Re: [PS3 ] SCE向Geohotz和fail0verflow提出訴訟

看板Modchip作者cassine (Savannah)時間13年前 (2011/01/25 10:19)推噓3(3推 0噓 1→)

留言4則, 4人參與討論串9/15 (看更多)

http://ppt.cc/0W7p 持續歹戲拖棚中（呵欠）比《夜市人生》還無聊。 Lawyers representing George Hotz (geohot) have moved for a dismissal of Sony's case against him, citing lack of jurisdiction in California. PSX-SCENE's WikiLeaks documents are attached but here are some highlights. geohot的委任律師請求法院駁回$QNY對geohot的指控，主張是加州法院對本案無管轄權。PSX-SCENE 在此附上了維基解密(Wikileaks) 的部份文件，以資參照。 The only evidence it has put forth to prove Mr. Hotz has entered the PSN Agreement is an improperly authenticated screen shot of a PSN Network account with the username "Geo1Hotz." Declaration of Gilliland Exh. A. Mr. Hotz does not own or have access to this account. Mr. Hotz does not live in Rhode Island, does not use the name "Geo1Hotz" which, in contrast to Mr. Hotz's common handle, utilizes capital letters and a numeral, and Mr. Hotz was not born in 1995 as in the screen grab. Id. Sony further falsely states that Mr. Hotz is "reffered to online as GeoHot." This is untrue. All exhibits submitted by Sony purport to show that Mr. Hotz goes by the internet name "geohot" without any capitalized letters or numerals. 對方至今為止針對Hotz先生提出證明他違背 PSN使用者條款的證據只有一張使用者帳號叫Geo1Hotz的螢幕擷圖。而Hotz先生已經宣示他不具有這個帳戶的存取權限，而且他本人也不住在羅德島（羅德老大表示：），另外這個Geo1Hotz 的名稱也與Hotz先生平常在網路上所使用的有所不同，出現了大寫字母與數字。Hotz先生並非如同螢幕擷取圖上所顯示的那樣，出生於1995年，$QNY的主張 Hotz在網路上暱稱就是GeoHot並非事實，所有的證據都指出Hotz先生所使用的暱稱是全部小寫，並且不包含任何阿拉伯數字的名稱。 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. $QNY主張geohot的一切活動都與加州有關，但事實是Hotz先生是新澤西州的居民，而且$CEA也是登記在新澤西州的公司。$QNY除了指控Hotz先生破壞PS3 主機防護機制的行為已經違反千禧年數位版權法案之外，還追加一堆奇奇怪怪的指控，例如違反加州的電腦詐騙與毀謗法案，跟違反加州的電腦犯罪法，指控非法存取、拆解、公開一些$ONY透過合法管道買入並且持有的資訊。$QNY還說以上的行為都違反了 PSN使用者條款，（但顯然該條款對Hotz先生並無約束力，理由前面已經說了）。不管如何，訴訟中心主張就是Hotz先生未經允許存取 PS3 主機。 Sony thinks that an unnamed defendant called "Bushing" resides in California but this person remains a Doe defendant, is not named as a defendant, and has not been served with process. Further, all evidence put forth by Sony regarding "Bushing" is improperly authenticated hearsay. This court should not rely on Sony's speculation of a Does defendant's place of residence to assert jurisdiction over a non- resident who is actually named with an address that has been identified, in New Jersey. Further evidence in this matter is found primarily on the internet. Contrary to Sony's assertions, most of the physical evidence and Mr. Hotz himself, are located in the state of New Jersey. The bulk of Sony's claims regard evidence found on Mr. Hotz's media devices and in Mr. Hotz's testimony as a witness. Other than those items, the bulk of the evidence Sony puts forth may be found on the internet which is accessible just as easily in New Jersey as in California. Contrary to Sony's assertions, most of the physical evidence and Mr. Hotz himself, are located in the state of New Jersey. Sony relies on the unsubstantiated residency of the unnamed defendant "Bushing" as a basis for California being the best forum. However, "Bushing" has not been identified, named, served, or connected with Mr. Hotz in any way that would warrant bringing the only identifiable defendant out to California. If "Bushing" does exist and can be ascertained at a later date, Sony would have to amend the complaint to properly name him/her which has not occurred. Thus, New Jersey is an alternative forum that exists to provide Sony with adequate relief. If Sony can obtain jurisdiction by merely including a hypothetical defendant by the name of "Bushing" that may live in California, then any Plaintiff can file suit in California and obtain jurisdiction by adding "Bushing" as a defendant. ****** 以上是geohot律師的回應，$QNY的律師團隨後也反擊了。 -- ○ ____ _ _ _ _ ____ _ _ ____ _____ ____ 。 ★(_ _)( \( )( \/ )( ___)( \( )(_ _)( _ )( _ \ ｏ _)(_ ) ( \ / )__) ) ( )( )(_)( ) / ● ‧ (____)(_)\_) \/ (____)(_)\_) (__) (_____)(_)\_) ★ ｏ -- ※ 發信站: 批踢踢實業坊(ptt.cc) ◆ From: 122.117.54.160

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