Post: Geohot's Legal Team Fires back At Sony
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03-29-2011, 02:39 PM
#1
Ryan_ward1
Splicer
Originally posted by another user
The hacker being sued for altering the firmware on the PlayStation 3 has fired back at Sony Computer Entertainment America's attempt to get the case heard in California.
SCEA's original lawsuit says George Hotz, aka geohot, violated copyright and the Computer Fraud and Abuse Act by publishing a "jailbreak" for the PlayStation 3 that allows the console to run other operating systems. Sony's complaint also says Hotz acted to circumvent the copy protections built into the device and "trafficked in circumvention devices and components thereof." The trafficking refers to Hotz publishing the code on his blog.
Hotz and his legal team say it should be in New Jersey, where Hotz lives. If Sony can show that Hotz's actions were aimed at SCEA, the arm of the company that sells the PS3, then the judge could grant its motion to have the case tried there. But the company has to tie Hotz to California, either by showing concrete harm aimed there or by tying him to such activity in the state. (SCEA is located in Foster City).
Hotz's lawyer, Stewart Kellar, has argued against hearing the case in California because it would be a hardship for Hotz to travel there and it would set a precedent for companies being able to sue anyone, anywhere, on relatively flimsy grounds.
In the latest filings, Kellar says SCEA isn't even a subsidiary of Sony Japan, which is the actual producer of the PlayStation 3 and the entity that should be suing. Also, Hotz wouldn't have known that SCEA even existed, unless he read the manuals carefully and even then, the PlayStation's system, software and packaging all point to Sony Japan as the producer, according to Hotz's lawyers. Therefore his actions weren't directed at SCEA.
Hotz, in a declaration to the court, says he also didn't use the PlayStation Network to obtain the firmware he modified, so he isn't bound by the PSN's terms of service. In arguing for moving the suit to California, Sony cites the terms of service that say anyone who uses the PlayStation Network agrees to have disputes with Sony brought to court in San Mateo County.
Sony also says a large number of people downloaded Hotz's jailbreaking software live in California. Therefore, the company argues, the case should be heard in California because the harm Sony suffered (the jailbreaking) occurred there. Hotz's lawyers say the web site was a "passive" one, and Hotz wasn't selling the software. He also didn't solicit traffic. While thousands in California downloaded the jailbreaking software, just as many from other jurisdictions did as well.
The legal briefs also spar over who was complying with the discovery process, or not. Sony says that Hotz has thwarted discovery, removing vital components from the hard drives of the PS3 systems he delivered. When the company asked for the components, "Hotz's counsel responded that Hotz was in South America." Hotz's lawyers fired back, saying that Sony itself has abused the process by issuing frivolous subpoenas and filing under seal documents that are available publicly on the web.
SCEA's original lawsuit says George Hotz, aka geohot, violated copyright and the Computer Fraud and Abuse Act by publishing a "jailbreak" for the PlayStation 3 that allows the console to run other operating systems. Sony's complaint also says Hotz acted to circumvent the copy protections built into the device and "trafficked in circumvention devices and components thereof." The trafficking refers to Hotz publishing the code on his blog.
Hotz and his legal team say it should be in New Jersey, where Hotz lives. If Sony can show that Hotz's actions were aimed at SCEA, the arm of the company that sells the PS3, then the judge could grant its motion to have the case tried there. But the company has to tie Hotz to California, either by showing concrete harm aimed there or by tying him to such activity in the state. (SCEA is located in Foster City).
Hotz's lawyer, Stewart Kellar, has argued against hearing the case in California because it would be a hardship for Hotz to travel there and it would set a precedent for companies being able to sue anyone, anywhere, on relatively flimsy grounds.
In the latest filings, Kellar says SCEA isn't even a subsidiary of Sony Japan, which is the actual producer of the PlayStation 3 and the entity that should be suing. Also, Hotz wouldn't have known that SCEA even existed, unless he read the manuals carefully and even then, the PlayStation's system, software and packaging all point to Sony Japan as the producer, according to Hotz's lawyers. Therefore his actions weren't directed at SCEA.
Hotz, in a declaration to the court, says he also didn't use the PlayStation Network to obtain the firmware he modified, so he isn't bound by the PSN's terms of service. In arguing for moving the suit to California, Sony cites the terms of service that say anyone who uses the PlayStation Network agrees to have disputes with Sony brought to court in San Mateo County.
Sony also says a large number of people downloaded Hotz's jailbreaking software live in California. Therefore, the company argues, the case should be heard in California because the harm Sony suffered (the jailbreaking) occurred there. Hotz's lawyers say the web site was a "passive" one, and Hotz wasn't selling the software. He also didn't solicit traffic. While thousands in California downloaded the jailbreaking software, just as many from other jurisdictions did as well.
The legal briefs also spar over who was complying with the discovery process, or not. Sony says that Hotz has thwarted discovery, removing vital components from the hard drives of the PS3 systems he delivered. When the company asked for the components, "Hotz's counsel responded that Hotz was in South America." Hotz's lawyers fired back, saying that Sony itself has abused the process by issuing frivolous subpoenas and filing under seal documents that are available publicly on the web.
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The following 5 users say thank you to Ryan_ward1 for this useful post:
03-29-2011, 06:16 PM
#21
Ryan_ward1
Splicer
well i think if sony wins then they will want to tie down all of the hackers as well.
But if sony loses this then they have spent too much just for a simple case. Also if they loose, then i think jailbreaking the console will become legal
But if sony loses this then they have spent too much just for a simple case. Also if they loose, then i think jailbreaking the console will become legal
03-29-2011, 06:17 PM
#22
Strikers
NGU FTW
Originally posted by al9522
i hope that that GeoFag loses he has no right to go and hack something like a ps3 and think its ok I mean it ruined games for people who tried to play legit and also pirating games which isnt right I know I am going to get a lot of hate 4this but IDC this is my opinon and I hope sony wins
Well sir, while I do not agree with your opinion, I will fight to the death your right to say it. :FU:
03-29-2011, 06:21 PM
#23
Ryan_ward1
Splicer
Originally posted by xVzS
Originally posted by ward1
well i think if sony wins then they will want to tie down all of the hackers as well.
But if sony loses this then they have spent too much just for a simple case. Also if they loose, then i think jailbreaking the console will become legal
tie them down? who? the other cfw makers?
But if sony loses this then they have spent too much just for a simple case. Also if they loose, then i think jailbreaking the console will become legal
tie them down? who? the other cfw makers?
yr like the other hackers. sorry for my grammar errors
03-29-2011, 06:22 PM
#24
chickensamw1993
Grunt
Originally posted by al9522
i hope that that GeoFag loses he has no right to go and hack something like a ps3 and think its ok I mean it ruined games for people who tried to play legit and also pirating games which isnt right I know I am going to get a lot of hate 4this but IDC this is my opinon and I hope sony wins
r u on the right website ? sure u have a right to say what you think of geohot and no 1 can change your opinion but i think he is a legend and so do many ppl on this site so by putting that post your going to get flamed and hated by many ppl on here because this site is mostly about hacking :n:
03-29-2011, 06:25 PM
#25
Ryan_ward1
Splicer
Originally posted by chickensamw1993
r u on the right website ? sure u have a right to say what you think of geohot and no 1 can change your opinion but i think he is a legend and so do many ppl on this site so by putting that post your going to get flamed and hated by many ppl on here because this site is mostly about hacking :n:
well said m8. im totally backing you on this one :rolleyes::rolleyes::rolleyes:
03-29-2011, 06:32 PM
#27
chickensamw1993
Grunt
thanks nd i see u suport newcastle i live close to there
03-29-2011, 06:37 PM
#28
ReVo-ReVoLuTi0n
Haxor!
Originally posted by TrueSkyl1n3
Geohot, the man himself has stated that he has no interest in piracy and profitable gain using the Jailbreak!
If you end up in a modified game of Call of Duty, blame the maker of those mods, not Geohot!
Besides, I paid £500 when I got my first PS3, I think I'm entitled to do whatever I want with it, it's in my household so it's my property.
If you end up in a modified game of Call of Duty, blame the maker of those mods, not Geohot!
Besides, I paid £500 when I got my first PS3, I think I'm entitled to do whatever I want with it, it's in my household so it's my property.
Yeh i agree with you there do we own the consele or do sony? aswell why they sueing geo hotz he not makin profit from it and he coded it so it didnt surrport priatcy.Plus when i got the yload or yellow light of death on my ps3 sony wanted money to fix it when its there fault and they sayin we cant jailbreak our ps3's what is it sony is the ps3 our's or is it there's.
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