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 Mar 28, 2011 - 04:31 PM - by Michael
* Geohotz v Sony, again.

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Playstation2/Sony
In Sony vs Geohotz, legal argumentation abounds.

Sony claims that Geohotz has (or had at some point in the past) a PSN account - but the defendant's lawyers say that the serial number doesn't match.

Groklaw's got the latest filing, along with some interesting analysis:

Besides, SCEA doesn't make Playstation 3, the Reply points out, "the Playstation Computer and its firmware is made by Sony Japan", so Hotz wasn't directing his actions at SCEA. After all the discovery SCEA forced Hotz through, it still can't prove a link to California that would justify suing him there. There's no evidence that blickmaniac is Hotz. The serial number that SCEA claimed was blickmaniac's doesn't match the serial number that Hotz provided the court. As for blickmanic, Hotz's lawyers have found a blog posting on the Internet from someone saying *she's* blickmanic, not Hotz. There's no evidence Hotz ever accepted the Playstation Network terms of service or opened an account. Personal jurisdiction over Hotz in California would be "unreasonable". And Hotz's motion should be granted because SCEA "has abused the jurisdictional discovery process".

The Playstation Network Terms of Use, Hotz's lawyers point out, relate only to software, not hardware, and to software obtained via the Playstation Network, and "Hotz has affirmed that he did not obtain any software he is alleged to have circumvented through the PSN", and that, they tell the court, is fatal to SCEA's attempt to get jurisdiction over him via that route. All the over-the-top allegations, in short, that some journalists published last week after reading SCEA's filing are now answered ably, about blickmaniac, the Playstation Network, the California downloads, the serial number, SCEA's jurisdictional arguments, everything.
Needless to say, communities - from hackers to Slashdot to gamers - are watching quite intensely.
 

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