Geohot Responds to Sony's Legal Motion

Discussion in 'User Submitted News' started by deathking, Jan 13, 2011.

Jan 13, 2011
  1. deathking
    OP

    Member deathking GBAtemp Advanced Fan

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    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
     


  2. monkat

    Banned monkat I'd like to see you TRY to ban me. (Should I try?.

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    Whoever typed that up is a horrible typist.
     
  3. DigitalDeviant

    Member DigitalDeviant GBAtemp Addict

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    Well looks like geohotz has the ballsy lawyers... [​IMG]
     
  4. _Chaz_

    Member _Chaz_ GBAtemp's Official Mook™

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

    Member Pyrmon Burnin' Monkey Love

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    Geohot's attorney for the win!
    Hope that'll shut them up
     
  6. Joe88

    Member Joe88 [λ]

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    that is hotz attorney, which seems he didnt even bother to get a good one if his lawyer submitted this
     
  7. deathking
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    Member deathking GBAtemp Advanced Fan

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    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.
     
  8. godreborn

    Member godreborn GBAtemp Advanced Fan

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    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.
     
  9. ShadowSoldier

    Member ShadowSoldier GBAtemp Guru

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

    I'd fucking say so.
     
  10. _Chaz_

    Member _Chaz_ GBAtemp's Official Mook™

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    Proves how much I could stand to read of it.
     
  11. misteromar

    Member misteromar GBAtemp Regular

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    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.
     
  12. Lookie401

    Member Lookie401 GBAtemp Regular

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    I chucked a bit on content III
    [​IMG]
     
  13. Bladexdsl

    Member Bladexdsl ZOMG my posts...it's over 9000!!!

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    translation: FUCK YOU SONY! [​IMG]
     
  14. Joe88

    Member Joe88 [λ]

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    thats where SCEE will come into play
     
  15. Twiffles

    Member Twiffles танковые победы

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    tl;dr "Come at me bro"
     
  16. Shano56

    Member Shano56 noobie

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

    Member geoflcl Permanent GBAtemp Newbie

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    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.


    [​IMG] Oh, dear lord!
     
  18. 8BitWalugi

    Member 8BitWalugi Taiyohhhhhh!

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    +1
     
  19. ShadowSoldier

    Member ShadowSoldier GBAtemp Guru

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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.
     
  20. Joe88

    Member Joe88 [λ]

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

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