You have got to be kidding me here. The whole point of the 5th Amendment is to make it so somebody won't have to self-incriminate themselves. Taking the 5th doesn't make it more or less likely that he would be liable in any way. :rant: And please stop confusing guilt for liability.
Ultimately none of us matter, really all that matters is what impact all of this could have on George. And hopefully the other devs and the scene are not stupid enough to make matters worse for him.
Look at who has more to lose with all of this. If Sony loses, other that spending money on lawyers, nothing has really changed. However if George loses, the impacts it could have on the rest of his life... Does he deserve it, yes and no, like any hacker tampering with closed systems you are somewhat "playing with fire" - you might get burnt, but you chose to take the risk.
I hope 2 things for George's sake - cause really that is what matters, not whether or not we can play homebrew, pirate games, etc. One his lawyer is not out to use this case to make a name for himself (meaning taking things to far for his benefit and not George). Two, George does what is best for himself, not what is best for Sony and not what is best for the scene, but ultimately his choices will benefit one or the other.
Like you said, 5th amendment protects you from self incrimination. So you wouldn't be taking the 5th unless what you had to say would incriminate yourself. This protects against the reasonable doubt standard that must be met in a criminal case, but in a civil case, taking the 5th is just as bad as self incrimination since there is no reasonable doubt standard that has to be met.
The question is , if it goes to court.
Geohot could accept the TOR and bury the case...