PS3 Jailbreaker Battles for Motion to Dismiss SCEA Case

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


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  1. 0
    tallimar says:

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

  2. 0
    cpu64 says:

    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. 

  3. 0
    nighstalker160 says:

    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. 

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