Sony ties Hotz to PSN account, says he sabotaged hardware

[nsane.forums]

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.

Sony noted that Hotz had four PlayStation 3 systems in his possession, and he also provided Sony the serial numbers for each system. "He explained that he had purchased one of these consoles new in February 2010 and provided the serial number for that console. 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," Sony stated. Their records show that system was used on March 10, 2010 to create a PlayStation Network account with the name "blickmanic."

But that's not all. "The IP address associated with the registration is located in Glen Rock, New Jersey, where Hotz lives," Sony said. "Hotz's ownership of the 'blickmanic' account is further supported by the fact that an Internet search of the user name 'blickmanic' reveals a posting discussing the jailbreaking of cellular phones—Hotz's original "claim to fame." Taken together, the evidence is awfully damning. There is more information needed to create a PSN account, but Sony declined to share the name or location behind the account.

Sony also argued that the large amount of people who downloaded Hotz' content in California also creates justification for the jurisdiction. "In Zippo Mfg. Co. v. Zippo DOT Com, another case relied upon by Hotz, the court held that the 3,000 Internet users within the forum state who subscribed to the defendant's website services satisfied the test for personal jurisdiction," the court document stated. Hotz had his content downloaded from over 5,000 IP addresses located in California. Sony also argued that Hotz's website is not passive, but an active way to spread the infringing content, pointing to messages where Hotz asked others to link to his site, and his spreading of the content listed on various online communities.

Just in case this isn't enough for the court to grant jurisdiction in California, Sony throws in the kitchen sink. "Hotz has also given an interview regarding his hacking of the PS3 System to The Register, an online technology publication whose US operation is based in San Francisco, California," Sony said.

Sony also leveled more serious charges against Hotz. According to the console maker, Hotz has removed components from his impounded hard drives and can't deliver the needed hardware to the courts due to his current location in South America. "Hotz’s attempts to dodge this Court’s authority raise very serious questions," Sony stated.

Following this case requires many, many buckets of popcorn.

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[alaindc]

The more i read about this, the more i know that i won't ever buy any Sony product.

Sony is all about lies, bullshit, and arrogance...

[nsane.forums]

"Fleeing"? Sabotaged hard drives? Hotz's lawyer responds to Sony

It was reported yesterday that George Hotz "fled" the country in order to escape... a civil case? Sony claimed that the infamous hacker had sabotaged evidence in the case and was using his location outside the US as an excuse to not comply with the court's orders. Ars caught up with Stewart Kellar, one of Hotz' lawyers, who rejected both accusations. Hotz is in South America on a trip he had planned before the lawsuit was filed, and Sony has been given all the components it needs to access his hard drive.

Kellar told Ars that it's impossible to take a vacation from a lawsuit, and Hotz has been in constant contact with his legal team. "The notion that George has fled the country is absurd. George is in South America to see a friend, on a trip he planned before this lawsuit ever began. George has had to make himself available 24/7 for this litigation, which has been quite demanding on him."

Kellar also squashed the idea that Hotz is using donated money to travel. "It should be noted that the donation money George has received is being used exclusively for his legal defense," Kellar explained. "If there are any funds left after the lawsuit, George is planning to donate the money to the EFF."

So did Hotz sabotage any evidence? Kellar says that assessment is way off-base, pointing to the lack of detail in Sony's filing. "SCEA's lawyers are using intentionally ambiguous language so that the public, and the Court, might assume the worst. The 'components' SCEA is talking about are hard drives' controller cards. The neutral [third party examining the drives] subsequently had to explain to SCEA the form and function of hard drive controller cards," Kellar told Ars. "It is a stock part that can be purchased at any electronics hardware store. Those controller cards have since been provided to the neutral so the point is moot."

Hotz himself seems to have been following the coverage, and has released a statement on his website talking about the charges.

Factually, it's true I'm in South America, on a vacation I've had planned and paid for since November. I mean, it is spring break; hacking isn't my life. Rest assured that not a dime of legal defense money would ever go toward something like this. And of course Townsend loves the idea of painting me as an international fugitive. I have been in contact with my lawyers almost every day; I would not let the case suffer. That said, I also won't let this ridiculous lawsuit run my life either. Then the fearmongerers win.

He notes that he will be returning to the United States, since he hears "it's hard to come by the Xperia Play down here."

So Hotz will be back, and this strange and oddly entertaining case will continue. Kellar points out that while this isn't a fight they picked, it's one Hotz and the legal team are more than happy to fight. "You have to remember that Mr. Hotz didn't choose to fight this battle, but now that he has been sued, he has put his heart into fighting this case that has enormous implications for consumers world-wide," Kellar said. "The question of whether a consumer truly 'owns' that system he or she purchased from the store is prevalent in all of this."

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