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  1. #111
    Senior Member deank's Avatar
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    I've been following the story, the case documents and the posts in this thread.

    I just spent 25mins on the phone with GeoHot's attorney Mr. Steward Kellar and expressed our will to support George Hotz in this case.

    Sadly I was told no one contacted them until now, which stunned me!

    I'm in no way affiliated with George, but I believe we should help if we're allowed and able to.

    Mr. Kellar expressed that tomorrows hearing will be about the TRO and I REALLY REALLY hope that it will go well for George.

    Dean

  2. #112
    Senior Member tonybologna's Avatar
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    Nice to see dean!

  3. #113
    Junior Member Starlight's Avatar
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    I hope the best outcome for GeoHot, but i knew Sony was not going to take this lying down, so hopefully it turns out for the best and the ps3 scene.

  4. #114
    Senior Member Chivafighter's Avatar
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    I like what you did bro! i'm willing to support Geohot, he did help the ps3 scene a lot and the ipod scene.

  5. #115
    Forum Moderator PS3 News's Avatar
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    Arrow

    I have now added today's documents HERE and below is a video (still processing, give it a bit..) of George Hotz on G4's Attack of the Show! (from 7PM EST tonight).





    Another few (already processed) captures of it here:








    Also below is the official Press Release, and from the e-mail we received:
    Please see the attached press release provided by George Hotz's legal team. (It is also accessible via the following link: [Register or Login to view links])

    We just wanted to let you know that George Hotz isn't going to take the recent action initiated by Sony lightly, nor is he going to simply roll over and acquiesce to Sony's demands. This case not only has huge implications for Mr. Hotz, but it implicates tangible rights for all of us.

    Please feel free to contact me or Stewart Kellar with any questions.

    Best regards,
    Yasha Heidari

  6. #116
    Senior Member inginear's Avatar
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    thanks for the vid. i hope geo wins as this is about more than just his case as he stated. i would like to think that i actually own the devices i purchase rather than lease them from the companies.

  7. #117
    Forum Moderator PS3 News's Avatar
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    He has now updated his site with the following: "As of 2:00 PM EST, 1/14/2011, I am not subject to any TROs"

    So, while there is still a court case to go through essentially what this means is the judge denied the temporary restraining order telling Sony to prove their case first, leaving the burden of proof upon them.

  8. #118
    Senior Member tonybologna's Avatar
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    Good! Thanks for updating! I wonder if this will detour Sony in any way now? Doubt it! Don't you?
    Last edited by tonybologna; 01-14-2011 at 06:27 PM

  9. #119
    Forum Moderator PS3 News's Avatar
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    I don't think it will deter them either, Sony will just have to take the time to put their case together to present it in court.

    Also GeoHot updated his page with the following:

    S: Supplemental TRO [Register or Login to view links]
    Attached Files Attached Files

  10. #120
    Forum Moderator PS3 News's Avatar
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    Arrow GeoHot Lawyers Move For Dismissal, Sony responds!

    Another update: [Register or Login to view links]
    Lawyers representing George Hotz (geohot) have moved for a dismissal of Sony's case against him, citing lack of jurisdiction in California.

    The only evidence it has put forth to prove Mr. Hotz has entered the PSN Agreement is an improperly authenticated screen shot of a PSN Network account with the username “Geo1Hotz.” Declaration of Gilliland Exh. A. Mr. Hotz does not own or have access to this account.

    Mr. Hotz does not live in Rhode Island, does not use the name “Geo1Hotz” which, in contrast to Mr. Hotz‟s common handle, utilizes capital letters and a numeral, and Mr. Hotz was not born in 1995 as in the screen grab. Id. Sony further falsely states that Mr. Hotz is “reffered to online as „GeoHot.‟” This is untrue. All exhibits submitted by Sony purport to show that Mr. Hotz goes by the internet name “geohot” without any capitalized letters or numerals.

    In the present case, Sony cannot demonstrate that Mr. Hotz‟s activity could even arguably be construed as expressly aimed at California. To the contrary, the sole alleged tortious activity alleged in this action involves Mr. Hotz-- who is located in New Jersey-- purportedly improperly accessing portions of his own Playstation Computer-- which is also located in New Jersey. Sony's primary allegation is that Mr. Hotz violated the circumvention provisions of the Digital Millennium Copyright Act (“DMCA”) by allegedly circumventing control access to the Playstation Computer.

    Sony also includes various other inexplicable claims for good measure, including Mr. Hotz violating the Computer Fraud and Abuse Act and the California Computer Crime Law for allegedly "exceeding access" to Mr. Hotz's very own Playstation Computer, as well as for Mr. Hotz purportedly "trespassing" on the very Playstation Computer he lawfully purchased and owns. Sony also alleges that, by engaging in such conduct, Mr. Hotz has breached the PSN TOS (which is actually not applicable to Mr. Hotz as demonstrated above). Nonetheless, this suit centers around the allegation that Mr. Hotz improperly accessed portions of his Playstation Computer.

    Sony thinks that an unnamed defendant called “Bushing” resides in California but this person remains a Doe defendant, is not named as a defendant, and has not been served with process. Further, all evidence put forth by Sony regarding “Bushing” is improperly authenticated hearsay. This court should not rely on Sony‟s speculation of a Does defendant‟s place of residence to assert jurisdiction over a nonresident who is actually named with an address that has been identified, in New Jersey. Further evidence in this matter is found primarily on the internet.

    Contrary to Sony‟ assertions, most of the physical evidence and Mr. Hotz himself, are located in the state of New Jersey. The bulk of Sony‟s claims regard evidence found on Mr. Hotz‟s media devices and in Mr. Hotz‟s testimony as a witness. Other than those items, the bulk of the evidence Sony puts forth may be found on the internet which is accessible just as easily in New Jersey as in California.

    Sony relies on the unsubstantiated residency of the unnamed defendant “Bushing” as a basis for California being the best forum. However, “Bushing” has not been identified, named, served, or connected with Mr. Hotz in any way that would warrant bringing the only identifiable defendant out to California.

    If “Bushing” does exist and can be ascertained at a later date, Sony would have to amend the complaint to properly name him/her which has not occurred. Thus, New Jersey is an alternative forum that exists to provide Sony with adequate relief. If Sony can obtain jurisdiction by merely including a hypothetical defendant by the name of “Bushing” that may live in California, then any Plaintiff can file suit in California and obtain jurisdiction by adding “Bushing” as a defendant.
    Attached Files Attached Files

 

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