March 18, 2011 // 5:52 pm
- 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
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."