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Logic is only a state of mind...
Another update: http://psx-scene.com/forums/776833-post1.html
Today Groklaw.net reports that PS3 hacker GeoHot is now accusing Sony of "false representations" to the court and petitioning for a protective order while Wired.com confirmed that SoftLayer is moving to quash Sony's subpoena on George Hotz Forum account details in the pending PlayStation 3 hacking case despite their recent PayPal victory.
To quote from Groklaw: "Specifically, Hotz says that Sony Computer Entertainment America falsely claimed at a recent hearing that the Software Developer Kit at issue in this litigation referenced SCEA being in California. The SDK, Hotz says, is owned by Sony Computer Entertainment in Japan, and the installation procedures reference Sony Japan, not SCEA.
This is relevant, Sony argued, because if they found any of the SDK tools on his computer, it would "establish contacts between SCEA and Mr. Hotz" in that they claimed SCEA is the only entity distributing the SDKs. The discovery that the court ordered was based on SCEA's representations. Now what? Should the discovery even be allowed?
Hotz has filed a motion for a protective order, as the parties continue to wrangle about what should happen to Hotz's impounded hard drives. At the same time, SoftLayer Technologies has filed a motion to quash."
From Wired, to quote: "Dallas-based SoftLayer is the only company so far to object to subpoenas in the hotly contested Hotz case. The judge has signed off on Sony subpoenas to Twitter, YouTube, Google and PayPal as part of the console-maker’s scorched-earth litigation tactics to win an unspecified amount of monetary damages from Hotz.
Thursday’s legal tussle surrounds a SoftLayer subpoena approved by Magistrate Judge Joseph Spero of San Francisco two weeks ago. It demands "documents reproducing all server logs, IP address logs, account information, account access records, and application or registration forms" connected to Hotz's psx-scene.com account.
Sony wants those logs, and a record of all of his postings, to determine whether Hotz had logged in from the San Francisco area while trumpeting or posting his hack.
That data is at the center of a jurisdictional argument whether Sony must sue Hotz in his home state of New Jersey rather than in San Francisco, where Sony would prefer. SoftLayer objects to the subpoena on grounds that, among other things, it requires "disclosure of protected matter." No hearing date has been set."
More PlayStation 3 News...
WAYY too long to read, but I read it all. Definitely, I agree that Sony was making some ridiculous protests, and then as said above, misrepresenting data that has been put forth to otherwise incriminate geohot.
They thought they had the big guns and no weak spot, looks like geohot's lawyers, or himself have just found that spot.
I told this 2 weeks before Hot got sued, and I'll say it again: the only enemy of a man is his own ego. This is a lesson to you smart, but still young guys: be quiet. Learn.
Sony has billion of dollars in this game. It's a big company reputation. The lawyers cost a penny for them, and for Hotz, maybe he got one or two people work for him. Sadly.
Hotz lawyers are still lost in this case. If they found copyright software on Hotz drives, oh man! An entire life completely lost. The scene must remain, but not private, just anonymous. That's my opinion.
And just a question: why did Gerge Hotz used his own name? He never listened about nicknames? Oh ego, ego, ego...
God bless Hotz, and God bless the people from Japan who's suffering a lot these days. Peace.
Geohot won't get out of this and will get wiped on the floor, that is the end result of this court case. His lawyers are clutching at straws trying to get out of this case but it won't work.
That company won't get it's subpoena quashed as it's a court order they'll have to supply the data or get hauled into court for obstructing justice. the DMCA laws are written in a way that currently Geohot is already guilty and he has to prove that what Sony is claiming isn't true, and with him blabbing about all the stuff he's been doing posting videos of himself in front of a PS3 explaining/showing himself altering it etc
it'll be extremely hard for him to prove that Sony is wrong in a court of law no matter where it's done to be honest.
I think or assume that he probably thought he could get out of it easy with a simple excuse but when you have a company that's more than happy to spend as much as it needs to to win at all costs.
I assume he's starting to get the hint that his either going to jail and paying a fine or paying a fine and end up in jail for not paying the fine out and so asked for the cash to roll in but that will only last for so long.
People aren't going to pay for his legal bills all the time and to be honest with the way the DMCA is written all that money sent to him is a waste of other people's money to be honest and currently I just don't see Geohot trying to prove he didn't do anything or Sony is wrong.
So far you just have him trying to get the court room changed which is just prolonging the above result in this case.
Agree with that.
But what Hotz didn't realized at first is: he is not the only suffering. Think about their parents. Their family. Do you think his mother is proud of him to get sued by Sony? You're nothing without your family...