Playstation 3: Hackers respond to lawsuit, release all tools to public

Fail0verflow is the group responsible for a majority of the work that was done in the PlayStation 3 hacking community. Making it possible for the lay person to install custom firmware on the PlayStation 3 ultimately bypassing the system security. More recently, Sony filed a lawsuit that named multiple persons including the head of this group. In response to the lawsuit that Sony has filed, which ordered the group to terminate any activity, fail0verflow has released all of the tools they created in the process.

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M4ndat0ry_1nstall2621d ago (Edited 2621d ago )

"please clone this repository and avoid to the big fish eats the small fish using the money and the recurses of one Multinational against talented people that seeking new hombrew uses in the PS3 console and the return of Linux"

Sony should actually try and address the "hack" itself instead of single entities. What they (Sony) are doing will only lead to more interest and other "hackers" that want to make a name for themselves.

*claps* for the hackers

fail0verflow2621d ago (Edited 2621d ago )

Sue them all

MAJ0R2621d ago (Edited 2621d ago )

hackers just got themselves in deeper shit, but I guess their mentality was "were all fucked anyways so we might as well release everything"

so I guess if someone agrees that they will give a person 100 dollars if the packers lost against the eagles in a legal document they wouldn't have to and could just make up excuses? no they couldn't, Sony's ToU is a legal agreement so you are breaking the law in a sense if you break it

Kurylo3d2621d ago

how have hackers gotten themselves in deeper shit? its perfectly legal for them to hack hardware.. tehy bought it.. they own it. Even if sonys terms say they cant it doesnt matter because sony saying they cant is not legal.. therefore a judge will throw out sonys suit.

Sony can say we own you in the terms.. and u can hit accept... doesnt exactly mean they own you because thats not something they can do legally. They can legally say you cant resell it or something like that..

evrfighter2621d ago

called it. Sony just unleashed a can of worms they'll wish they never messed with.

Tony-A2621d ago (Edited 2621d ago )

Dude, what you have to understand is that any lawsuit can be put against you whether the offense is illegal or not. It all depends on the contract you both agreed on. If someone says they'll sue you for doing something against the contract, they can sue you.

It DOES NOT matter if it's legal, illegal, whatever. Breaking a contract you agreed to is reason to sue. I'm not saying it's 100% that they're gonna lose, but it's gonna be pretty damn hard to get away, especially when they go and do this.

UnwanteDreamz2621d ago (Edited 2621d ago )

If the judge doesn't throw out a lawsuit?

Do these guys think they can defend themselves against Sony? They must have deep pockets because Sony can afford to drag a legal case out until these guys turn into poor people who can't afford internet. They can do that without ever winning the case.

Look at what Activision is doing to West and them. These guys lose money just defending themselves.

Eamon2621d ago

The terms and conditions only really apply to PSN anyway.

Sony should just be like MS and start bans instead of trying to sue the hackers.

And what if Sony loses the case which leads to making jailbreak legal even on console. That would be pretty bad for Nintendo and MS too.

Well, it will be interesting to see how it all turns out. I think the failoverflow team said they won't be visiting America in the near future lol. But Geohot lives in US so he'll be forced to go to court. Is he wealthy enough to have a good lawyer let alone an actuall legal team like Sony has.

Acquiescence2621d ago

Sony resorted to filing a lawsuit against them instead. What do hackers know about lawsuits and litigation? Nada. How do they react? By throwing their toys out of the pram. Not a smart move either, seeing as how they've given Sony even more to work with in court.

Sue them all [2]

rockleex2621d ago (Edited 2621d ago )

Haha, they know they're f*cked.

They HAVE to release everything so that at least other people can continue their work for them while they're in jail.

Oh well, they'll just get even WORSE sentences for doing this. Lol.

And yes, its completely against the law for them to illegally find Sony's root key, release it to the public, and also use Sony's key to sign their unauthorized codes.

Ju2621d ago (Edited 2621d ago )

They don't know what they are doing.

If they are getting away with this, this has an impact not only for Sony.

Say, if this is "legalized" what that means is, no trade secret is save any more. Anybody can obtain information no matter how and if you are faster and make it public you win.

This cannot be the direction we want to go. I am all for open source. But it is to the discretion of the author if he/she wants do release IP into public domain or not. Not for somebody who obtained the information through dubious channels.

I am all for freedom, but this goes way beyond that. This means we do not have to obey any license agreement at all. I do not agree with that.

MintBerryCrunch2621d ago (Edited 2621d ago )

people say that Sony have deep pockets....but to go after every hacker that has jailbroken their PS3 which is not illegal would rack up the costs for Sony, why do you think companies dont go after the thousands and millions of people that D/L movies and games through would cost too much money to regain anything that they lost in the process...its a lose lose thing that interests me is that Sony is suing over the release of the Master Key, the problem is that Sony cant copyright LETTERS and know that this is different from name branding like "Playstation" we will see how this will pan guys think that these guys will go bankrupt defending themselves...but there will be lawyers out there that will gladly defend them to make a name for themselves if there is a chance that Sony is in the wrong by looking at previous cases about jailbroken/hacked machines i.e. Iphone/Ipod

nycredude2621d ago

I am really getting sick of coming on N4g looking for gaming news and seeing some stupid article about hacking every day. And what is sad i that most of these artciles get to 1000 degrees and have so much people commenting. What happened to gaming for fun and gaming news? This is a sad indication of the state of the industry.

It is no longer just about games and having fun. THis generation is all about fanboy wars, ripping people off, winning at all cost, underhanded tactics bullshit!

This generation sucks.

And for all those who defend hackers please stop it. Defend them all you what with you us against the world mentality. Love the big corporations or not, they are the ones making these games we love, not these thieves. What the fuck has these hackers done for me? Jack shit. In fact by teir actions they are hurting the companies that make the games we love, and in the process threatening the future of the games industry.

I can't believe people are so naive they don't see this. These guys are nothing more than some kids who rebelled against their parents when younger and have grown up still stuck in that stage of their lives.

Homebrew and all that stuff is great for people who like it but the games are what matter not these homebrew apps.

Wake up and smell the coffee.

ABizzel12621d ago (Edited 2621d ago )

Some of you people just don't get it. They didn't just hack the PS3, they accessed everything within it. It's not just some, Oh now we can play Call of Duty for free".

They have complete control of the system, meaning if Sony puts out a firmware forcing you to upgrade, they can put one out forcing you to downgrade.

They can play pirated games (which is illegal).

They have access to PSN account information, which means if you have your credit or debit card on there, they can steal your information (this is illegal and a breach of contract/terms of agreement).

Sony is suing them because they made this all possible, and now by spreading it across the web they've practically given everyone free access to your PSN account, email, address, city, state, EVERYTHING.

Sony has no choice, but to sue them in order to protect themselves from being sued by PlayStation users (who'll have a hard time winning again because they accepted the contract/ terms of agreement).

This is no laughing matter. If you have any personal information or credit cards on PSN, you need to take it off NOW, and start using PSN cards, but even that will only delay someone if they really want your information, because there's a footnote of your credit card left on every system you use it on (how do you think the police find the last place you used your credit card? Guess what hackers can do the same thing.) This is a threat to everyone on PSN, and if anything like this happens you can beat they're going to get tons of lawsuits for the people affected and will be facing jail time. This has nothing to do with Big fish vs little fish like the claim. This is a potential 40 million plus user identity theft lawsuit.

Thankfully I have a new debit card, and my old one is deactivated. Protect yourself, because everyone thinks it can't happen to them until it does.

If you're going to hack a system, keep it to yourself. Don't be stupid and try to show off to the world. The internet has ruined and caught so many lives, because people don't think before they post.


It's not this generation of console it's the people of this generation. I hate to say I'm a part of Generation Y. For the most part our generation is immoral and uneducated. I'm thankful I was raised by a good parent, because these people on here, and many other sites are just ignorant, and thanks to the internet their ignorance has spread across the world.

stevenhiggster2621d ago


I wish I could agree with you twice, that is one of the most sensible things I have read on this site in a while.

ct032621d ago

January 11, 2011

We will help our friends at Sony understand this by mirroring the geohot jailbreak files at Carnegie Mellon.
Note to Sony lawyers: No doubt you're eager to rack up another billable hour by sending legal threats to me and my university. Before you go down that unhappy road, check out what happened the last time a large corporation tried to stop the mirroring of technical information here: The Gallery of CSS Descramblers. Have you learned anything in ten years?

David S. Touretzky
Research Professor of Computer Science
Carnegie Mellon University
Pittsburgh, PA 15213

WhittO2621d ago

lol really?

Like they werent going to do this anyway and make profit of it.

I also agree with Sony totally disabling PS3s both online and offline, you want to break the law and hack your ps3 and play illegally copied games, then you should prepare to face the consequence of that.

I download torrents etc and if it comes back to bite me, well that's my fault.

HolyOrangeCows2621d ago (Edited 2621d ago )

That's cute. They feel like they've stuck it to Sony....except now Sony's case is as solid as concrete.

I think they could have gotten away with it, but now they're releasing all of the tools, codes, software, etc in a very public way (And with very obvious intent to extort)......they're boned. Not a smart move.

BattleAxe2621d ago (Edited 2621d ago )

These guys are going to get sued so f***n hard, that the judge is going to order them to live in a slum in Tijuana Mexico, and they will not be allowed to have money in their possesion for ten years, or they will be sent to a U.S. "secret prison" .....muahahahaha

Jack Meahoffer2621d ago (Edited 2621d ago )

Even if Sony wins the case against these hackers which is very possible and gets them cruxified upside down over a sewage pit they just released the tools which made the root problem for Sony worse...

You guys are more interested in some kind of revenge or something. The cat is out of the bag. The master key is already on the internet and can't be stopped with any legal action.

The only real discussion here is what technical options Sony has to mitigate the piracy problem. Everything else is just a side story including this lawsuit.

inveni02621d ago

This lawsuit isn't about the hardware that was purchased. It's about the theft of proprietary software, licensed software and the transfer of encryption algorithms with the intent to continue the violations.

These hackers are screwed. The lawsuit may not stop piracy, but these a-holes that thought they were tough sh!t are gonna have tears rolling down their cheeks while getting packed from behind in prison.

RememberThe3572621d ago (Edited 2621d ago )

A lot of you are not really seeing the big picture. I know you love to hate on Sony but think about it. Do you really think these hackers would have held on to these tools that they have put so much work into? Hell no. They made it for the hacking community and they were going to release it to them.

Your seeing a cause and effect that isn't there. Sony knew these guys were going to release everything they had eventually so it came down to do we sue now or later. And instead of running away scared they took action the only way they could. If you had invested 3 billion dollars in a product and someone was threatening on your return you'd sue the shit out of them too, and don't act like you wouldn't.

The hackers are going to try to act like victims but they are only reaping what they have sown. They break into platforms allowing piracy then get made when people get mad about it. It's like they're lost in their own little world and hate it when people bring them back to reality where your actions have consequences.

This "can of worms" was already opened. It would have been opened if Sony sued or not.

And you guys are acting like they've never done this before? I read the documents and Geohot was served with and they had tons of case references of hackers and pirates being successfully sued. We'll really have to wait and see how far this goes.

@inveni0: Well said.

pixelsword2621d ago (Edited 2621d ago )

People don't realize why these people are likely going to jail and doing hard time for one reason only, forget what you know:

1. The ramifications of their actions in respect of other events already in motion.

- If they let them off, this will strengthen the case for the soldier who released the information for Wikileaks.

- if they jail them and make a law closing loopholes against such actions before the wikileaks trial, this will strengthen the case against the soldier.

- having Sony win would also possibly allow a reason to establish an international law against accessing computers, which works in favor of a world government law (some might argue, and if you believe in that stuff)

Now, seeing that a US computer was "hacked" and are using international (and some say illegal) force to get one guy who merely "released" information (didn't hack, btw), what's a bunch of geeks gonna matter to them if it means that they will get what they want in court?

I wouldn't be surprised if one of the members in the fail0verflow group was a mole.

This was not a wise move at all.

Ryudo2621d ago


The day I go to jail and do hard time for modding hardware/software I bought legally is the day the PC industry officially dies.

There's no way on earth Sony is winning this one, and anyone who wants Sony to win this one is a retarded idiot.

Ju2621d ago (Edited 2621d ago )

You can do what ever you want with the things you bought in your own domain (e.g. at home or in your business).

It is another thing to publish such information (or sell it, which is publishing for money).

I think this is the fine line here.

The information retrieved was certainly protected by license agreements. Hacking them, installing homebrew for your own use is fine. Publishing what you learned however, I am certain, violates some sort of agreement you "sign" when you use the product.

How far does this go? Next time someone hacks the master key of the security system of your bank account and publishes that, it is still OK? If we follow through on the hackers argumentation, nothing is protected any more. Because it can be applied to any system - that is, if they get away with this.

It is annoying that Sony locks up the PS3 so you can't code for it - I certainly would appreciate it if it would be open. But there are tons of other gadgets available which can satisfy the geeky curiosity.

deafwing2621d ago (Edited 2621d ago )

the guys at failoverover seriously got an ego problem lol
what's the big deal with having linux on ps3 anyways? I barely have time to enjoy Netflix ... if one wants to program on linux one doesn't need the ps3 for that.

can't they just buy some used laptops/pcs and install gnome and other software on there? that's the lamest reply to a lawsuit if I ever saw one ...

sheesh, guys I know the gentlemen at failoverflow are gennius but hire a lawyer before you all start spouting bs that will dig a 6 foot hole for themselves.

IcarusOne2621d ago

Someone said this: "And what if Sony loses the case which leads to making jailbreak legal even on console. That would be pretty bad for Nintendo and MS too."

And my question is, why do we care if it's bad for these corporations? Do you think they give a shit about what's bad for you/your wallet? I think this could all benefit us as gamers and consumers. Much the same way jailbreaking an iphone can radically enhance its functionality and truly take it to another level.

I'm not in favor of hackers resetting gamer levels and perks and such as I was reading with MW2, but the truth is, it's OUR console once we buy it, not Sony's, not MS's, not Nintendo's. We should be able to do with it what we want. Bottom line, I'm always in favor of openness.

ComboBreaker2621d ago

You're all fogetting the whole point of Sony suing.
The whole point of Sony suing Geo and the hacker crew is not to stop the hacks.

No. The whole point is to make sure Geo and those hackers goes to jail for a very long time.

Jail... a place where bullies rule and we all know how bullies love to pound on the nerds. A perfect place for a nerd like Geo.

NatureOfLogic2621d ago (Edited 2621d ago )

The PS3 is Hacked.

Ju2621d ago

If the current business model doesn't work no more no more games. Simple.

The whole console business is build around a closed platform. For a reason. Most money is made from license fees. With an open platform, this needs to change; see PC.

If this will lead to no lock down on consoles, later no license fees, no console business. No games. May I remind some here to the video game crash from 85? Is quite a while back. Video gaming almost seized to exist for 1 or 2 years until Nintendo and Sony (and Sega) started to drive it again.

For me, I would like to see a solution which can provide both. And open platform for open source like development and yet a closed gaming platform.

However, pirating kills the gaming market. Not just on consoles. It gives the PC market a run for the money. Sony was open and allowed Linux. Some abused that. Now the base for an open discussion seems to be even further away.

zeeshan2621d ago

I called the very same thing last night! Sony can't stop this sh**storm!

Theonetheonly2621d ago

Good for them. god forbid people got to do something cool that doesnt make sony money.

Kalipekona2621d ago

I am against piracy, but modding your console to enhance it in various ways should be legal.

Mahr2621d ago

"hackers just got themselves in deeper shit, but I guess their mentality was "were all fucked anyways so we might as well release everything"

I assure you, the mentality was almost certainly more along the lines of 'Hmm, Sony is trying to use US copyright laws to charge us with US crimes. It sure is nice to live in Europe!'

SiLeNt KNighT2621d ago

Please use common sense folks. Sony isnt god or your mom. Just because Sony wrote it and you agreed to the terms doesnt mean its set it stone. If you sign a contract with me that states i may kill you if you dont complete the terms doesnt give me the right to kill you. A contract can't break the law. If it does, it becomes void.

all these "you agreed to the TOS so you're outta luck" statements sound so stupid.

I hope sony wins this case against these kids but the fanboys in here will do anything to protect their precious. I love my ps3 as much as any 'normal' person but lets keep it real and stop with the lame defense.

newhumanbreed2621d ago

What's funny is the people saying that this could ruin the gaming industry. lol.

There's money to be made in the gaming industry, and no one is going to stop developing games because of piracy. Look at all the programs on PC that are pirated. I doubt the pirates keep updating them every year. You guys need to look at what's logical. This isn't going to change anything. Sony and developers will just make it harder for people to pirate games on the PS3. No one will stop making games...

zag2621d ago


It's silly to say that as The pirate bay used that for a good 5 or so years before getting sued twice losing twice and having multi million dollar fines against all the people and ended up in jail.

Sure US laws can't be applied but that also doesn't mean you are free to hack stuff while hacking might be legal it might not in euro laws.

but Sony might not fuss majorly about FoF for now as they have Geohot screwed in the US.

Notice that all of FoF's real names and their nick names are used, so if they have all their real names I wonder how much info they actually have on everyone in that group.

As I said people disappear, suddenly go away maybe never to be found again.

Being sued might not be all that bad.

At the end of the day everyone will end up in court at some point, Sony is multi national so it's not like they can't sue them.

insomnium22620d ago (Edited 2620d ago )


I give the comment of the day to you. There were many runner ups too and I'm sure you know who they are.

The Lazy One2620d ago

"so I guess if someone agrees that they will give a person 100 dollars if the packers lost against the eagles in a legal document they wouldn't have to and could just make up excuses? no they couldn't, Sony's ToU is a legal agreement so you are breaking the law in a sense if you break it"

it's more along the lines of someone making a bet that if the packers won they'd kill someone in a legal document. If the legal document itself has conditions that are illegal it is null and void and the party has no contractual obligation to do anything. And in Europe you are allowed to do whatever you want with your hardware. This lawsuit is going nowhere.

the result is not a dead console industry. The result is a console industry where the manufacturers make sure their system is truly secure before they release it. If sony had just seeded one random number, their system would still be relatively secure. They didn't. That is not hackers faults.

the industry will be FINE. Steam is doing great on the largest open platform around, and the Wii and 360 are both selling better than the PS3 and they are both hacked.

+ Show (36) more repliesLast reply 2620d ago
NewMonday2621d ago

Q: what deters crime?
1-ignoring criminals
2-encouraging criminals
3-punishing criminals

Eamon2621d ago

depends if there is a crime though. And that's up to the judge to decide. =/

Kurt Russell2621d ago

And it also depends on what the crime is. The worlds not black and white newmonday - wake up.

Carbide72621d ago

In all honesty, the only one who seems to be in control here are Sony. I can almost hear them snickering at these hackers' efforts.

MmaFanQc2621d ago

@Lord_Doggington indeed you are.

Pandamobile2621d ago

I'm sure Sony have shat their pants a bit over this. I doubt they're all sitting back and having laugh.

Vaud-Villian2621d ago

Any control Sony appears to have is illusion at best. There only way out of this mess is to patch every single security code for the entire library of content on the entirety of the PS3. This includes games from developers that are now defunct. No easy task.

Armyntt2621d ago

I agree with Panda. I think people are looking at this wrong. The hackers arent doing this out of fear but the complete opposite. $ony specifically asked to have them cease and desist through the lawsuit. So the hackers then basically said you cant do a damn thing about it and released it. Now $ony has to sue the whole internet.

MmaFanQc2621d ago

@Armyntt, what george hotz and failoverfail did last days pretty much given the munitions sony needed to sue them seriously, they may have opened pendora box, but they also screwed themselves.

now sony will have the money to pretty much make them so poor they wont be able to afford an internet connection

+ Show (3) more repliesLast reply 2621d ago
UnwanteDreamz2621d ago (Edited 2621d ago )

They should address the hack itself and leave the hackers alone?

So the solution is to ignore the root of the problem?


ScentlessApprentice72621d ago (Edited 2621d ago )

But aside from that, how would it benefit Sony to simply focus on distinguishing the fire and ignoring the gas line? Cut the hackers out and send their a$$es to jail, and they won't be trying to circumvent any solution that Sony provides to the current hack. Divide and conquer!

If Sony were to simply focus on any current hacks alone, hackers would simply waste their days trying to find some OS backdoor and try to break the law and screw Sony over some more.

(Fail0verflow) Claiming that: "you can't put Pandora back in it's box"

Interesting last-ditch swellheaded geek statement, but pointless. Sony and the judicial system can surely but those idiots at Fail0verflow in a box. A big box called Alcatraz Island.

colonel1792621d ago

(Fail0verflow) Claiming that: "you can't put Pandora back in it's box"

Then Sony will bring Kratos to slaughter any hacker that comes their way


IcarusOne2621d ago

It's really sad that your heads are so far up Sony's asses that you don't see this is as corporation vs. the little guys. And if you do see it that way, then it's even sadder that you're against the little guys. Nothing that happens here will hurt Sony, but Sony can definitely hurt these guys, thereby stifling and possibly destroying any future possibility for open content. This is bigger than just mods, hacks, and cheats.

Sony should be doing what we want, not the other way around.

ComboBreaker2621d ago (Edited 2621d ago )

I would be in favor of the little guys, except in this case, the little guys are criminals.

I do not support criminals, no matter how slittle, big, or coporal they are.

metalanime2621d ago


so the fact that they are the "little guys" makes it okay to steal and distribute confidential information that will be exploited and spur only more theft?

Its not about supporting sony, its about a few ignorant shi!ts that think its ok to release confidential information that affects sony and potentially psn users' financially, just because that wasnt their desired effect, but knowing full well that this would be the result.

Its kinda like the oil spill, they only wanted to cut corners, but who knew that ignoring the guidelines could cause unintended results, right?

im sure youre tune would change when your bank info is hacked. Banks are the evil empire after all, its just too bad they have everyones money.

Kalipekona2621d ago (Edited 2621d ago )

I have a feeling that if this was Microsoft suing the hackers all the fanboys on this site would be calling Microsoft evil, blah blah blah...

In fact, when Microsoft banned modded consoles all the Sony fanboys across the net accused Microsoft of some dastardly deed, saying that they only did it to supposedly make people go buy a new console, etc. They didn't stand up for Microsoft's actions to do something about piracy on their console.

Double standards and hypocrisy are rampant.

+ Show (3) more repliesLast reply 2621d ago
Fruit Loops2621d ago


yea they'll get the clap alright jail

Maddens Raiders2621d ago

vs. a pissed off Rico & Sev? I'm taking the latter.

FinalSpartan2621d ago

The Dark Side Is Always Stronger. PS3 true power will be unleashed

- Homebrew
- Emulators
- Apps
- Backup games

so much more....

lil Titan2621d ago

In the new batman movie Robin or should i say the Red Hood said "You cant stop crime! We must learn how to control it." or something like that either way im not jailbreaking my system on risk Sony bricking my $300 PS3...I like playing online

Megaton2621d ago

Hate to see myself agreeing with hardcore Xbros like Mandatory Install over here, but it is what it is. Sony dun goofed.

RememberThe3572621d ago

And what would you have done? Bent over and just let them ram you? Fuck that. You fight back, you put some of them in jail and let the entire community know that they're not gods and that they can be touched.

Megaton2621d ago

Oh I dunno, patch the holes? They play a defeatist game over at Sony.

"People are potentially hacking through Linux? Better not try to fix it, just remove it for all our users".

What was filing lawsuits against these people gonna do? Pretty much only this. It wasn't going to fix anything, just make them look completely iron-fisted and clueless.

ComboBreaker2621d ago (Edited 2621d ago )

Basically, you're saying that if robbers break into your house, you don't sue them, you don't punish them, you just let them go, and you just buy a new lock, and that'll surely teach them to not come back to rob you again?

"I'd do a better job defending my house and let the police deal with it."

But that is what Sony is doing. Defending their house (PS3) better with firmware updates and letting the police and court deal with it through a law suit.

"I don't see how Sony is going to stop these "robbers" simply by going after them."

By going after them and putting them in jail, Sony stop these "robber". How could you possible not see that?

"They're fighting information at this point, and taking it out on a couple people. It's a fool's errand."

They're fighting Geo and the hacker crew at this point, and taking it out on Geo and the hacker crew. It's the smart thing to do. Or would you rather they do not go after Geo, and instead, go after you?

Megaton2621d ago (Edited 2621d ago )

I'd do a better job defending my house. I wouldn't go stalking robbers in the night like Charles Bronson. How often do robbers come back to the same house, anyway? Thanks for the fail metaphor.

I don't see how Sony is going to stop these "robbers" simply by going after them. They're fighting information at this point, and taking it out on a couple people. It's a fool's errand.