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, 11:02 PM
#56
chickensamw1993
Grunt
Originally posted by daswiftguy
sony should just give geohot a job lol
03-29-2011, 11:03 PM
#57
-Skyline
Anonymous
Originally posted by al9522
if sony wins they will be able to ban the hackers but if Geo wins sony will be powerless against the hackers and wouldn't have any way to deal with them PS3 still has a chance if they get this win
I bet that even if Geohot wins, Sony will still be enforcing ridiculous Rules and TaC's
03-29-2011, 11:33 PM
#58
Black-Ops-
I <3 NGU!
The real sad thing is while people here are hating each other and what not over their own opinions, while trashing people for supporting who and what not. It's good to point out none of us know what's going on behind doors as pertaining to Sony and George Hotz.
He did say he was willing too work for them if Sony did indeed offer him one (Hope he does because it will help Sony in the future when developing PS4 and making it nearly impossible for people to hack it so easily.
Please Note that what I said above is aimed at the sake of the next generation of consoles.
This is just my opinion and you can feel free to quote me if you want a reply back!
Thanks
03-29-2011, 11:57 PM
#59
Ehhx
:fa:
Originally posted by TrueSkyl1n3
If Sony wins, they will get eternally hated (as far as boycotted?) by Gamers.
If Sony loses, they will continue to have their PS3 console hacked and Geohot will be branded a hero amongst fellow Gamers/Hackers.
If Sony loses, they will continue to have their PS3 console hacked and Geohot will be branded a hero amongst fellow Gamers/Hackers.
By Hackers/ Not by gamers.... Real gamers don't want to be in a hacked lobby everytime they join a game , so they would love sony :love:
The following user thanked Ehhx for this useful post:
03-30-2011, 12:04 AM
#60
iTruceFret
[move]From now on, call me DRAGON.[/move]
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.
I'd thank you, but I'm all out. And yes. We bought it with their ridiculous price, therefore, we own it. Period. End of story. Sony's just too stupid to understand that it's rightfully our console once we pay for it, and the taxes. They can suck a ****.
03-30-2011, 02:03 AM
#62
Millz
Worth the Weight
You cannot say no one plays PS3. If you do, then go read a children's book and learn how to spell.
Millions of people want to play the games the way they were meant to be played. A few thousands feel the need to hack because it apparently makes them feel like they have a bigger *ick. It doesn't and shows how desperate people are to ruin others fun.
And no one wants a hacked console. Even hackers don't. They want to have fun. How would you feel having a unplayable $300 item in your house, just sitting there.
-Rep me, do whatever you please, as REP should NOT control peoples minds. The truth should.
Millions of people want to play the games the way they were meant to be played. A few thousands feel the need to hack because it apparently makes them feel like they have a bigger *ick. It doesn't and shows how desperate people are to ruin others fun.
And no one wants a hacked console. Even hackers don't. They want to have fun. How would you feel having a unplayable $300 item in your house, just sitting there.
-Rep me, do whatever you please, as REP should NOT control peoples minds. The truth should.
03-30-2011, 08:20 AM
#63
Ryan_ward1
Splicer
if sony seems to think that they own the console then they can pay for my electricity bill hehe 
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