Sony Vs. GeoHot Heats Up

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?

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“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

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55 Comments

  1. The fact he’s fled the country really isn’t going to look good for him. I don’t think you can claim “I just decided to take a holiday somewhere out US jurisdiction” will quite fly.

    • He’s fled the country? I didn’t hear about that.

      • “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”

      • Oops, right, missed that somehow.

  2. That certainly doesn’t look very good for Hotz. Or should I say… blickmanic!

    • What a funny name…. “blick”

  3. Great news, lets hope he’s used as an example!

  4. He’s been caught with his pants down, no be a man and take the spanking!

  5. Couldn’t happen to nicer guy.

  6. Ouch, lying under oath and then running to a different country are very very very stupid moves when trying to win against a massive global corporation.
    Regardless of whether you think he was “morally right” to do so (which I don’t believe he was), he broke loads of laws here and is being a bit of a jerk. Maybe if he took things seriously he wouldn’t be in this mess?

    • So holding back demanded evidence, lying under oath and fleeing the country. Those sound like the actions of an innocent man… Not!

  7. Can’t wait for the movie! You know it’s going to happen.

  8. I really dont know what is going to be gained from all this. Removal of files from web – too late.
    Money from Hotz – I doubt he has much.
    A deterrent to other hackers – maybe

    • This and why the heck is Sony so keen on trialing GeoHot in California? Is there some special law that does not exist in New Jersey that Sony wants to use against him?

      • California has a reputation of siding with the corporate giants when it comes to IP law.. Personally, I think with Sony trying so hard to get this heard in California, it just seems that their case may not hold up in other states.

    • They need to play it out properly or the script’ll look unfinished when it’s made into a film.

      • Ahha finally it makes sense. I picture Robert de Niro as Geohot

  9. Is there a bounty on his head yet? Can we send Tuffcub after him and claim that?

  10. what a noob lol

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