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
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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