Article written by Dan Lee.
Published on 23/03/2011 at 01:16 PM.
It looks like the Sony vs. GeoHot case has progressed a step further, but not in the hacker’s favour. A document filed by SCEA has detailed how GeoHot has tried to avoid handing over his PS3 for inspection, and how he has lied under oath regarding setting up a PSN account.
Ready for some reading?
“Though the evidence establishing personal jurisdiction is already overwhelming, SCEA has little doubt that there is much more. However, over the last several weeks. Hotz has engaged in a campaign to thwart jurisdictional discovery at every turn –regardless of whether the Court has ordered such discovery or not.
Most seriously, after Magistrate Judge Spero ordered an inspection of Hotz’s devices and ordered Hotz to appear at a deposition in California, SCEA learned that Hotz had deliberately removed integral components of his impounded hard drives prior to delivering them to a third party neutral and that Hotz is now in South America, an excuse for why he will not immediately provide the components of his hard drives as requested by the neutral. Hotz’s attempts to dodge this Court’s authority raise very serious questions.”
Then there is the case of his PSN account:
On January 12, 2011, Hotz submitted a declaration to the Court (Docket No. 19-1) in which he made unequivocal statements on a number of topics. However, when it came to discussing the PSN account, Hotz equivocated, stating: “To the best of my knowledge and belief, I do not have a PlayStation Network account.” Hotz also provided interrogatory responses that he has refused to verify, stating that he has not accessed the PSN. Bricker Decl. ¶4.Hotz identified four PS3 Systems in his possession.
Bricker Decl., ¶4, Exh. C. He explained that he had purchased one of these consoles new in February 2010 and provided the serial number for that console. Id. SCEA used that serial number to determine that on February 25, 2010, Hotz purchased the PS3 System at a Gamestop store just miles from his home. Law Decl., ¶6; Bricker Decl., ¶6, Exh. E. SCEA’s records show that the same PS3 System was used on March 10, 2010 to create a PSN account under the user name “blickmanic.” Law Decl., ¶6, Exh. A. The IP address associated with the registration is located in Glen Rock, New Jersey, where Hotz lives.
Hotz’s ownership of the “blickmanic” account is further supported by the fact that an Internet search of the user name “blickmanic” reveals a posting discussing the jailbreaking of cellular phones – Hotz’s original “claim to fame.” Bricker Decl., ¶7, Exh. F (“Just curious what people would pay for exclusive rights to this solution. [Motorola] Tracfone W175g unlocked and debranded. PM me.”) As discussed above, to create his PSN account, Hotz was required to first agree to the terms of the PSN User Agreement and thus he is clearly subject to personal jurisdiction in California. It is well established that a valid and enforceable forum selection clause operates as consent to personal jurisdiction in a designated forum.
The record is now clear that Hotz did in fact accept the terms of the PSN User Agreement, and thereby agreed to its forum selection clause.”
This is generally known as ‘being caught with your pants down’.
Source: VGHQ, Thanks Shogun Darius