on 11 April 2011
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kitler53 said:
Grimes said:
theprof00 said:
dsister said:

1. Geohot walked away without any problems m

2. Sony spent over a million dollars trying to prosecute him 

3. Sony lost a customer(who bought quite a few PS3s) 

yes, Sony definitely won 

According to the injunction, the injunction itself applies to every hacker that Geohotz has contact with.

I'm guessing that the subpeona for all those IPs, personal information, etc etc has something to do with the scope of that victory.


A private settlement can't make a ruling for anyone but the parties involved. Nor can they used any of collected data beyond the scope of what the courts allowed, which was only to establish location of alleged activity.

i texted a friend of mine who is a lawyer and he said that while it is "not likely" that this settlement can have a "precedential value" there are "exceptions".    Then he told me to research "judicata", "collateral estappel" and "judicial estoppel".  

I have no clue what that means but i'm going to look into it a bit. 

 

also, this thread is epic fun. xD

Collateral Estappel is when a case is decided.

Both though basically state that once a matter is settled it can't be brought up again.  Same with Judicatta, but that's for settlements.

 

Judicial Estrappel basically states that you can't take a different position in a case have taken in another case.

Which may actually explain why sony settled.  Since they were taking opposite positions in the Other OS lawsuit and the Hotz Lawsuit.

They claimed vs Hotz that they were responsible for everything involving PS3s and owned your PS3s.  While in other OS, they were claiming that all complaints had to got to Sony the parent company.

Had both trials gone to court, they probably would of lost which every one reached judgement last, and the lawyers could immediatly site Judicial Estrappel.  Either causing the Hotz case to be desmissed (and damages paid) or the Other OS lawsuit to be lost.

 

Reading the settlement that's been released.  This really did cost Hotz nothing.  He only gets penalized if he re-releases what's already out there.   Hell, sony even consented to try him in NJ if he gets tried for anything else.  He didn't even have to admit he did anything wrong.

Heck.  They even dismissed the charges agaisnt Cantero and Sven Peter.