Sony Hits Snag in PS3 Hacker Court Case

January 14, 2011 -

Wired reports that Sony's lawsuit against PlayStation 3 hacker George Hotz hit a snag today when a federal court judge questioned whether California was the right jurisdiction to hear the case.

Sony sued Hotz on Tuesday, alleging that when Hotz posted the code to crack the PlayStation 3, he breached the Digital Millennium Copyright Act’s anti-circumvention provisions. Sony asked the court to compel Hotz to remove any code he uploaded last week.

U.S. District Judge Susan Illston said she had concerns about whether or not the lawsuit should be tried in her courtroom. She also wondered if New Jersey, Hotz' home state, would be a better venue to try the case - after all, this was where Hotz' conducted most of his internet activities.

"I’m really worried about the jurisdictional question," the judge said from the bench during a 20-minute hearing - reports Wired.

Attorney James Gilliland Jr., representing Sony, argued the case should proceed in San Francisco because Hotz posted the hack using Twitter and YouTube, and that he had received donations via PayPal. Hotz’ attorney denied the allegation that he ever received donations.

By that logic, the judge countered, "the entire universe would be subject to my jurisdiction."

Gilliland countered that the PlayStation 3's terms-of-service agreement requires that all legal disputes be settled in federal court in California.

"Serious questions have been raised here," the judge said, adding that she would rule at a later date.

We'll continue to follow this story as it develops.


Comments

Re: Sony Hits Snag in PS3 Hacker Court Case

The PlayStation Network agreement stipulates this.  That's the entire basis for the jurisdiction argument, as I understand it.  This has absolutely nothing to do with the PSN.  Hotz didn't use any PSN code in his hack, and he doesn't even have a PSN account.  He never would have agreed to those terms at any point.  Sony is full of shit on this one, though that's not surprising.

Re: Sony Hits Snag in PS3 Hacker Court Case

Strange, I didn't know that corporations could dictate to judges whether they should be trying a case or not through paperwork the judge wasn't even aware existed. I thought it was about the jurisdiction under law, not what the Corporation wants, that defined these things?

Re: Sony Hits Snag in PS3 Hacker Court Case

My thoughts exactly. I can understand that clause in the user agreement working in Sony's Defense when someone sues sony, but how could it possibly work in favor of sony sueing someone else.

Sounds like a clause the RIAA would use to prevent poor people from being able to travel to mount a defense.

Re: Sony Hits Snag in PS3 Hacker Court Case

Part of the case probably concerns a breach of the EULA, and the jurisdiction clause contained within it would apply; and might allow Sony to make the claim in that jurisdiction. Essentially both parties have agreed to resolve any dispute in a particular jurisdction in the contract itself.

However, the claim under the DMCA would not be affected by the jurisdiction clause and that may be why the judge is nervous over taking that claim wihtout proof as to her jurisdiction in the matter.

Gus

Re: Sony Hits Snag in PS3 Hacker Court Case

I wasn't aware that the RIAA could do that, even though it makes sense.

 - W

Consumer responsibility is just as important as Corporate responsibility. So, be responsible consumers.

Re: Sony Hits Snag in PS3 Hacker Court Case

I can't say for sure that the RIAA lawyers have done this, they just came to mind, but it is a well known legal strategy, and it's been used LOTS.

You live in New York

Someone you want to Sue lives in Australia.

You sue them in the state of new york, knowing they cannot come to defend themselves.

 
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Krono@quiknold So you're saying that it's way out of line for an abuse victim to out their abuser? Because if you actually read the logs he posted, that's exactly what Eron is, a victim of emotional abuse.09/19/2014 - 9:40pm
Neo_DrKefkaI wish there was an, "I don't care." for the whole Minecraft poll thing09/19/2014 - 9:27pm
TechnogeekMy third "dart" wound up hitting a Chinese website for soccer scores, and the fourth hit Pokemon.com. Not one of those had anything to do with white guys getting harassed because they're white guys.09/19/2014 - 8:56pm
TechnogeekFor the record, I actually tried "throwing a dart at the Internet", or at least approximating it as best I could by zooming in at random spots on internet-map.net. First hit was a perfume seller, and then some sort of insurance spammer.09/19/2014 - 8:56pm
Technogeek"While you could throw a dart at the internet and find a site where Gamers in General are being harassed, doxxed, hacked, just because they are being perceived as white males." http://www.youtube.com/watch?v=FopyRHHlt3M09/19/2014 - 8:47pm
Andrew EisenSarkeesian and Quinn continue to get harassed and attacked (with the majority of said harassment and attacks being about their gender) and so, the story stays in the headlines. If Wolfe gets swatted again, it will be in the news again.09/19/2014 - 6:56pm
Andrew EisenYou mean Wesley Wolfe? The swatting appeared to be over his DMCA takedown, not due to his color or gender.09/19/2014 - 6:53pm
ConsterSo Sleaker, what's the sand like?09/19/2014 - 6:53pm
quiknkold@CraigR. Spreading Misandry is not going to kill Misogyny. Its just going to fuel it. half the people supporting that arguement are mysoginists themselves. They just dont know it.09/19/2014 - 6:51pm
Sleaker@CraigR - there's nothing to get over. There's no issue here until someone does an actual study on harassment rates.09/19/2014 - 6:48pm
quiknkoldWe never said Gamers were the only victims. Yes, Anita and Zoe got a bad rap. Yes, Zoe's ex was way out of line. Do I disagree with them? Depends on the arguement. Did they deserve what happened to them? Hell Effing No.09/19/2014 - 6:48pm
Sleakerbut news outlets have a tendency to blow up and sensationalize it if the person can be desrcibed as a minority, maybe because it gets the hits. How long were the 2 recent swattings in the news for? 1 was a white male developer....09/19/2014 - 6:47pm
Craig R.Get over it.09/19/2014 - 6:46pm
Craig R.Gamers are just lucky that their behavior wasn't brought to attention of everybody else sooner, and gamers are pissy about that09/19/2014 - 6:46pm
SleakerIn fact, just because a few female developers every year get harassed doesn't make it systematic. As a whole developers are harassed by people.. Swatted, etc.09/19/2014 - 6:46pm
Craig R.And if you don't think misogyny and sexism is widespread, then you're living with your head buried in the sand09/19/2014 - 6:45pm
Craig R.Apparently it's the gamers who are the only victims from GamerGate09/19/2014 - 6:44pm
Sleaker@AE - 1 person getting harassed is a problem. But just because 1 person gets harassed for being a female developer doesn't mean it's a systematic problem or indicative of a whole demographic.09/19/2014 - 6:44pm
Andrew EisenI don't believe anyone said or even remotely implied that harassing anyone was okay.09/19/2014 - 6:41pm
quiknkoldGeneral are being harassed, doxxed, hacked, just because they are being perceived as white males. And what about the White Males who are victims. Its ok to harass them? Anita Sarkeesian gets a bomb threat yeah, but what about the others.09/19/2014 - 6:36pm
 

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