# Geohot Responds to Sony's Legal Motion



## deathking (Jan 13, 2011)

Yesterday we reported on leaked court documents, filed by Sony's lawyers against Geohot (George Hotz) and fail0verflow Today, further legal docs have surfaced, exclusively to PSGroove.com. This time around, we get to see Geohot's legal response to Sony's recent accusations. These documents, which are filed by Mr. Hotz's attorney, give a multitude of legal reasons as to why Sony is not justified in their recent actions against Mr. Hotz. Stay tuned for further coverage as it unfolds.

Read more: PSGroove.com - Geohot Responds to Sony's Legal Motion http://psgroove.com/content.php?643-Geohot...n#ixzz1AspWeFvX

2 pdf files with geohotz response found here
http://www.multiupload.com/8FGW8LY291

summary of the main defenses :

II.  THE TRO SHOULD NOT ISSUE AS TO MR. HOTZ BECAUSE THIS COURT
LACKS PERSONAL JURISDICTION OVER MR. HOTZ. 

A. MR. HOTZ HAS NO CONNECTION OR AFFILIATION WITH THE 
OTHER DEFENDANTS IN THIS SUIT. 

III.  SONY HAS FAILED TO DEMONSTRATE THAT A TRO WILL PREVENT 
IRREPERABLE HARM SINCE A BASIS FOR ITS CLAIMS IS THAT THE 
IRREPERABLE HARM SOUGHT TO BE ENJOINED HAS ALREADY BEEN
SUFFERRED. 

IV.  SONY HAS FAILED TO DEMONSTRATE LIKELIHOOD OF SUCCESS ON 
THE MERITS BECAUSE SONY’S PLAYSTATION 3 IS NOT MERELY A 
DEVICE FOR PLAYING COPY-PROTECTED VIDEO GAMES BUT 
FUNCTIONS AS A MULTIMEDIA PERSONAL COMPUTER.

V.  THE BALANCE OF HARDSHIPS FAVORS DEFENDANT BECAUSE 
DEFENDANT FACES THE LOSS OF HARDWARE ESSENTIAL TO HIS 
LIVELIHOOD IF THETRO IS GRANTED. 

VI.  IMPOUNDING MR. HOTZ’S COMPUTER AND OTHER MEDIA DEVICES IS 
OVERBROAD, UNNECESSARY AND WOULD BE A HARDSHIP TO MR. 
HOTZ. 

VII.  THE BURDEN SHIFTING SECTION OF THE PROPOSED ORDER TO SHOW 
CAUSE IS INEQUITABLE AND THE BURDEN SHOULD REMAIN WITH THE 
MOVING PARTY. 


VIII.  CONCLUSION 
For the foregoing reasons, Sony’s Ex Parte TRO, Proposed Order of Impoundment, and
Proposed Order to Show Cause should be postponed pending a determination on personal 
urisdiction over Mr. Hotz.  Otherwise, Sony’s Ex Parte TRO, Proposed Order of Impoundment
and Proposed Order to Show Cause should be denied.

2 pdf files with geohotz response found here
http://www.multiupload.com/8FGW8LY291


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## monkat (Jan 13, 2011)

Whoever typed that up is a horrible typist.


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## DigitalDeviant (Jan 13, 2011)

Well looks like geohotz has the ballsy lawyers...


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## _Chaz_ (Jan 13, 2011)

monkat said:
			
		

> Whoever typed that up is a horrible typist.


Seriously. I hope this isn't Sony's finest, though it wouldn't surprise me.


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## Pyrmon (Jan 13, 2011)

Geohot's attorney for the win!
Hope that'll shut them up


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## Joe88 (Jan 13, 2011)

_Chaz_ said:
			
		

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that is hotz attorney, which seems he didnt even bother to get a good one if his lawyer submitted this


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## deathking (Jan 13, 2011)

i just copied and pasted the main headings of the pdfs which i linked to

my fave bit so far

*Contrary to Plaintiff's depiction, Mr. Hotz is a computer prodigy, *a little over 21 years of 
age, that is well-known for his accomplishments in the field of iPhone development, such as for 
creating the ability to unlock the phone to provide for interoperability between various cellular 
network carriers. Mr. Hotz has also gained fame through his numerous accomplishments in the 
Intel International Science and Engineering Fair, and provided numerous interviews on major 
television networks including the Today Show, Fox, CNN, NBC, CBS, and ABC.


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## godreborn (Jan 13, 2011)

it wouldn't surprise me if that was sony's best either.  sony probably got that letter template off the internet anyway...I mean they copy everything.


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## ShadowSoldier (Jan 13, 2011)

QUOTE said:
			
		

> IV. SONY HAS FAILED TO DEMONSTRATE LIKELIHOOD OF SUCCESS ON
> THE MERITS BECAUSE SONY’S PLAYSTATION 3 IS NOT MERELY A
> DEVICE FOR PLAYING COPY-PROTECTED VIDEO GAMES BUT
> FUNCTIONS AS A MULTIMEDIA PERSONAL COMPUTER.



http://kotaku.com/5702879/this-stack-of-ps...er-in-the-world

I'd fucking say so.


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## _Chaz_ (Jan 13, 2011)

Joe88 said:
			
		

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Proves how much I could stand to read of it.


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## misteromar (Jan 13, 2011)

deathking said:
			
		

> II.  THE TRO SHOULD NOT ISSUE AS TO MR. HOTZ BECAUSE THIS COURT
> LACKS PERSONAL JURISDICTION OVER MR. HOTZ.



I dont know where Hotz lives but surely the fail0verflow guys are clean because they live in Europe and civil legal action taken in the US has no power over them.


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## Lookie401 (Jan 13, 2011)

I chucked a bit on content III


			
				QUOTE said:
			
		

> On the face of Sony's Motion, a TRO serves no purpose in the present matter. The code necessary to "jailbreak" the Sony Playstation computer is on the internet. *That cat is not going back in the bag.* Indeed, Sony's own pleadings admit that the code necessary to jailbreak the Sony Playstation computer is on the internet. *Sony speaks of "closing the door", but the simple fact is that there is no door to close.* The code sought to be restrained will always be a Google search away.


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## Bladexdsl (Jan 13, 2011)

translation: FUCK YOU SONY!


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## Joe88 (Jan 13, 2011)

misteromar said:
			
		

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thats where SCEE will come into play


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## Twiffles (Jan 13, 2011)

tl;dr "Come at me bro"


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## Shano56 (Jan 13, 2011)

Lookie401 said:
			
		

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my thoughts exactly. If you need $50 for a more decent attorney I would have donated, hotz :/


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## geoflcl (Jan 13, 2011)

Man, though I have yet to read the attached PDF files in greater detail at this time of writing, Geohot's Defense doesn't seem like a very comprehensive one. Honestly, it reminds me of an assignment from my school's Law class, complete with flimsy reasoning and lots of 'filler' content, seemingly in an attempt to compensate for its lack if basis. Of course, the same could be said for Sony's side of the lawsuit. But if Geohot has any intention of wriggling his way out of this, his defense has to be a good one. As credulous some of Sony's accusations against Geohot are, I imagine it'd definitely be easier to be in their position from a legal standpoint. After all, all they had to do is make Geohot seem like a dastardly, vile, malicious piratical fiend. And given Geohot's accomplishments and expertise, it's easy to put that sort of negative spin in him.




			
				Lookie401 said:
			
		

> I chucked a bit on content III
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 Oh, dear lord!


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## 8BitWalugi (Jan 13, 2011)

Twiffles said:
			
		

> tl;dr "Come at me bro"


+1


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## ShadowSoldier (Jan 13, 2011)

Joe88 said:
			
		

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Isn't this SCEA suing though? If so, they're going to have to wait even longer to sue if it's SCEE who will be the cunts.


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## Joe88 (Jan 13, 2011)

im just assuming they will pass it off to them after geohotz trail is dealt with


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## ChuckBartowski (Jan 13, 2011)

misteromar said:
			
		

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Not true. Bushing lives in california. I think blasty might be US as well.... not sure. i know marcan and the others are clear though, they just cant come to the US now.....
Also, i was under the impression he lived in the US. So i dunno where they are getting that from...


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## antwill (Jan 13, 2011)

LOL I hope this costs Hotz quite a bit of money, so sick of that egotistical arrogant jerk.


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## deathking (Jan 13, 2011)

his whole legal response is arrogant


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## TheDarkSeed (Jan 13, 2011)

Sonydoesn't need anymore money! He should be rewarded for his findings not sued. I'm rooting  for the underdog. Go Geo! Wooooooo!!!!!


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## misteromar (Jan 13, 2011)

ChuckBartowski said:
			
		

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I thought Bushing was Spanish or something. With Hotz they are probably talking about different state laws or such.


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## Rydian (Jan 13, 2011)

Legal things always sound arrogant.

I'm willing to bet the "this legal statement from geohot is so arrogant" people never read Sony's.


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## bazamuffin (Jan 13, 2011)

Totally overbroad


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## antwill (Jan 13, 2011)

misteromar said:
			
		

> I dont know where Hotz lives


More than likely in his mother's basement.


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## Pip_X (Jan 13, 2011)

How much geo spent for this lawyer?


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## antwill (Jan 13, 2011)

Pip_X said:
			
		

> How much geo spent for this lawyer?


You didn't hear, his overflowing ego allowed him to represent himself. You see he watched an episode of law and order and believes he's better than them.


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## ShinyLatios (Jan 13, 2011)

I just love this battle

From the PDF file, I just love how he owns Sony here:
*To the best of my knowledge and belief, I do not have a Playstation Networ("PSN") account. As such, I am not bound by the "Playstation Network Terms of Service and User Agreement."*

oh and the PDF clearly says this:
STEWART KELLAR, State Bar #267747
E-ttorney at Law™
148 Townsend St., Suite 2
San Francisco, CA 94107
Telephone: (415) 742-2303
Email: [email protected]
Attorney for Defendant
GEORGE HOTZ

there's your attorney!


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## Stewy12 (Jan 13, 2011)

"Stewart Kellar, E-ttorney at Law™ is a California attorney who believes that technology today is quickly leveling the playing field for artists and small businesses to carve their place in the American business landscape. What remains as a hurdle however, is affordable access to those professional services required for success.

Stewart Kellar, E-ttorney at Law™ began his practice to provide professional legal services to artists, entrepreneurs and established businesses at an accessible service rate. From choosing a business structure to establishing, enforcing, and defending intellectual property rights, Stewart provides full-service attention to his clients.

Stewart has worked on matters involving trademark registration with the US Patent and Trademark Office, copyright registration with the US Copyright Office, copyright enforcement and defense, trademark dilution defense, as well as business structuring and IP portfolio development. He is the former research assistant to J. Thomas McCarthy, author of McCarthy on Trademarks and Unfair Competition and The Rights of Publicity and Privacy."

http://www.linkedin.com/companies/stewart-...-ttorney-at-law

&

http://www.ettorneyatlaw.com/


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## cwstjdenobs (Jan 13, 2011)

Got to love this.



			
				QUOTE said:
			
		

> SONY HAS FAILED TO DEMONSTRATE LIKELIHOOD OF SUCCESS ON
> THE MERITS BECAUSE SONY’S PLAYSTATION 3 IS NOT MERELY A
> DEVICE FOR PLAYING COPY-PROTECTED VIDEO GAMES BUT
> FUNCTIONS AS A MULTIMEDIA PERSONAL COMPUTER.
> ...


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## HaniKazmi (Jan 13, 2011)

I want to see a phoenix wright case based on this, the pdfs seem to come straight from the games


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## heartgold (Jan 13, 2011)

Geohot is on fire  
	

	
	
		
		

		
		
	


	



Sony is asking for their PSP2 to be hacked ASAP by making the hacking community mad and especially the ones they are suing. =P Even more the reason to fuck up their PSP2


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## antwill (Jan 13, 2011)

HaniKazmi said:
			
		

> I want to see a phoenix wright case based on this, the pdfs seem to come straight from the games


Geohotz can be Sal!


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## SamAsh07 (Jan 13, 2011)

heartgold said:
			
		

> Geohot is on fire


You think that's why his name is Hotz?? Point to be noted.


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## GundamXXX (Jan 13, 2011)

I can only applaude Hotz in this case.

Although he's a prick and an arrogant one at that, he is taking Sony to something further then they wanted. I dont think Sony will be able to harm him because they also know its a lost cause and tehy were hoping for a settlement by threat


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## rashef (Jan 13, 2011)




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## shadowmanwkp (Jan 13, 2011)

rashef said:
			
		

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Lol nice find, it's the number of the beast: http://en.wikipedia.org/wiki/Number_of_the_Beast

on topic: I don't know what sony's reaction will be, it might end shortly after it, but it could drag on for a looooong time


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## Rayder (Jan 13, 2011)

I hope Geohot well.  As for Sony, well, I never did have much love for Sony.


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## SifJar (Jan 13, 2011)

Rydian said:
			
		

> Legal things always sound arrogant.
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> I'm willing to bet the "this legal statement from geohot is so arrogant" people never read Sony's.


Or geohot's. 

BTW, will people stop calling him "geohotz"? That's not his name. It's "geohot", "Hotz" or "George Hotz".


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## Dangy (Jan 13, 2011)

SifJar said:
			
		

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Because everybody on the internet goes by their real name.


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## SifJar (Jan 13, 2011)

Dangy said:
			
		

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What? His online nickname is "geohot". Not "geohotz". That's what I'm talking about. I was just adding the contexts in which the "z" is applicable.


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## Dangy (Jan 13, 2011)

SifJar said:
			
		

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Dude, as long as everyone knows what "Geohotz" is refering to, I don't think it matters.


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## antwill (Jan 13, 2011)

geohotz > geohot, really that media whore should have gone with a z at the end all along.


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## Sheimi (Jan 13, 2011)

tl;dr

Anyone want to summarize it for me?


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## Warrior522 (Jan 14, 2011)

link11510 said:
			
		

> tl;dr
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> Anyone want to summarize it for me?



"come at me bro."


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## worlok375 (Jan 14, 2011)

antwill said:
			
		

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Why you mad bro?


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## Giga_Gaia (Jan 14, 2011)

Sony sent one dollar to Geohot paypal account get proof about him accepting donations for this. Of course, after investigation, they discovered Sony did that.

Now for doing something that stupid, Sony obviously lowered their chances to win against Geohot. Not that they have any to begin with.


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## _Chaz_ (Jan 14, 2011)

Giga_Gaia said:
			
		

> Sony sent one dollar to Geohot paypal account get proof about him accepting donations for this. Of course, after investigation, they discovered Sony did that.
> 
> Now for doing something that stupid, Sony obviously lowered their chances to win against Geohot. Not that they have any to begin with.


No really, I can't not laugh at that.

Sony's acting like a child, not an international corporation.


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## RNorthex (Jan 14, 2011)

_Chaz_ said:
			
		

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never heard so much truth in suc few words
it smells like sega back in the 80s


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## antwill (Jan 14, 2011)

worlok375 said:
			
		

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Wow you couldn't tell that was sarcasm? Seriously...?!


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## ComplicatioN (Jan 14, 2011)

Giga_Gaia said:
			
		

> Sony sent one dollar to Geohot paypal account get proof about him accepting donations for this. Of course, after investigation, they discovered Sony did that.
> 
> Now for doing something that stupid, Sony obviously lowered their chances to win against Geohot. Not that they have any to begin with.


That is just lame, LOL. LOL. LOL.


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## Giga_Gaia (Jan 14, 2011)

ComplicatioN said:
			
		

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They've tempered with the case by trying to make him look guilty. The judge won't like this.


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## antwill (Jan 14, 2011)

Giga_Gaia said:
			
		

> They've *tempered* with the case by trying to make him look guilty. The judge won't like this.


The word you're looking for is 'tampered.' And no that's not exactly tampering with any evidence at all...


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## ProtoKun7 (Jan 14, 2011)

Dangy said:
			
		

> Dude, as long as everyone knows what "Geohotz" is refering to, I don't think it matters.
> HI D_I_NGY
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> QUOTE(Giga_Gaia @ Jan 14 2011, 01:43 AM) Sony sent one dollar to Geohot paypal account get proof about him accepting donations for this. Of course, after investigation, they discovered Sony did that.
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 Seriously?

I'm getting the feeling that Sony may not get what they want; I actually hope the "donation" counts against them if it comes to it.


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## Juanmatron (Jan 14, 2011)

Obviously, GeoHot's lawyer is Phoenix Wright.


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## LightyKD (Jan 14, 2011)

Check this out people...

http://www.youtube.com/watch?v=JecBCCI4SIA

The PR Wars have begun... I guess


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## Zerox8610 (Jan 14, 2011)

LightyKD said:
			
		

> Check this out people...
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> http://www.youtube.com/watch?v=JecBCCI4SIA



VERY interesting...
I think he has a good chance of winning


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## stanleyopar2000 (Jan 14, 2011)

Juanmatron said:
			
		

> Obviously, GeoHot's lawyer is Phoenix Wright.




*OBJECTION!!!*

*epic Phoenix Wright voice disintegrates entire Sony PR Team into dust*


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