Linked by Thom Holwerda on Wed 23rd Mar 2011 22:55 UTC
Legal "Sony has filed a new document arguing that the legal action against the noted hacker George Hotz should proceed in California. One of the arguments Hotz's legal team made against California's jurisdiction was the lack of a PlayStation Network account, which means he didn't agree to the Terms of Service, but now the company claims to have 'proof' that Hotz did in fact have a PSN account. An interview with a company based in California, and the number of downloads from California, are being used as evidence."
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WereCatf
Member since:
2006-02-15

http://psx-scene.com/forums/f6/geohot-flees-south-america-83925/ should provide more than enough insight to the actual case, like e.g. the claimed "hardware" Hotz didn't provide to Sony was just the HDD controller card, nothing more, and it has been given to them already.

Taken from the link above:

As for Sony's claims that Hotz has a PSN account under the name "Blickmaniac," they should probably take a closer look at the forum post they are using as evidence, since the geotag in the picture posted by the user leads to Cambridge, MA. That's not even close to New Jersey the last time we checked. So, yeah, life's good.


So yeah, that quite ruins that angle, too.

Yet again another example of "reporting things only from one angle and completely ignoring the opposing angle." And way to go Sony, like you haven't ever done anything wrong..

Reply Score: 3

thebluesgnr Member since:
2005-11-14

Geotag on a forum? What?

Let's take a look:

"On January 12, 2011, Hotz submitted a declaration to the Court (Docket No. 19-1) in which he made unequivocal statements on a number of topics. However, when it came to discussing the PSN account, Hotz equivocated, stating: “To the best of my knowledge and belief, I do not have a PlayStation Network account.” Hotz also provided interrogatory responses that he has refused to verify, stating that he has not accessed the PSN. Bricker Decl. ¶4.Hotz identified four PS3 Systems in his possession. Bricker Decl., ¶4, Exh. C. He explained that he had purchased one of these consoles new in February 2010 and provided the serial number for that console. Id. SCEA used that serial number to determine that on February 25, 2010, Hotz purchased the PS3 System at a Gamestop store just miles from his home. Law Decl., ¶6; Bricker Decl., ¶6, Exh. E. SCEA’s records show that the same PS3 System was used on March 10, 2010 to create a PSN account under the user name “blickmanic.” Law Decl., ¶6, Exh. A. The IP address associated with the registration is located in Glen Rock, New Jersey, where Hotz lives."

Seems pretty clear cut to me.

Reply Parent Score: 3

WorknMan Member since:
2005-11-13

Yeah, I find it hard to believe that he's never accessed a PSN account. So at some point, he probably agreed to the EULA. The real question is, did he agree to the EULA on the same unit he hacked, and does that even matter?

More to the point, assuming we're not breaking copyright laws, how much longer are we going to allow corporations to dictate when/where/how we are allowed to use the hardware that we bought and paid for? You want to go after pirates and online cheaters? Fine. But if I want to hack my console to run Linux and/or turn it into a toaster, it's none of Sony's goddamn business.

If corporations want to have control over what we're allowed to do with a device even after a sale takes place, we should be allowed to return it for a full refund when they start removing features.

Edited 2011-03-24 03:29 UTC

Reply Parent Score: 7