GeoHot fights back against Sony

[Dark Drakan]

The legal team representing hacker George Hotz (aka GeoHot) in his court battle with Sony has stepped up its efforts to get him cleared of the charges they have put against him. They are claiming that Sony has misled the court over geographical details. Sony had said that Hotz's use of their PS3 SDK created a relationship between them and Hotz, and that since SCE of America is located in California, that's where the case should be held. However, according to new filings, Hotz is arguing that the SDK is owned by SCE of Japan, and suggesting that Sony has so far failed to prove otherwise.​

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This Court astutely recognized why searching for presence of the SDK would not be relevant to jurisdictional discovery, yet SCEA represented that it was relevant and necessary because the SDK contains information that SCEA is in California. The Court permitted such inspection based on SCEA's representations. Mr. Hotz's counsel, while disagreeing, also relied on SCEA's representations. Now it appears that SCEA continues to deliberately misrepresent its position in order to gain the ability to perform a search on Mr. Hotz's drives that otherwise would not have been authorized.

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Sony countered with...​

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SCEA is the exclusive distributor of the PS3 System SDK in the United States.... SCEA's counsel even confirmed in an e-mail to Mr. Kellar, attached hereto as Exhibit 5, Specifically, the SDK contains an electronic Reference Tool Instruction Manual that references SCEA and lists the company as Developer Support for the tool. The electronic manual is distributed as part of the SDK within the United States.

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Hotz's team say that Sony has made "material misrepresentations" to the court and has filed a motion for a protective order.​

The court's decision on whether SCEA has juristiction on the SDK will influence how much the firm can rely on Hotz's impounded hard drives as evidence in the case.​

Sony was this week granted access to search through Hotz's PayPal records.​

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The case continues...​

 

[Arseface]

Wait, what happened?

 

[Dark Drakan]

As its SCE USA thats launched the legal battle against him he is claiming that the SDK for the PS3 is owned by Sony Japan so they must launch legal proceedings against him there and the case must also be held there. So he wants a protective order issued so that SCE USA cant legally search his impounded hard drives for evidence against him.

 

[Firis]

Always rout for the hackers, lest they kill you.

 

[Arseface]

But what was he doing that got him into that position?

 

[Arseface]

Jailbreaking the PS3 isn't a violation of DRM. If that's all he did, then no laws were broken. The precedent has been set that Jailbreaking in itself isn't illegal.

 

[Skotekal]

Jailbreaking the PS3 isn't a violation of DRM. If that's all he did, then no laws were broken. The precedent has been set that Jailbreaking in itself isn't illegal.

SONY DISREGARDS YOUR STATEMENT

 

[Tsuyu]

Sony can suck the big one. With secuROM and all other crap they've been up to, I've lost all trust in them.

 

[Dark Drakan]

With recent world events im surprised Sony USA dont let the motion be passed that the case be held in Japan etc...

 

[Angel]

Looks like matey-boy is on the run from Sony...rumour currently has it he's in South America. Sony claim he's there to delay having to be brought to trial. All I can see in my mind is a giant PS3 lumbering on its overpriced corners towards the border in pursuit...

Linky linky

 

[Albion Knight]

I seriously hope he is acquitted. Not to put anything against him but if a kid in his basement can hack your system then someone else will do it too.

 

[Arseface]

If anything he's doing them a favour.