SCE向Geohotz和fail0verflow提出訴訟 - 改機

http://psx-scene.com/forums/f6/sony-vs-geohot-update-79738/

The legal action between Sony and PlayStation 3 hacker George Hotz
(Geohot) continues, with Hotz' lawyer Stewart Kellar fighting for
jurisdiction in New Jersey, not California. His latest motion seeks a
dismissal of the temporary restraining order due to improper venue and
lack of personal jurisdiction.

簡單的說就是geohot的委任律師還在爭「訴訟管轄權」，提出抗告要求撤銷假處
分。假處分的許可對$QNY來說就像是尚方寶劍，有了這把劍就開始砍人了。

除了總部位在加州的github收到DCMA禁令要求徹下所有相關的程式分享之外，總
部位在挪威的gitorious 也越洋收到了禁令，但在撤下幾個程式分享來源後，也
決定接下來除非$QNY能夠舉證哪一條程式碼違反了著作權或是挪威法律，否則將
拒絕配合

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http://psx-scene.com/forums/f6/gitorious-fires-back-sony-79739/

As we reported previously, Gitorious received a DMCA takedown notice
from Sony and removed several PS3 dev gits as a result. Now, Gitorious
is fighting back, refusing to remove any more repositories unless Sony
can prove under Norwegian law that they are illegal.

Quote:
We have just sent an email to Sony's legal attournes in reply to
their DMCA takedown notice sent to us yesterday:

Re: Demand for removal of claimed copyright infringing content from
Gitorious.org

This is in reply to your notification of United States Copyright Law
Violations at Listed URLs, dated February 1st 2011. As we confirmed
via email yesterday, the content was taken down from gitorious.org
yesterday at 3.18PM CET.

Your claim made reference to US law, which is not applicable in
Norway. When removing the content from our server placed in Norway,
we did so to avoid being in violation with Norwegian law, to the
degree that Norwegian and US copyright law is compatible.
貴公司的主張乃基於美國法律，但在挪威這裡美國法律並不適用。我們配合移
除是因為考量到挪威法跟美國法相同的部份。

However, it is unreasonable, and in conflict with basic legal
principles, to assume someone as guilty until proven innocent.
Allowing any third party to demand the removal of content on
gitorious.org based on unproven claims of copyright infringement
would assume any gitorious.org user would need to prove his innon-
cence under Norwegian law. This is unacceptable to us.
但是，這種「有罪推定」的原則並不合理，且違反法律的基本原則。我們不能
因為第三人提出要求就除相關的程式。提出要求的人要能夠證明這些程式確實
侵權，而不是反過來要求原來分享的人想辦法證明自己的清白。因此貴公司的
要求恕難從命。

Our Infringement Notice Policy (Infringement Notice Policy) requires
any Infringement Notice to include:
根據我方的侵權處理規定，要提出侵權指控必須有如下要件：

- An identification of the intellectual property right claimed to have
been infringed
必須指明有哪些智慧財產全力遭到侵犯

Since your letter of yesterday contained no reference to Norwegian law
we kindly ask that you prove that the content is in fact in violation
of Norwegian law. We will not act on further Infringement Notices
related to this content until SCEA provides a Norwegian court order
that deems the content in question as being in violation of Norwegian
law.
既然貴公司昨日的來函中什麼都沒附上，我們懇請貴公司將相關違反挪威法律
的內容附上，不然除非$QNY能夠取得挪威本地的法院命令，我們不會配合。


Gitorious wants to make it absolutely clear that we have no agenda
relating to the repositories in question. Our initial response to this
notice was motivated by the fact that Gitorious could possibly be held
accountable for not responding should this content be deemed illegal
(with reference to "Ehandelsloven" §18). We object deeply to any
violation of the basic legal principle of being innocent until proven
guilty. This is why we have passed the ball back to Sony.

We hope you understand that it is not in Gitorious', or the majority
of its users', best interest to pick this fight. We don't have the
resources nor necessary domain knowledge to assess the legality of all
of our projects, which is why we have terms of service that state that
users carry this responsibility.


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