OK so we have a big problem here. Sony has been taking its frustrations of ill-designs out on Hotz. To give a little insight into the history of this beef;
That's pretty much that situation from what I've gathered - I could have this whole thing incorrectly, however that's the blunt of what is going on.
In further detail of what Sony is actually doing; In abuse, they are trying to close down all the holes that have been discovered in the PlayStation 3. I don't blame them for trying to fix it. If I was in that position, I'd probably .. Well in the first place, I would not have sold-out my customers and ripped away a key-point of what some people purchased the console for.
So they continue to shut Hotz up. They are successful. Now they wish to push the limits even further and take away this person's computers, and such - I think that has gone way too far.
Discoveries, and I mean all kinds of discoveries have been pushed due to exploring one's hardware and software. These discoveries have been shared, manipulated, recreated, rolled, racked, packed, and practically anything else you could think of. It's just simply one of the ways technology evolves.
Some time ago, it was passed that phones could legally (or should I say "exempt" from DMCA) be cracked, and customers could do whatever they want with them. After all, they did purchase it and it shall be their decision to do whatever they want with it. This even goes for DVDs, games, and everything else on these things - The possibilities are endless with this loop.
Why are consoles any different? Do people not own these devices when they buy them? Or is that large companies such as Sony wish to rent out their hardware rather than sell it.
Don't be fooled by the smiley faces as they come with "we own your soul" agreements.
Hotz has responded [PDF] to the motion for the TRO with an interesting affidavit [PDF] attached. In the affidavit, he claims Sony has its facts wrong in the following respects: first, he says he doesn't live in California or have sufficient contacts with California to give Sony jurisdiction over him. And he wasn't served. He just got an email saying there would be a hearing the following day. To explain that, an ex parte hearing is for the benefit of just one party, who must claim it's an emergency requiring urgent action, and any order by the court is followed up with a regular hearing afterward, with both parties there and prepared.
It gets a little more funny than this. Sony is now in the position of losing the case - In my eyes. Due to Hotz not having the funds to be able to stay in California to be able to defend himself.
From Hotz' lawyer(s):
Mr. Hotz is a resident of New Jersey, and he lacks sufficient contacts with California to confer personal jurisdiction over Mr. Hotz and venue is improper....Due Process requires that, in order for a forum to exercise personal jurisdiction over a nonresident defendant, that “he have certain minimum contacts with it such that the maintenance of the suit does not offend 'traditional notions of fair play and substantial justice'."... In the present case, SCEA cannot demonstrate that Mr. Hotz's activity could even arguably be construed as expressly aimed at California. To the contrary, the sole alleged activity 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. The Playstation computer is not made by SCEA. It is made by Sony Inc. which is a Japanese corporation. That's wise, Sony.
Time to prepare lots of paper and collect mass amounts of information, er spy on your prey. As I thought, before, Sony themselves think the case is starting to fall apart, and wish to move quickly to gather more information on Hotz.
Asking (forcing) other companies such as YouTube and Twitter to hand over information about the defendant. You know what, they even asked for info on the private video. Isn't it private for a reason?!
This is just turning into (like many others) a very nasty situation. This DMCA (among other things) is being beefed up, guarded heavily, and thrown at people who disagree with everything and anything.
Yep. So, that wraps it up - If Sony doesn't move quickly, I can see this case literally falling apart. And I hope it does. Although, something tells me it'll go on longer than needed.
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