Post: Sony response to geohot dismissal appeal
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01-24-2011, 08:21 PM
#1
Fletcher
Banned
Part1:
I. HOTZ HAS DONE “SOMETHING MORE” BY AFFIRMATIVELY DIRECTING HIS
ILLEGAL ACTIVITIES AT SCEA BASED IN FOSTER CITY, CALIFORNIA
Hotz attempts to analogize his conduct to a mere operator of a passive web site that
just so happens to be accessible in California. There is nothing, however, about Hotz’s
activities aimed at SCEA’s California business that can be described as “passive.” Hotz did
not merely make a few postings on a website, but rather he affirmatively induced and
encouraged PlayStation®3 computer entertainment system (“PS3 System”
consumers touse his illegal circumvention devices with the knowledge that this activity would directly harm
SCEA in this District. Hotz’s conduct was deliberately targeted and aimed at SCEA in
California, and it had the predictable effect of causing extreme harm to SCEA at its
headquarters in Foster City, California. Hotz is not permitted to avoid California jurisdiction
by aiming his malicious conduct at a California business from a New Jersey address.
In his supplemental brief, Hotz tries to refute this fact by characterizing his website as
“passive” and claiming that he “neither encourages nor facilitates illegal circumvention
devices to be downloaded on his website.” Supplemental Brief, pp. 12, 13. This is false.
Not only does Hotz publish the “Metldr Keys” on his website, he also provides links on his
website to his other circumvention devices, including the 3.55 Firmware JailBreak and
the Signing Tools, encouraging and enabling individuals to download these
circumvention devices, and thus facilitating video game piracy. See Declaration of
Ryan Bricker filed on January 11, 2011 (“Bricker Decl.”
, ¶¶22, 21, Exhs. U, T. And contraryto his after-the fact denials, Hotz deliberately aimed his conduct at SCEA in this District when
he published the “Metldr Keys” on his website and wrote to SCEA: “if you want your next console to be secure, get in touch with me.” Bricker Decl., ¶22, Exh. U.1 In addition,
Hotz has touted his illegal hacking exploits on his interactive “On the PlayStation 3” blog
(Second Supplemental Declaration of Ryan Bricker filed on January 13, 2011,¶4, Exh. C
(“Second Suppl. Bricker Decl.”
). On that blog, Hotz openly interacts with others regardinghis hacking of the PS3 System.2 Additionally, Hotz has used other interactive tools based in
this District, such as Twitter and YouTube, to report on his hacking of the PS3 System. Id. at
¶¶2-3, Exhs. A-B; Bricker Decl., ¶24, Exh. W.
As the above demonstrates, Hotz’s unlawful conduct – the unauthorized accessing
of the PS3 System, circumvention of its technological protection measures, and trafficking
in circumvention devices that enable the piracy of video games – is both intentionally aimed
at and had the effect of injuring SCEA in the Northern District of California where it has its
principal place of business.3 Hotz was well aware of the impact of his conduct on SCEA
and game publishers. Bricker Decl., ¶27, Exh. Z. Consequently, there can be no doubt
that Hotz’s unlawful conduct satisfies the Ninth Circuit’s test of “something more” indicating
that Hotz “purposefully (albeit electronically) directed his activity in a substantial way to the
forum state.” Cybersell, Inc. v. Cybersell, Inc., 130 F. 3d 414, 418 (9th Cir. 1997);
Panavision Int’l, L.P. v. Toeppen, 141 F.3d 1316, 1320 (9th Cir. 199
. To find otherwisewould allow a hacker to intentionally distribute circumvention devices in California with the
knowledge that a California business is being harmed, while preventing a California court.
Part2:
In his declaration, Hotz now summarily denies that he sought employment from SCEA.
Declaration of George Hotz (“Hotz Decl.”
, ¶15. It does not matter, however, how he nowretroactively characterizes his conduct – the fact remains that his statement conclusively
demonstrates that his conduct was expressly targeted at SCEA in California. Indeed, Hotz
even states that “t would be fun to be on the other side.” Bricker Decl., ¶22, Exh. U.
2 In attempting to avoid jurisdiction, Hotz disingenuously argues that since Google maintains
the site, Google is responsible for its interactivity and not Hotz. Yet it is Hotz who chose to
blog about his unlawful conduct and to have discussions with third parties regarding that
same conduct over the Internet.
3 Hotz’s conduct also has had the effect of harming other publishers of games for the
PlayStation 3, many of whom are based or located in this District, including, for example,
Electronic Arts (Redwood City).
from taking action to protect its residents who have been tortiously injured. See
Panavision, 141 F. 3d at 1324.
II. HOTZ FAILS TO UNEQUIVOCALLY DENY HOLDING A PLAYSTATION
NETWORK (“PSN”
ACCOUNTHotz again fails to unequivocally deny that he has, or has ever had, a PSN account.
In his supplemental declaration, Hotz merely – and carefully – denies that he has ever
accessed the PSN to install a firmware update. See Hotz Decl., ¶¶11-13.4 Hotz also claims
to have accessed the PS3 System firmware not through the proper channels of the SCEA
website, but instead “via direct download links available on the internet.” Hotz Decl., ¶11.
Though he disavows association with various email addresses in SCEA’s database, he
pointedly does not state that he has not now, nor has he ever, maintained a PSN account.
His failure to unequivocally deny that he has held a PSN account is telling.
Hotz’s attorney further submits a declaration attempting to show that the PSN does
not have to be accessed when updating firmware via the PlayStation website. See
Declaration of Yasha Heidari. However, even if the firmware was downloaded pursuant to
the PlayStation website as done by Hotz’s attorney, the user is still subject to the PlayStation
website’s terms and conditions at You must login or register to view this content..
These terms prohibit, among other things, “using, making or distributing unauthorized
software or hardware in conjunction with the Sites, or taking or using any data from the Sites
to design, develop or update unauthorized software or hardware.” The terms also include
a forum selection clause and consent to jurisdiction in San Mateo County, California.
They also incorporate by reference the terms of the PSN User Agreement. Therefore, a user
who downloads the firmware via the PlayStation website, instead of the PSN, nonetheless
consents to jurisdiction in California.
III. CONCLUSION
Hotz’s unlawful conduct is intentionally directed at SCEA in the Northern District of
California and is causing substantial harm to SCEA here, warranting this Court’s exercise of
personal jurisdiction. Hotz has failed to show otherwise. Accordingly, SCEA respectfully
requests that the Court grant its Ex Parte Motion for a Temporary Restraining Order.
Download of PDF: (easier to read)
https://www.mediafire.com/?gq2au9abcp2ocon
01-24-2011, 08:28 PM
#3
cozmo195
Grunt
Originally posted by iCoNtrOlzZ
In less words this means?
Geohot : screw this, I'm getting this dismissed
Sony : Hell no!, we gonna sue the f*ck out of you!
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01-24-2011, 08:32 PM
#4
Herbal_T_Bag
You talkin to me?
So were they basically telling him to cease and desist and lube up for penetration
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01-24-2011, 08:33 PM
#5
vSaBoTeuR x
< ^ > < ^ >
Originally posted by cozmo195
Geohot : screw this, I'm getting this dismissed
Sony : Hell no!, we gonna sue the f*ck out of you!
Sony : Hell no!, we gonna sue the f*ck out of you!
Thanks for the translation!
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01-24-2011, 08:33 PM
#6
mEdiivalXvirrus
Brute
what a bunch of jews....Sony needs to just shut up and let us play. honestly, do you see Microsoft up in arms about shit like piracy? Oh wait, Sony just sucks so they have to cry and complain about something. -__-
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01-24-2011, 09:18 PM
#10
forumjunkie
Haxor!
Read geohotz's arugment -> Think he will win -> read Sony's rebuttle -> think Sony will win.
I hope that Sony get their heads out of their arses and fix their system instead of sueing the guy who exploited a failure in THEIR security.
I hope that Sony get their heads out of their arses and fix their system instead of sueing the guy who exploited a failure in THEIR security.
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