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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james_fudgeAlso http://www.breitbart.com/Breitbart-London/2014/09/17/Exposed-the-secret-mailing-list-of-the-gaming-journalism-elite09/17/2014 - 4:29pm
Andrew EisenI read the Kotaku story. Nowhere does it say anything close to "Gamers are white bigoted sexist losers." It's commenting specifically on the crap being slung at people discussing gender issues in games. So, what's the problem?09/17/2014 - 4:06pm
Andrew EisenYeah, I can imagine Spiderwoman posed like in your second link.09/17/2014 - 4:00pm
Andrew EisenThat's not the same pose. Spiderman (who is wearing an actual outfit rather than body paint) is crouched low to the ground. Kinda like a spider! Spiderwoman has her butt up in the air like she's waiting to be mounted.09/17/2014 - 3:59pm
quiknkoldAndrew Eisen : Kotaku did a whiole article on it, as did others http://kotaku.com/we-might-be-witnessing-the-death-of-an-identity-162820307909/17/2014 - 3:59pm
CMinerQuiknkold: Do you think that there are no cases where a piece of art (painting, movie, videogame, comic cover, etc) is unambiguously sexist?09/17/2014 - 3:58pm
quiknkoldand can you imagine if Spiderwoman was posed like this? http://goodcomics.comicbookresources.com/wp-content/uploads/2013/02/spider-man1.jpg09/17/2014 - 3:58pm
Andrew EisenWhat games outlet is writing articles saying "Gamers are white bigoted sexist losers"? What examples have you seen of journalists being paid off for favorable reviews? Who's shaming what now? What's the problem with critiquing the Spiderwoman cover?09/17/2014 - 3:57pm
james_fudgeWell there's def "politics" involved in this issue. The movement was hamstrung by bad behavior and illegal activites here. We would have covered it more if not for those unforutnate happenings.09/17/2014 - 3:56pm
quiknkoldhttp://i.imgur.com/v3p8Bwf.jpg Here you go EZacharyKnight. Spidermans Buttcrack.09/17/2014 - 3:56pm
quiknkoldwhile another person doesnt see it09/17/2014 - 3:56pm
quiknkoldJames_fudge : I feel like the people challenging Games are the same people who Challenge Art because Michaelangelo's David shows Wang. The problem is, alot of things with Games are left to the eye of the beholder. One Person see's Sexist Antiwomen views.09/17/2014 - 3:55pm
E. Zachary Knightquiknkold, I don't recall Spider-man's costume conforming to the contour of his buttcrack.09/17/2014 - 3:54pm
quiknkoldIts the same Agenda Fueled Journalism youd find on Fox News or MSNBC. I appreciate Gamepolitics for just stating the facts.09/17/2014 - 3:54pm
james_fudgeQuiknold: you're entitled to your opinion on creatives being left alone. Others are entitled to their opinions that they should be challenged.09/17/2014 - 3:53pm
quiknkoldI can point specifically to the Spiderwoman Milos Manara cover as an example. Not strictly VG Related, its still the same example of journalists attacking Milos's artwork, claiming its sexist, when its the exact same pose Spider-man has done on a cover.09/17/2014 - 3:52pm
quiknkolddevices, and then we can discus the merits of the game. and then there's the people exchanging money and other things to game journalists for favorable reviews and articles, while also shaming those who may criticize these articles09/17/2014 - 3:51pm
quiknkoldIts more about those 20 some odd articles saying Gamers are white bigoted sexist losers. I want there to be a discussion in videogames. Good positive discussion. but I also think the Artists involved in crafting the game should be left alone to their09/17/2014 - 3:49pm
MaskedPixelantehttp://www.joystiq.com/2014/09/17/ice-climbers-wont-be-in-the-new-smash-bros-and-heres-why/ Sakurai explains why Ice Climbers had to get cut from the roster. Spoiler alert, it's exactly why people thought they got cut.09/17/2014 - 3:47pm
Andrew EisenAgenda? What exactly is this agenda and what does it have to do with ethics and transparency in game journalism? I mean, goodness, you make it sound like GamerGate really IS about silencing people from talking about gender issues in video games.09/17/2014 - 3:03pm
 

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