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:
03-30-2011, 12:39 PM
#66
al9522
I defeated!
Originally posted by iGamerXx
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:
thats what I have been trying to explain the whole time not everyone wants to play in hacked lobbies and even if Geo doesnt play COD other hackers will be able to hack it using his CFW
03-30-2011, 02:05 PM
#69
Invalld
Bounty hunter
I hope geohot wins, although i want his jailbreaks and his programs to stay offline i dont want psn to be filled with hacked lobbies everytime you try to play a game, although i dont want to see geohot get into shit he didnt do anything wrong people who took it too far got him into this shit because some people cant control themself,
Btw you can -rep me if you want it wont change my life
Btw you can -rep me if you want it wont change my life
03-30-2011, 02:37 PM
#70
-Skyline
Anonymous
Originally posted by iGamerXx
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:
Then that'd be up to the Developers of the games to make sure they address vulnerabilities that Hackers exploit to make Modified Lobbies.
Also don't forget that Call of Duty hacks on PS3 were out long before a Custom Firmware arrived.
Originally posted by al9522
thats what I have been trying to explain the whole time not everyone wants to play in hacked lobbies and even if Geo doesnt play COD other hackers will be able to hack it using his CFW
The PS3 had Modded Lobbies before CFW was even in the works!
03-30-2011, 03:20 PM
#71
robad1
Climbing up the ladder
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
Firstly i disagree. GeoHot has every right to hack a piece of equipment that he, like us paid money for. Its like saying you just bought a car but cant modify it cuz we will sue! He made it possible (although kmeaw took this a step further) for games to be hacked but I am 100% certain that he didn't suddenly work out one day that he could be better at mw2 (the most hacked game out) if he did this!! You are entitled to your opinion but if that is your opinion then why are you on a site that has multiple entries for hacks and cfw? also challenge lobbies are freely advertised? Yet i dont see your name on those threads condemning them? As for legit playing I earned my titles (except 11th on mw2 obviously!!) legit through hard work and long nights of play. It was some noob that decided one day to derank me and take all my titles emblems etc off me that lead me to this site and i thank him for that!! I have now learnt far more than i ever knew and have access to Cfw that makes my PS3 mine not Sonys.
03-30-2011, 09:40 PM
#73
BubbaBBQ_JR
Who’s Jim Erased?
Originally posted by kroxldyphivc
how the **** cares? Nobody plays ps3 anymore. Everyone plays xbox360, because microsoft doesn't sue everyone's damn ass off.
note: I was a sony fanboy.
note: I was a sony fanboy.
gtfo fanboy
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