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Sony's response to Judge's doubt of Jurisdiction

Geohot has updated his website with a Supplemental TRO. It outlines various reasons for why geohot can still be tried within the California jurisdiction.

Quote:

1. Purposeful Injection
“The court’s determination that defendant has purposefully directed its activities toward California is sufficient to resolve this factor in favor of jurisdiction.” AutoDesk,2004 WL 603382 at *7 (N.D. Cal. 2004). As established above, Hotz engaged in unlawfulacts directed at SCEA in California. This factor weighs in favor of finding personal jurisdiction.

2. Burden on Defending In This Forum
Unless “inconvenience is so great as to constitute a deprivation of due process, it will not overcome clear justifications for the exercise of jurisdiction.” Panavision Int’l LLP,141 F. 3d at 1323; Caruth v. International Psychoanalytical Ass’n, 59 F.3d 126, 128-29(9th Cir.1995) (emphasis added). Although Hotz resides in New Jersey, any inconvenience in litigating in California certainly does not rise to the level of “any deprivation of due process.” Also, Hotz has already secured counsel in the Northern District of California.

3. Extent of Conflict with Sovereignty of Hotz’s State
There is no concern that this district’s exercise of jurisdiction would conflict with the sovereignty of New Jersey, where Hotz purportedly resides. See Autodesk, 2004 WL603382 at *8 (“the sovereignty barrier is not particularly high when defendant is merely from another state”); Panavision, Int’l., L.P., 141 F.3d at 1323.

4. Forum State’s Interest
California has a strong interest in protecting residents who have been tortuouslyinjured. Panavision Int’l., L.P, 141 F. 3d at 1324. SCEA is based in California.Therefore, this factor weighs in favor of personal jurisdiction.

5. Effective Resolution of the Controversy
Because SCEA is based in California, Hotz’s unlawful conduct and the resulting harm impacts SCEA here in California. And one of the other defendants, “Bushing,”resides in this district. Gilliland Decl., ¶¶ 4-5, Exhs. C, D. Moreover, much of the evidence and witnesses will likely be in California, not any other forum. Therefore, this factor weighs in favor of personal jurisdiction.

6. Convenience and Effective Relief for Plaintiff
The Northern District is a convenient forum for SCEA’s as its principal place of business is located here. Most of the evidence and SCEA’s witnesses are also located in this district. This factor weighs in favor of personal jurisdiction.

7. Alternative Forum
This factor favors personal jurisdiction in California because both SCEA and Hotz’s co-defendant Bushing are located here in the Northern District of California.Although an alternative forum would be convenient for Hotz, litigating this case in California is more practical because of the facts and parties involved. Moreover, all the other factors listed above weigh in favor of jurisdiction in this District.On balance, these factors weigh in favor of litigating SCEA’s claims in this district. Hotz cannot present a “compelling case” that this Court’s exercise of jurisdiction would be unreasonable and deprive him of due process.

Looks like Sony's lawyers want to get paid by keeping this court case in California.

This is the link to the supplemental TRO www.scribd.com/doc/47099778/gov-uscourts-cand-235965-32-0

SOURCE geohot.com

geohot pretty much took the credit for overflows tools. And he bragged about hacking the ipad ect, unlike most hackers who keep themselfs anonymous to avoid lawsuits.

geohot got himself into this...

Hot's did not make it so we can Pirate anything just so those of us out there like me can have fun seeing what the system is capable of I for 1 don't even have the patent's to play game's my PS3 sat there like a Paper Weight till I could hack it what I'm really hoping to see is someone come out with a program so those that have more than 1+ PS3's can link them all together and use there power as 1 like the yellow dog linux team did

Before: Respected hacker
After: Picking up the soap in the shower at California state prison :D

I definitely agree with that one....geohot is awesome at hacking but his ego has gotten the better of him. Still if bushing lives in California, why is there no mention of him going to court.

Very strange indeed.

Now Now... He has been huge for the scene Now he is fighting for a serious principle. Whether or not the end user has the right to use their systems how they choose.... This is a big fight it's not just about a hacker that pissed off a company... Like the ipod, now look at that scene after the lawsuit... Imagine if he pulls this one off...:lollypop:

ipod market increased once holtz opened it up to Jailbreaking them, i know about 5 or 6 people at work who have iphones and there jailbroken they all enjoy these phone's and ive asked them about there purchase they all spoke about the features before the jail break and now the more fun features they can have now..thus if holtz win's sony would probley gain that market too.when i was younger i tried a ps2 for a psp i hacked that then i had a bigger market for games when dark_alex released his cfw,i sold my psp for $200 with a few games homebrew,at the time i made my money everyone benefits from it,not just a company looking to crush the dev's

Gotta say though.... It can't help his case that the CFW he created is being paired with firmware that allows backupmanagers and all.....:hmmmm:

yeah its true after he started with his CFW others have come up that allow backup managers.....technically he has nothing to do with those CFW but Sony will use that to their justification of "injury".

One thing people aren't realising is that the more consoles sony sells the more money they lose (if in fact they sell at a loss per console), they want to sell games not consoles, consoles are supposed to be a one off purchase (per person or whatever).

So if geohots and failoverflows stuff leads to mass piracy (whether intentional or not) then sonys profits will take a nose dive as people buy less games and more consoles.