Other objections raised by Hotz’s lawyer Stewart Kellar include Sony claiming Hotz is bound by the terms of service for the Playstation Network. Hotz, Kellar notes, never used PSN to publicize the rootkey exploit, and that Hotz has no connection to two other defendants who did.
Another complaint from Sony states Hotz and others acted to circumvent the copy protections built into the device and “trafficked in circumvention devices and components thereof that enable unauthorized access to and copying of one or more PS3 System and SCEA’s other copyrighted works,” which Sony says Hotz did by publishing the code on his blog.
Sony also claims punitive damage from “ irreparable and immediate harm” and has asked for a restaining order on the published code as well as confiscation of Hotz’s computers and PlayStation 3, but Kellar states, ”The code necessary to “jailbreak” the Sony Playstation computer is on the internet. That cat is not going back in the bag.”
