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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Andrew EisenPHX - Yep, we linked that interview last week. http://gamepolitics.com/2015/07/24/gearbox-founder-has-nothing-praise-aliens-colonial-marines-duke-nukem-forever07/29/2015 - 8:42pm
Matthew WilsonI did a clean install, and have had no issues, it seems they got this right07/29/2015 - 7:43pm
PHX Corphttp://www.gamnesia.com/news/randy-pitchford-on-aliens-criticism-it-depends-on-what-criteria-youre-using oh look, More Randy pitchford Shooting himself in the foot again07/29/2015 - 7:43pm
Craig R.And even then, I'd say upgrade, make your backup media, and then do a clean install07/29/2015 - 7:29pm
Craig R.Personally, I'm recommending people wait 2-3 months at least before upgrading07/29/2015 - 7:29pm
Matthew Wilsonthat being said I am not normal, I took the upgrade and made a recovery drive, than did a clean install. most issues in os upgrades come from doing the upgrade. doing a fresh install fixes that.07/29/2015 - 6:58pm
Matthew Wilson@james so far hone, no major issues encountered yet. the only issue ?I have is my second wifi adaptor does not work, but I have my built in one. that issue is on netgear to fix though with new drivers07/29/2015 - 6:46pm
TechnogeekSora, the entire reason those clauses are being added everywhere is that they WERE upheld. AT&T Mobility v. Concepcion, back in 2011.07/29/2015 - 6:28pm
james_fudgeHow many crashes so far?07/29/2015 - 5:46pm
Matthew Wilsonmost likly not since windows is considered essential, so unreasonable tos wont hold up. that being said, I am using it, and its prity good.07/29/2015 - 5:11pm
Sora-ChanThe question on those is can they be held up in court. From what I can tell those kinds of clauses haven't been challenged in court yet.07/29/2015 - 4:40pm
E. Zachary KnightPapa, Of course thre is. That has now become a permanent part of the EULA boilerplate template.07/29/2015 - 12:56pm
Papa MidnightIn case anyone is interested, there is a clause written into Section 10 of Windows 10's EULA that provides for a Class Action Waiver, and restricts the user to Binding Arbitration.07/29/2015 - 11:15am
TechnogeekNo, that folder is what gets used for the upgrade process. I already had the upgrade go through on my notebook.07/29/2015 - 10:35am
Andrew EisenMatt - And AGAIN, you keep saying "accountable." What exactly does that mean? How is Gamasutra not accounting for the editorial it published? How is it not accountable to its readership (which, AGAIN, is primarily game industry folk, not gamers)?07/29/2015 - 10:10am
james_fudgeThat's the clean install, for anyone asking07/29/2015 - 9:23am
TechnogeekAlso, it's the upgrade that's available for installation now. You might need to forcibly initiate the Windows Update process before it'll start downloading, though. (If there's a C:\$Windows.~BT folder on your computer, then you're in luck.)07/29/2015 - 8:46am
TechnogeekAdmittedly there's more room to push for an advertiser boycott when you get into opinion content versus pure news, but keep in mind that reviews are opinion content as well.07/29/2015 - 8:46am
TechnogeekMatts: There's a difference between "this person regularly says extremely terrible stuff" and "I don't like the phrasing used in this one specific editorial".07/29/2015 - 8:45am
MattsworknameWait, is that for the upgrade or the clean install only? cause I was gonna do the upgrade07/29/2015 - 8:32am
 

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