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.

i know but i really need it sold

how old and has it ever had ylod and proof

how old and has it ever had ylod and proof

i am going to upload a video and nope never had a ylod go bid ill hav vid by tonight and if u dont want it you can always back out

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and it has rocky coldboots

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witch means it starts up rockn to the rocky music

how old is it pm me

We just went from Geohot facing Sony to a kid talking about geohot lossing to cities i never heard of to selling ps3 Dammit STAY ON TOPIC ...

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.

yea you might be right he doesn't but other people do they will use his CFW to pirate games and it doesn't seem right.

I know, but that's still not his fault.

If you got a car, say a Ford Focus, and you loved it to bits as it was the best thing since sliced bread, and then someone took it and modified it to exceed it's limit, and then you crashed, you can't blame the Focus, it was fulfilling it's own promised purpose... until a guy came along and ruined it.

Get it?

yea I get what your saying I just think that if Geo wins that the ps3 will be completely filled with hackers and no one will be able to play legit again but I respect I can your point of view also

I believe that regardless of the outcome there's always going to be hackers-galore on PS3, Sony has made many enemies with Hackers after what they've done, no stopping it now IMO.