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.

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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MaskedPixelantehttp://www.joystiq.com/2014/04/18/playstation-99-cent-sale-discounts-tokyo-jungle-super-stardust/ Weekend long PSN flash sale. So much stuff is 99 cents for the rest of the weekend.04/18/2014 - 5:59pm
Adam802http://www.polygon.com/2014/4/18/5627928/newtown-video-game-addiction-forum04/18/2014 - 4:14pm
Matthew Wilsonit is a video talking about why certain games/products/consoles do well, and others do not. he back it up with solid research.04/18/2014 - 3:56pm
Andrew EisenI'm not keen on blind links. What is it?04/18/2014 - 3:45pm
Matthew Wilsonthis is worth a whatch https://www.youtube.com/watch?v=MyXcr6sDRtw&list=PL35FE5C4B157509C904/18/2014 - 3:43pm
MaskedPixelanteNumber 3: Night Dive was brought to the attention of the public by a massive game recovery, and yet most of their released catalogue consists of games that other people did the hard work of getting re-released.04/17/2014 - 8:46pm
MaskedPixelanteNumber 2: If Humongous Entertainment wanted their stuff on Steam, why didn't they talk to their parent company, which does have a number of games published on Steam?04/17/2014 - 8:45pm
MaskedPixelanteNumber 1: When Night Dive spent the better part of a year teasing the return of true classics, having their big content dump be edutainment is kind of a kick in the stomach.04/17/2014 - 8:44pm
Matthew Wilsonhttp://www.giantbomb.com/articles/jeff-gerstmann-heads-to-new-york-takes-questions/1100-4900/ He talks about the future games press and the games industry. It is worth your time even though it is a bit long, and stay for the QA. There are some good QA04/17/2014 - 5:28pm
IanCErm so they shouldn't sell edutainment at all? Why?04/17/2014 - 4:42pm
MaskedPixelanteNot that linkable, go onto Steam and there's stuff like Pajama Sam on the front-page, courtesy of Night Dive.04/17/2014 - 4:13pm
Andrew EisenOkay, again, please, please, PLEASE get in a habit of linking to whatever you're talking about.04/17/2014 - 4:05pm
MaskedPixelanteAnother round of Night Dive teasing and promising turns out to be stupid edutainment games. Thanks for wasting all our time, guys. See you never.04/17/2014 - 3:44pm
Matthew WilsonAgain the consequences were not only foreseeable, but very likely. anyone who understood supply demand curvs knew that was going to happen. SF has been a econ/trade hub for the last hundred years.04/17/2014 - 2:45pm
Andrew EisenMixedPixelante - Would you like to expand on that?04/17/2014 - 2:43pm
MaskedPixelanteWell, I am officially done with Night Dive Studios. Unless they can bring something worthwhile back, I'm never buying another game from them.04/17/2014 - 2:29pm
PHX Corphttp://www.msnbc.com/ronan-farrow/watch/video-games-continue-to-break-the-mold-229561923638 Ronan Farrow Daily on Video games breaking the mold04/17/2014 - 2:13pm
NeenekoAh yes, because by building something nice they were just asking for people to come push them out. Consequences are protested all the time when other people are implementing them.04/17/2014 - 2:06pm
Matthew Wilsonok than they should not protest when the consequences of that choice occur.04/17/2014 - 1:06pm
NeenekoIf people want tall buildings, plenty of other cities with them. Part of freedom and markets is communities deciding what they do and do not want built in their collective space.04/17/2014 - 12:55pm
 

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