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.

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.


The PS3 had Modded Lobbies before CFW was even in the works!

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

Your right they were there.... Butttttt they were never made public , and yyou can join any legit game, and the modded lobbys would be just offline...

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

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.

Everyone plays xbox 360? No they dont! about 70/80% of the people i know have a ps3 instead of an xbox.
Why wouldn't sony try and sue geohot? he is loosing them ALOT of money .
I'm on neutral grounds.
I think its cool that you can have free downloaded FULL games on your ps3 etc
But i also would like sony to stop assesive amount of ps3 hacking as hacking(such as CL's on cod) was so bad in recent times. Its just gone past the point of fun and is getting boring, dull and just stupid. (not flamming hackers here). But i dont mind the odd CL, but i do want to play mw2 as i should be supposed to play it.

gtfo fanboy

console piracy is for fags

---------- Post added at 08:03 AM ---------- Previous post was at 07:58 AM ----------


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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