Sony’s response to Judge’s doubt of Jurisdiction

Discussion in 'User Submitted News' started by Nujui, Jan 19, 2011.

  1. Nujui
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    Nujui I need something to do.

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

    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.



    Source:http://www.ps3hax.net/2011/01/sonys-response-to-judges-doubt-of-jurisdiction/#axzz1BSTPUDfh
     
  2. Rydian

    Rydian Resident Furvert™

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    Talk about grasping at straws.

    But this is Sony.
     
  3. zeromac

    zeromac Finally reached 1000 posts EXACTLY

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    [​IMG] I like how Sony are trying to sue him in a California law just because he used services provided by companies which reside in California
     
  4. Pyrmon

    Pyrmon Burnin' Monkey Love

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    What's so different about California laws?
     
  5. Edgedancer

    Edgedancer Director of Moon based operations

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    THis is what I want to know. What precedents exist in California Law that makes it beneficial to Sony?
     
  6. KingVamp

    KingVamp Great... AETHER!

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    idk seem like a waste of time to me., this could have been over by now.
     
  7. steveo1978

    steveo1978 GBAtemp Regular

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    Its Federal Court so it would not really have anything to do with California Law. I think Sony just wants it closer to their Headquarters.
     
  8. 431unknown

    431unknown Greatness Awaits

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    I don't think it has to do with anything other than the fact that geohot fucked them over by posting the keys. They want to make him suffer as much as they can anyway they can for that. They just want to try and break, beat, and wear him down as much as possible.
     
  9. Oveneise

    Oveneise GBAtemp Advanced Fan

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    Sony is beating a dead horse, they should've known their system was going to get compromised one day, so why waste time suing him when the damage has already been done? Very intimidating, Sony, I guess...
     
  10. misteromar

    misteromar GBAtemp Regular

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    I think Hotz is going to get boned by Sony, I just feel sorry for Bushing and the other guys getting dragged down by him being a massive attention whore.

    I would have thought Bushing and Co would have a better chance of defending the work they did before Hotz released the PS3's private keys and CFW.
     
  11. GreatZimkogway

    GreatZimkogway Still a Touhou Fanatic

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    So Sony knows it acted too fast, too rashly, and is trying to grasp at whatever it can, knowing it won't work. Nice job, Sony. Nice job.
     
  12. Zetta_x

    Zetta_x The Insane Statistician

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    The best security in a system is no system at all [​IMG]