Gophermods PS3 YLOD Repair

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Sony may just lose this one(sadly)
01.24.2011
12:49 pm
Enthusiast
Forum Posts: 228
Member Since:
01.21.2011
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http://i307.photobucket.com/albums/nn290/gajason143/ps3-it-only-sues-everyone.jpg

Looks like Mr George Hotz is going to get his case dismissed. Appears Sony has not met the burden of proof to keep the case within California.

Quote:
The only evidence it has put forth to prove Mr. Hotz has entered the
 

PSN Agreement is an improperly authenticated screen shot of a PSN

Network account with the username “Geo1Hotz.” Declaration of Gilliland

Exh. A. Mr. Hotz does not own or have access to this account. Mr. Hotz

does not live in Rhode Island, does not use the name “Geo1Hotz” which,

in contrast to Mr. Hotz‟s common handle, utilizes capital letters and a

numeral, and Mr. Hotz was not born in 1995 as in the screen grab. Id.

Sony further falsely states that Mr. Hotz is “reffered to online as

„GeoHot.‟” This is untrue. All exhibits submitted by Sony purport to

show that Mr. Hotz goes by the internet name “geohot” without any

capitalized letters or numerals.

Quote:
In the present case, Sony cannot demonstrate that Mr. Hotz‟s
 

activity could even arguably be construed as expressly aimed at

California. To the contrary, the sole alleged tortious activity alleged

in this action involves Mr. Hotz– who is located in New Jersey–

purportedly improperly accessing portions of his own Playstation

Computer– which is also located in New Jersey. Sony's primary

allegation is that Mr. Hotz violated the circumvention provisions of the

Digital Millennium Copyright Act (“DMCA”) by allegedly circumventing

control access to the Playstation Computer. Sony also includes various

other inexplicable claims for good measure, including Mr. Hotz violating

the Computer Fraud and Abuse Act and the California Computer Crime Law

for allegedly "exceeding access" to Mr. Hotz's very own Playstation

Computer, as well as for Mr. Hotz purportedly "trespassing" on the very

Playstation Computer he lawfully purchased and owns. Sony also alleges

that, by engaging in such conduct, Mr. Hotz has breached the PSN TOS

(which is actually not applicable to Mr. Hotz as demonstrated above).

Nonetheless, this suit centers around the allegation that Mr. Hotz

improperly accessed portions of his Playstation Computer.

Quote:

Sony thinks that an unnamed defendant called “Bushing” resides in

California but this person remains a Doe defendant, is not named as a

defendant, and has not been served with process. Further, all evidence

put forth by Sony regarding “Bushing” is improperly authenticated

hearsay. This court should not rely on Sony‟s speculation of a Does

defendant‟s place of residence to assert jurisdiction over a nonresident

who is actually named with an address that has been identified, in New

Jersey. Further evidence in this matter is found primarily on the

internet.

Contrary to Sony‟ assertions, most of the physical evidence and Mr. Hotz

himself, are located in the state of New Jersey. The bulk of Sony‟s

claims regard evidence found on Mr. Hotz‟s media devices and in Mr.

Hotz‟s testimony as a witness. Other than those items, the bulk of the

evidence Sony puts forth may be found on the internet which is

accessible just as easily in New Jersey as in California.

Sony relies on the unsubstantiated residency of the unnamed defendant

“Bushing” as a basis for California being the best forum. However,

“Bushing” has not been identified, named, served, or connected with Mr.

Hotz in any way that would warrant bringing the only identifiable

defendant out to California. If “Bushing” does exist and can be

ascertained at a later date, Sony would have to amend the complaint to

properly name him/her which has not occurred. Thus, New Jersey is an

alternative forum that exists to provide Sony with adequate relief. If

Sony can obtain jurisdiction by merely including a hypothetical

defendant by the name of “Bushing” that may live in California, then any

Plaintiff can file suit in California and obtain jurisdiction by adding

“Bushing” as a defendant.

 

Pheew alot of Lawyer mumbo jumbo there but it makes sense none the less.

Im glad sony is going after these guys but in all honesty the cat is

out of the bag folks. What can Sony accomplish with this?

01.24.2011
12:55 pm
Enthusiast
Forum Posts: 228
Member Since:
01.21.2011
Offline

How come last Quote didnt quote correctly <-shoots self ak47

01.24.2011
12:58 pm
Bear,DE
Guru
Forum Posts: 361
Member Since:
10.04.2006
Offline

No he is filing for a dismissal. Its a common tactic in nearly all court cases. This particular news holds no relevance over the case whatsoever. It will 99% likely get denied.

and this is a scare tactic. Sony doesn't expect to get even, but lay a carpet of turmoil down for would be hackers. A million dollar loss to Sony is trivial, but a 100k loss to the average hacker is devastating.

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