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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Papa MidnightTo a point stated earlier, it very much is a form of indirect censorship. Rather than engage in rhetoric and debate, one side has instead chosen to cut-off opposing viewpoints at the knees and silence them via destroying their means of income.10/02/2014 - 11:28am
Papa MidnightNeeneko: the topic of Intel's dropping of Gamasutra is indeed part of this very ongoing conversation.10/02/2014 - 11:26am
NeenekoThis can't be good... http://games.slashdot.org/story/14/10/02/1558213/intel-drops-gamasutra-sponsorship-over-controversial-editorials10/02/2014 - 11:25am
Andrew EisenAnd there's also the consideration that the fact that a former IGN editor was one of the people who worked on the game's localization may be unknown (although in this specific case, probably not. Drakes been very visible at events IGN covers).10/02/2014 - 11:24am
Papa MidnightAlso, let's face it: people seem to believe that a conflict of interest can yield only positive coverage. Who is to say that Audrey Drake did not leave on bad terms with IGN (with several bridges burned in their wake)? That could yield negative coverage.10/02/2014 - 11:23am
Papa MidnightThat's a fair question, and it's where things get difficult. While Jose Otero may not have any cause to show favor, Jose's editor may, as may the senior editor (and anyone else involved in the process before it reaches publication).10/02/2014 - 11:21am
Andrew EisenWould such disclosure still be required if Fantasy Life were reviewed by Jose Otero, who wasn't hired by IGN until sometime after Drake left?10/02/2014 - 11:19am
Papa MidnightIn that case, a disclosure might be in order. The problem, of course, is applying it on a case-by-case basis; As EZK said, what's the cut-off?10/02/2014 - 11:19am
E. Zachary KnightAndrew, a disclosure would probably be in order as she likely still has a strong relationship with IGN staff. My follow up question would be "What is the statute of limitations on such a requirement?"10/02/2014 - 11:09am
E. Zachary KnightSleaker, my hyperbole was intended to illustrate the difference and similarity between direct censorship and indirect censorship.10/02/2014 - 11:07am
Andrew EisenOpen Question: Former IGN Nintendo editor Audrey Drake now works in the Nintendo Treehouse. Do you think it's important for IGN to disclose this fact in the review of Fantasy Life, a game she worked on? Should IGN recuse itself from reviewing the game?10/02/2014 - 11:07am
E. Zachary KnightSleaker, My thoughts on disclosure: http://gamepolitics.com/2014/09/25/what-your-gamergate-wish-list#comment-29598710/02/2014 - 11:02am
Sleaker@EZK - using hyperbole is a bit silly. I'm asking a serious question. Where's the line on disclosure as relates to journalistic involvement in the culture they report on?10/02/2014 - 10:59am
E. Zachary KnightSo a journalist reporting on general gaming news mentions a specific developer and their game involved in said news, and it is suddenly some nefarious conspiracy to hide a conflict of interest. I think someone is reaching for validation.10/02/2014 - 10:53am
Andrew EisenYes, imagine anyone insisting that two utterences of the phrase "Depression Quest creator Zoe Quinn" wasn't influenced by something happening in the future!10/02/2014 - 10:52am
Sleaker@Pap Midnight - So wouldn't it be any journalist writing about general gaming culture would need to disclose any and all links/ties to said general gaming culture to be ethical? Also @EZK to use you're own methodology, I'm still curious on the question10/02/2014 - 10:49am
KronoSure none of those are reviews, but it is positive exposure, which as illustrated by The Fine Young Capitalists, is pretty damn important for getting people to check out your work.10/02/2014 - 10:32am
Krono@Midnight and of course the article most people mention and insist was no way influenced by him being romantically involved only days later, and her friend beforehand here: http://goo.gl/xCzivK10/02/2014 - 10:29am
Papa MidnightThe term "lovers" might be pushing it given the apparent time frame, but I understand what you're saying. Even if they were friends at the time, then that may present impropiety. However, that calls for a Magic-8-Ball level of speculation.10/02/2014 - 10:26am
Krono@Midnight She was a guest on an RPS show he cohosted here: http://goo.gl/QxljSG10/02/2014 - 10:24am
 

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