SCE向Geohotz和fail0verflow提出訴訟 - 改機

http://ppt.cc/0W7p

持續歹戲拖棚中（呵欠）比《夜市人生》還無聊。

Lawyers representing George Hotz (geohot) have moved for a dismissal
of Sony's case against him, citing lack of jurisdiction in California.
PSX-SCENE's WikiLeaks documents are attached but here are some
highlights.
geohot的委任律師請求法院駁回$QNY對geohot的指控，主張是加州法院對本案無
管轄權。PSX-SCENE 在此附上了維基解密(Wikileaks) 的部份文件，以資參照。

The only evidence it has put forth to prove Mr. Hotz has entered the
PSN Agreement is an improperly authenticated screen shot of a PSN
Network account with the username "Geo1Hotz." Declaration of Gilliland
Exh. A. Mr. Hotz does not own or have access to this account. Mr. Hotz
does not live in Rhode Island, does not use the name "Geo1Hotz" which,
in contrast to Mr. Hotz's common handle, utilizes capital letters and
a numeral, and Mr. Hotz was not born in 1995 as in the screen grab.
Id. Sony further falsely states that Mr. Hotz is "reffered to online
as GeoHot." This is untrue. All exhibits submitted by Sony purport to
show that Mr. Hotz goes by the internet name "geohot" without any
capitalized letters or numerals.

對方至今為止針對Hotz先生提出證明他違背 PSN使用者條款的證據只有一張使
用者帳號叫Geo1Hotz的螢幕擷圖。而Hotz先生已經宣示他不具有這個帳戶的存
取權限，而且他本人也不住在羅德島（羅德老大表示：），另外這個Geo1Hotz
的名稱也與Hotz先生平常在網路上所使用的有所不同，出現了大寫字母與數字
。Hotz先生並非如同螢幕擷取圖上所顯示的那樣，出生於1995年，$QNY的主張
Hotz在網路上暱稱就是GeoHot並非事實，所有的證據都指出Hotz先生所使用的
暱稱是全部小寫，並且不包含任何阿拉伯數字的名稱。

In the present case, Sony cannot demonstrate that Mr. Hotz's activity
could even arguably be construed as expressly aimed at California.
To the contrary, the sole alleged tortious activity alleged in this
action involves Mr. Hotz --who is located in New Jersey-- purportedly
improperly accessing portions of his own Playstation Computer-- which
is also located in New Jersey. Sony's primary allegation is that Mr.
Hotz violated the circumvention provisions of the Digital Millennium
Copyright Act ("DMCA") by allegedly circumventing control access to
the Playstation Computer. Sony also includes various other inexplicable
claims for good measure, including Mr. Hotz violating the Computer
Fraud and Abuse Act and the California Computer Crime Law for allegedly
"exceeding access" to Mr. Hotz's very own Playstation Computer, as well
as for Mr. Hotz purportedly "trespassing" on the very Playstation
Computer he lawfully purchased and owns. Sony also alleges that, by
engaging in such conduct, Mr. Hotz has breached the PSN TOS (which is
actually not applicable to Mr. Hotz as demonstrated above).
Nonetheless, this suit centers around the allegation that Mr. Hotz
improperly accessed portions of his Playstation Computer.
$QNY主張geohot的一切活動都與加州有關，但事實是Hotz先生是新澤西州的居
民，而且$CEA也是登記在新澤西州的公司。$QNY除了指控Hotz先生破壞PS3 主
機防護機制的行為已經違反千禧年數位版權法案之外，還追加一堆奇奇怪怪的
指控，例如違反加州的電腦詐騙與毀謗法案，跟違反加州的電腦犯罪法，指控
非法存取、拆解、公開一些$ONY透過合法管道買入並且持有的資訊。$QNY還說
以上的行為都違反了 PSN使用者條款，（但顯然該條款對Hotz先生並無約束力
，理由前面已經說了）。不管如何，訴訟中心主張就是Hotz先生未經允許存取
PS3 主機。

Sony thinks that an unnamed defendant called "Bushing" resides in
California but this person remains a Doe defendant, is not named as a
defendant, and has not been served with process. Further, all evidence
put forth by Sony regarding "Bushing" is improperly authenticated
hearsay. This court should not rely on Sony's speculation of a Does
defendant's place of residence to assert jurisdiction over a non-
resident who is actually named with an address that has been
identified, in New Jersey. Further evidence in this matter is found
primarily on the internet.

Contrary to Sony's assertions, most of the physical evidence and Mr.
Hotz himself, are located in the state of New Jersey. The bulk of
Sony's claims regard evidence found on Mr. Hotz's media devices and in
Mr. Hotz's testimony as a witness. Other than those items, the bulk of
the evidence Sony puts forth may be found on the internet which is
accessible just as easily in New Jersey as in California.

Contrary to Sony's assertions, most of the physical evidence and Mr.
Hotz himself, are located in the state of New Jersey. Sony relies on
the unsubstantiated residency of the unnamed defendant "Bushing" as
a basis for California being the best forum. However, "Bushing" has
not been identified, named, served, or connected with Mr. Hotz in any
way that would warrant bringing the only identifiable defendant out to
California. If "Bushing" does exist and can be ascertained at a later
date, Sony would have to amend the complaint to properly name him/her
which has not occurred. Thus, New Jersey is an alternative forum that
exists to provide Sony with adequate relief. If Sony can obtain
jurisdiction by merely including a hypothetical defendant by the name
of "Bushing" that may live in California, then any Plaintiff can
file suit in California and obtain jurisdiction by adding "Bushing" as
a defendant.

******

以上是geohot律師的回應，$QNY的律師團隨後也反擊了。

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