[url]http://www.gamersbook.com/scene/news/ps3-hacker-hotzs-lawyers-strike-back/[/url]
[quote]
George Hotz, the notorious iPhone and PS3 hacker got some bad ass lawyers on his side.
We wrote about [URL="http://www.gamersbook.com/scene/news/sony-goes-after-ps3-hackers/"]George Hotz's hacking[/URL] and how [URL="http://www.gamersbook.com/scene/publishers/sony-computer-entertainment-america/main/"]Sony[/URL] treated him. Now is time for [URL="http://en.wikipedia.org/wiki/George_Hotz"]Hotz[/URL]'s lawyers to strike.
[URL="http://en.wikipedia.org/wiki/George_Hotz"]George Hotz[/URL], the notorious [URL="http://www.apple.com/iphone/"]iPhone[/URL] and [URL="http://us.playstation.com/"]PS3[/URL] hacker who is currently engaged in a legal duel with [URL="http://www.gamersbook.com/scene/publishers/sony-computer-entertainment-america/main/"]Sony[/URL], has so far had no qualms with making his own statements, but he hasn't said much that would make a great legal defense. Now we're getting a look at what his lawyers have to say.
The defense team has ripped into [URL="http://www.gamersbook.com/scene/publishers/sony-computer-entertainment-america/main/"]Sony[/URL]'s allegations, from the claim that [URL="http://en.wikipedia.org/wiki/George_Hotz"]Hotz[/URL] signed up for a [URL="http://us.playstation.com/"]PlayStation[/URL] Network account to the notion that [URL="http://www.gamersbook.com/scene/publishers/sony-computer-entertainment-america/main/"]Sony[/URL] can even sue him in California.
The reply is a point-by-point attack on most of the issues [URL="http://www.gamersbook.com/scene/publishers/sony-computer-entertainment-america/main/"]Sony[/URL] has brought against [URL="http://en.wikipedia.org/wiki/George_Hotz"]Hotz[/URL]. For starters, it questions the entire basis of the lawsuit, claiming that even if [URL="http://en.wikipedia.org/wiki/George_Hotz"]Hotz[/URL] has a [URL="http://us.playstation.com/"]PSN[/URL] account, there's nothing in the Terms of Service about modifying hardware.
[I]''Hotz has affirmed that he did not obtain any software he is alleged to have circumvented through the PSN," [/I]the argument reads. It goes on to say that any kind of TOS could never even be applied to [URL="http://en.wikipedia.org/wiki/George_Hotz"]Hotz[/URL] because he doesn't own a [URL="http://us.playstation.com/"]PSN[/URL] account, and that the one [URL="http://www.gamersbook.com/scene/publishers/sony-computer-entertainment-america/main/"]Sony[/URL] says belongs to [URL="http://en.wikipedia.org/wiki/George_Hotz"]Hotz[/URL] is actually that of [URL="http://en.wikipedia.org/wiki/George_Hotz"]Hotz[/URL]'s neighbor.
And even if it is [URL="http://en.wikipedia.org/wiki/George_Hotz"]Hotz[/URL]'s account, [I]"SCEA has failed to proffer any PSN TOS that could be applicable to Mr. Hotz, even assuming everything SCEA has said is true, because the PSN TOS SCEA has proffered was created after Mr. Hotz purportedly created a PSN account,"[/I] his lawyers wrote.
If that's not enough, the reply states that [URL="http://www.gamersbook.com/scene/publishers/sony-computer-entertainment-america/main/"]Sony[/URL] doesn't even have authority to file the suit in California. And finally, if you think there's been a lot of news about this case lately, you're not alone. [URL="http://en.wikipedia.org/wiki/George_Hotz"]Hotz[/URL]'s lawyers agree with you.
[I]"SCEA served a slew of premature and abusive discovery documents on Mr. Hotz and sent multiple third party subpoenas prior to any procedural milestone that would permit such acts. Clearly the tactic was to overwhelm Mr. Hotz by thwarting proper discovery procedure,"[/I] the statement reads.
[quote]
[I]"SCEA issued numerous frivolous subpoenas to harass Mr. Hotz. SCEA subpoenaed Twitter, Google, Youtube, Bluehost (webhost for Mr. Hotz's site), SoftLayer (webhost for psx-scene.com) and PayPal. As issued, none of those subpoenas limited categories of documents to "California" despite the limited jurisdictional discovery. After subpoenaing every entity it could think of, SCEA still has nothing (and certainly nothing admissible) to connect Mr. Hotz to California."[/quote][/I]
[URL="http://www.gamersbook.com/scene/publishers/sony-computer-entertainment-america/main/"]Sony[/URL] isn't the only one with hotheaded lawyers.[/quote]
Hackers +1
Ha, wow, this is why you pay attention when you make your own rules and actually stick to them. If you lay down a ToS, check five or more times you have everything you need, and what is and isn't in it.
Good news though.
If Hotz wins, he should try to make it where people who have modded consoles can go on PSN. I know that might not work, but come on, I want my Linux back, atleast get them to bring back Linux and have a homebrew app or something, officially.
Why is this good news? Geohot's an obnoxious kid who thinks he can get everything his way.
[QUOTE=Oicani Gonzales;28894255]uh[/QUOTE]
How terrible, Sony don't want their console to be hacked. But obviously they're monsters because they took away Linux, so they'll get what's coming to them!
I knew Sony's case was poor but this shows its true weakness.
[QUOTE=jaykray;28894239]Why is this good news? Geohot's an obnoxious kid who thinks he can get everything his way.[/QUOTE]
You have to pick which of the two evils is worse. In this case Sony is the worst.
[QUOTE=WearingNothing;28894319]You have to pick which of the two evils is worse. In this case Sony is the worst.[/QUOTE]
Not in my opinion, at the worst they're as bad as each other.
[QUOTE=jaykray;28894375]Not in my opinion, at the worst they're as bad as each other.[/QUOTE]
Ok, so Sony acting like an 8 year old, and suing Geohot over rules that don't exist, and over TOS's that he doesn't apply too, makes Geohot the bad guy, because he wants too make a console with a fucked UI customizable?
[QUOTE=Trunk Monkay;28894403]Ok, so Sony acting like an 8 year old, and suing Geohot over rules that don't exist, and over TOS's that he doesn't apply too, makes Geohot the bad guy, because he wants too make a console with a fucked UI customizable?[/QUOTE]
Pretty much yeah, Geohot has never done anything for me, Sony has, so from my point of view Sony are better. Obviously people have different opinions.
[QUOTE=jaykray;28894239]Why is this good news? Geohot's an obnoxious kid who thinks he can get everything his way.[/QUOTE]
I'd be kind of upset if a company sued me for modifying my legally purchased property as well
I will laugh so hard if Geo wins this. Laugh in Sony's face.
[quote]SCEA has failed to proffer any PSN TOS that could be applicable to Mr. Hotz[/quote]
Really? Mind telling me what [url=http://legaldoc.dl.playstation.net/ps3-eula/psn/e/e_tosua_en.html]this[/url] is then?
And correct me if I'm wrong, but isn't Geohot's work on the PS3 software-based?
he will win for sure
[QUOTE=jaykray;28894438]Pretty much yeah, Geohot has never done anything for me, Sony has, so from my point of view Sony are better. Obviously people have different opinions.[/QUOTE]
You're a selfish ass hole.
[QUOTE=Trunk Monkay;28894578]You're a selfish ass hole.[/QUOTE]
I'm just going by my logic, no need for name calling.
[QUOTE=Sir Whoopsalot;28894545]Really? Mind telling me what [URL="http://legaldoc.dl.playstation.net/ps3-eula/psn/e/e_tosua_en.html"]this[/URL] is then?
And correct me if I'm wrong, but isn't Geohot's work on the PS3 software-based?[/QUOTE]
I do believe that that was what this section immediately after was referring to.
[quote][I]assuming everything SCEA has said is true,[/I] [I]because the PSN TOS SCEA has proffered was created after Mr. Hotz purportedly created a PSN account[/I][/quote]
One of biggest company of the world VS Poor hacker.
Idk, doesn't look like it would end well to me.
[QUOTE=jaykray;28894665]I'm just going by my logic, no need for name calling.[/QUOTE]
your logic blows :bigtran:
[QUOTE=Trunk Monkay;28894403]Ok, so Sony acting like an 8 year old, and suing Geohot over rules that don't exist, and over TOS's that he doesn't apply too, makes Geohot the bad guy, because he wants too make a console with a fucked UI customizable?[/QUOTE]
Geohot got up in Sony's console. Last I heard SONY made it and not him.
[QUOTE=Zeke129;28894480]I'd be kind of upset if a company sued me for modifying my legally purchased property as well[/QUOTE]
They aren't. They [B]are[/B] stopping you from modifying their software which you do not own though.
As nice as it would be for Geohot to win this case, and possibly cause another DMCA exception on consoles like the mobile device exception, it will have terrible repercussions. Within days of CFW and a FTP application coming out, online on quite a few games became unplayable due to a large portion of the kids who installed CFW using it just to hack and pirate games.
It is such a shame nothing of worth has come out for the CFW, all there are are some ported emulators and "backup" managers. This has fallen into the same state iPhone jailbreaking has, where the majority are only in it for piracy. The closest thing to the original goal I have seen (Linux on PS3) is still quite a way from a stable release if I remember.
[QUOTE=Smoot;28894748]Geohot got up in Sony's console. Last I heard SONY made it and not him.[/QUOTE]
But they took out Linux which everyone who owns a ps3 used! Who cares that it was being used to hack their console!
[QUOTE=Smoot;28894748]Geohot got up in Sony's console. Last I heard SONY made it and not him.[/QUOTE]
Aaaaand....here comes the endlessly stupid debate.
[QUOTE=ColdFusion;28894702]One of biggest company of the world VS Poor hacker.
Idk, doesn't look like it would end well to me.[/QUOTE]
He's not poor at all. He generated serious cash in a small amount of time very easily.
[media]http://www.youtube.com/watch?v=ON-7v4qnHP8[/media]
[QUOTE=ColdFusion;28894702]One of biggest company of the world VS Poor hacker.
Idk, doesn't look like it would end well to me.[/QUOTE]
He won against Apple over jailbreaking, well, technically they didn't go at each other on this scale, but he won anyway.
[QUOTE=Moustach3;28894787]He's not poor at all. He generated serious cash in a small amount of time very easily.
[media]http://www.youtube.com/watch?v=ON-7v4qnHP8[/media][/QUOTE]
and then used it to go to south america.
[QUOTE=jaykray;28894800]and then used it to go to south america.[/QUOTE]
That's what people do with money. Use it.
[QUOTE=hexpunK;28894780]They aren't. They [B]are[/B] stopping you from modifying their software which you do not own though.
As nice as it would be for Geohot to win this case, and possibly cause another DMCA exception on consoles like the mobile device exception, it will have terrible repercussions. Within days of CFW and a FTP application coming out, online on quite a few games became unplayable due to a large portion of the kids who installed CFW using it just to hack and pirate games.
It is such a shame nothing of worth has come out for the CFW, all there are are some ported emulators and "backup" managers. This has fallen into the same state iPhone jailbreaking has, where the majority are only in it for piracy. The closest thing to the original goal I have seen (Linux on PS3) is still quite a way from a stable release if I remember.[/QUOTE]
There is nothing wrong with Sony blocking CFW users from playing online. There is everything wrong with them removing features from consoles or suing people who modify their own property.
[QUOTE=jaykray;28894800]and then used it to go to south america.[/QUOTE]
Unless he started asking for donations in november, you're wrong.
Sorry, you need to Log In to post a reply to this thread.
