PS3 Jailbreaker Battles for Motion to Dismiss SCEA Case

March 29, 2011 -

In new court documents filed by PS3 jailbreaker George Hotz's attorney, Stewart Kellar, asked that the court ignore recent SCEA filings that make claims about Hotz "running to South America," owning a PlayStation Network account, and deliberately removing data from hard drives submitted to a third-party for inspection by the court. Kellar also asked the court to deny SCEA jurisdiction in California.

The bulk of Kellar's argument are found in this PDF file, but the main thrust of it is that SCEA does not own or create the hardware and firmware that it alleges Hotz tampered with - that destinction belongs to Sony Japan. They also call into question the power of the PlayStation Network terms of service, claiming that Hotz never used the service at all. In fact, Kellar claims, Hotz never accepted the PSN TOS and that Sony has no evidence to prove otherwise.

There are many other arguments that Kellar makes in the PDF, but if you are too lazy to read it Groklaw has a great summary of everything going on in the case with these latest filings.

Below is Kellar's "closing argument" to the court:

"For the foregoing reasons, Plaintiff respectfully requests the Court to sustain these objec-tions and to strike the testimony referred to above. Further, the Court cannot rely on this declaration as it is not made under penalty of per-jury and because it intentionally attempted to hide relevant evidence from the Court by not showing the serial number that SCEA actually found in its database, which does not match the serial number of the Playstation Computer owned by Mr. Hotz."

Source: PSX-Scene

 


Comments

Re: PS3 Jailbreaker Battles for Motion to Dismiss SCEA Case

You don't have to create an account to accept the TOS.

By simply setting up and using the product you're accepting it. 

Its clear as day.  This shouldn't even be a case.

The guy f'd up, and he should get what he deserves. Personally I'd burn him at the stake. 

Re: PS3 Jailbreaker Battles for Motion to Dismiss SCEA Case

Burn him at the stake? You disgust me.

-Greevar

-Greevar

"Paste superficially profound, but utterly meaningless quotation here."

Re: PS3 Jailbreaker Battles for Motion to Dismiss SCEA Case

Yeah, the guys a hacker accused of enabling piracy. Say you want to throw him if the plank if you're okey with murder.

Re: PS3 Jailbreaker Battles for Motion to Dismiss SCEA Case

so by your logic, if i bought diablo 2 but never set up an account with battle.net (and thus never accepted that specific ToS), im still bound by battle.net's ToS?

Re: PS3 Jailbreaker Battles for Motion to Dismiss SCEA Case

In a manner of speaking, yes. But since you're not playing on battle.net, there's no way to break the ToS. Not literally speaking, it's all technical bullcrap. but yeah, the ToS are still there.

"Power means nothing without honor and pride."

http://grifsgamereviews.blogspot.com My video game review site.

Re: PS3 Jailbreaker Battles for Motion to Dismiss SCEA Case

Funny claiming he never accepted the TOS considering you have to accept the TOS to make an account. 

Re: PS3 Jailbreaker Battles for Motion to Dismiss SCEA Case

claiming he never made an account.

Re: PS3 Jailbreaker Battles for Motion to Dismiss SCEA Case

It's a fairly decent argument. This is a civil case and Hotz was under no court order or other obligation to stay in the United States, as long as he maintains communication with his attorney and didn't take anything with him he was specifically ordered to turn over to Sony or the court then yelling about him leaving is completely frivolous.

This case is going to be a nightmare of Electronic Discovery. Judges are notoriously horrible with computer based evidence, they don't understand the tranisitional and necessarily temporary nature of much of the data on a computer.

Should be interesting to see how this proceeds. 

Re: PS3 Jailbreaker Battles for Motion to Dismiss SCEA Case

Sony, how's that ironclad case working for ya?  About as well as that CD protection system a few years ago, I say.

Nightwng2000

NW2K Software

http://www.facebook.com/nightwing2000

Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

Nightwng2000 NW2K Software http://www.facebook.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

Re: PS3 Jailbreaker Battles for Motion to Dismiss SCEA Case

The one they spent millions developing but was foiled by scribbling on the edge with and eighty nine cent marker?

Re: PS3 Jailbreaker Battles for Motion to Dismiss SCEA Case

Actually, yes, this is the one I was talking about.  I LOVE throwing it in their face.  BWHAHAHAHAHA!

Nightwng2000

NW2K Software

http://www.facebook.com/nightwing2000

Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

Nightwng2000 NW2K Software http://www.facebook.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

Re: PS3 Jailbreaker Battles for Motion to Dismiss SCEA Case

Me too 8) They spend millions developing it, and someone breaks it for far less than they paid for it, making it worthless.

Re: PS3 Jailbreaker Battles for Motion to Dismiss SCEA Case

I think he is referring to their root kit fiasco. In which SONY BMG cds installed malware on your computer that disabled many cd rom drives and prevented many 3rd party music players from even playing the cds.

E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma

Re: PS3 Jailbreaker Battles for Motion to Dismiss SCEA Case

Ah, ok, so basically they ruined your 500 dollar computer to protect their 12 dollar CD

Re: PS3 Jailbreaker Battles for Motion to Dismiss SCEA Case

Yeah, pretty much.

E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma

 
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MaskedPixelantehttp://i5.minus.com/iN5o9iu1ON2NG.jpg "It cursed my gear? WHY WOULD IT DO THAT?! THIS GAME IS BUGGED!"04/24/2014 - 9:51pm
Matthew Wilsonthe lose of nn would not be good for us, but it will not be good for verizion/comcast/att in the long run ether.04/24/2014 - 2:16pm
Matthew Wilsonsadly yes. it would take another sopa day to achieve it.04/24/2014 - 2:13pm
NeenekoI am also confused. Are you saying NN would only become law if Google/Netflix pushed the issue (against their own interests)?04/24/2014 - 2:10pm
E. Zachary KnightMatthew, you are saying a lot of things but I am still unclear on your point. Are you saying that the loss of Net Neutrality will be good in the long run?04/24/2014 - 2:06pm
Matthew WilsonOfcourse it does I never said it did not.though over time the death of NN will make backbone providers like Google, level3 and others stronger becouse most isps including the big ones can not provid internet without them. they can peer with smaller isps04/24/2014 - 1:54pm
E. Zachary KnightMatthew, and that still plays in Google's favor over their smaller rivals who don't have the muscle to stand up to ISPs.04/24/2014 - 1:45pm
Matthew Wilsongoogle wont pay becouse they control a large part of the backbone that all isps depend on. if verizon blocks their data, google does the same. the effect is Verizon loses access to 40% of the internet, and can not serve some areas at all.04/24/2014 - 1:14pm
Neenekolack of NN is in google and netflix interest. It is another tool for squeezing out smaller companies since they can afford to 'play'04/24/2014 - 12:57pm
Matthew WilsonI have said it before net nutrality will not be made in to law until Google or Netflix is blocked, or they do what they did for sopa and pull their sites down in protest.04/23/2014 - 8:02pm
Andrew EisenGee, I guess putting a former cable industry lobbyist as the Chairman of the FCC wasn't that great of an idea. http://www.nytimes.com/2014/04/24/technology/fcc-new-net-neutrality-rules.html?_r=204/23/2014 - 7:26pm
Andrew EisenIanC - I assume what he's getting at is the fact that once PS3/360 development ceases, there will be no more "For Everything But Wii U" games.04/23/2014 - 5:49pm
Andrew EisenMatthew - Yes, obviously developers will eventually move on from the PS3 and 360 but the phrase will continue to mean exactly what it means.04/23/2014 - 5:45pm
IanCAnd how does that equal his annoying phrase being meaningless?04/23/2014 - 5:09pm
Matthew Wilson@Andrew Eisen the phrase everything but wiiu will be meaningless afer this year becouse devs will drop 360/ps3 support.04/23/2014 - 4:43pm
Andrew EisenFor Everything But... 360? Huh, not many games can claim that title. Only three others that I know of.04/23/2014 - 3:45pm
MaskedPixelantehttp://www.joystiq.com/2014/04/23/another-world-rated-for-current-consoles-handhelds-in-germany/ Another World fulfills legal obligations of being on every gaming system under the sun.04/23/2014 - 12:34pm
Matthew Wilsonhttp://arstechnica.com/gaming/2014/04/steam-gauge-do-strong-reviews-lead-to-stronger-sales-on-steam/?comments=1 Here is another data driven article using sales data from steam to figure out if reviews effect sales. It is stats heavy like the last one.04/23/2014 - 11:33am
Andrew EisenI love RPGs but I didn't much care for Tales of Symphonia. I didn't bother with its sequel.04/23/2014 - 11:21am
InfophileIt had great RPGs because MS wanted to use them to break into Japan. (Which had the side-effect of screwing NA PS3 owners out of Tales of Vesperia. No, I'm not bitter, why do you ask?)04/23/2014 - 10:52am
 

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