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Lol fear and arif that was a good readI have twitter to https://twitter.com/GamerYuichi , Also started youtube https://www.youtube.com/channel/UCMu7yRGCz8QrTyxaNVR3Tqw I don't always twitch, but when I can you can find my noobness http://www.twitch.tv/yuichimccry,
- Join Date
- Apr 2006
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It is also worth noting that SCEA has failed to proffer any PSN TOS that could be applicable to Mr. Hotz, even assuming everything SCEA has said is true, because the PSN TOS SCEA has proffered was created after Mr. Hotz purportedly created a PSN account.
Now, SCEA claims that Mr. Hotz must have created a PSN account for the name “blickmaniac” because the serial number of one of the Playstation Computers that Mr. Hotz purchased-- including 3 Playstation Computers that were purchased used-- was used to register a PSN account. The serial number utilized by SCEA, however, is different from the serial number proffered by Mr. Hotz's attorney
To be clear, Sony Japan-- not SCEA-- is responsible for manufacturing, distributing, and marketing the Playstation Computer. Sony Japan is the owner of all rights, title, and interest in, to and under the copyrights in the PS3 Programmer Tools, although SCEA misleadingly lists this information under the heading “SCEA's Copyrights and Copyright Licenses”. Complaint, ¶30. On the other hand, SCEA, which is not even a subsidiary of Sony Japan, focuses on the sales of products and video games. Complaint, ¶22. SCEA develops, markets and distributes video games, and speaks extensively about video games in its pleadings. Opposition, p2. However, Mr. Hotz' actions have nothing to do with video games and the Code does not provide users the ability to run pirated video games or any other pirated software, as SCEA claims. Opposition, p2.
Presumably, had one of Sony Japan's hundreds of affiliates initiated a lawsuit in a different forum, such affiliate would modify the discourse to argue that Hotz focused on music (e.g., Sony Music Entertainment, Inc.), movies (e.g., Sony Pictures Classics, Inc.), electric components (e.g., Sony Corporation, Inc.), or some other aspect tangentially related to the Playstation Computer in an attempt to confer jurisdiction in such forum. The Playstation Computer provides for many functions-- in fact, it's slogan is that “It Only Does Everything”. The fact that Mr. Hotz purportedly impacted the Playstation Computer does not mean that all of these affiliates, including component manufacturers in China, can suddenly claim that Mr. Hotz directed his activities toward them.
When one purchases a Playstation Computer and looks at its outer box, it has plastered on numerous places that it is a product of Sony Japan and all rights belong to Sony Japan. It only references Sony Japan-- not SCEA. When one takes the Playstation Computer out of its box and inspects it, it states it is a product of Sony Japan and all rights belong to Sony Japan. It does not reference California. When one installs the Playstation Computer firmware update that Mr. Hotz allegedly circumvented, which can legally be obtained through the internet as Mr. Hotz did, upon installation, it only refers to Sony Japan.
2. The quote in question Hotz' lawyer is trying to put through mental gymnastics is
“If you want your next console to be secure, contact me, any of you three.”
3. The box and documents state SCE, which is an all encomassing term for SCEJ/SCEasia, SCEE and SCEA. They use that terminology because products and games can be used interchangeably between divisions so an all encompassing term for the branches suit best.
4. You have to ask the court to file something under seal. Sony filed under seal after the motions were granted by the court. If the files being sealed somehow hindered the courts ability "to do its work" I doubt they would have granted it.
Groklaw has been terribly suspect with the presentation of this case especially with the side commentary that is either inane or simply false. Going everywhere from talking about Sony BMG and bringing up PlayStation Suite as if it has any relevance. If I was only to follow and believe groklaw I would be continuously stunned and amazed at how much Sony has defeated over the OtherOS case and the actions granted in the Hotz case. Because instead of looking at the facts straight, the amount of spin Groklaw has put on this, makes sony's court achievements seem miraculous. To me, this type of spin only seems prevalent in those trying to defend hotz as if this case is symbolic of something greater. It isn't.
Hacking won't ever stop. Homebrew and piracy will not stop. And Hotz winning won't bring positive things to the table. People honestly think that Sony wouldn't adapt to what went wrong and try something even more horribly restrictive but legally sound? There is no win for any real gamers supporting Hotz and there is no win for homebrew supporters either.
I disagree with your assessment of it, and agree with what I posted. So again, we'll see.
you guys are still going on about geohotz the things moved on oh yeah Graf another ps3 dev whos trying to bring back linux got $28,000 in donations for ps3 legal defence fund lols in under a week
If it has a firmware update, it'll tell you before the game launches.
Apparently Geohot didn't know SCEA 'existed'...
Lawyers for George Hotz, the most famous PlayStation 3 hacker in the world, say his client thought Sony was a Japanese company and had no idea that Sony Computer Entertainment of America even existed.
The Sony v. Geohot case is complicated and I'm easily confused, so maybe there's something about this particular argument that makes sense and it's just going over my head. I could buy the idea that George Hotz didn't know Sony Computer Entertainment of America was based in California, but his argument that he didn't know it existed at all? That's a little tougher to swallow. That's his story, though, and it looks like he's sticking to it.
"When one purchases a PlayStation Computer and looks at its outer box, it has plastered on numerous places that it is a product of Sony Japan and all rights belong to Sony Japan. It only references Sony Japan - not SCEA," his lawyer explained in a court filing. "When one takes the PlayStation Computer out of its box and inspects it, it states it is a product of Sony Japan and all rights belong to Sony Japan. It does not reference California. When one installs the PlayStation Computer firmware update that Mr. Hotz allegedly circumvented, which can legally be obtained through the internet as Mr. Hotz did, upon installation, it only refers to Sony Japan."
Hotz also declared in a separate document - under penalty of perjury, mind - that he was unaware of the existence of Sony Computer Entertainment of America. He claimed that the manuals for the used consoles he purchased, which are the only documentation included with the system that actually mention SCEA or California, were either missing or got tossed out without being looked at, and that the one that came with the new Slim system he purchased has never been looked at and is in fact still sealed. His lawyer even took multiple photographs of the package and unopened manuals as proof that Hotz never read it and thus knew nothing about SCEA.
Why is this important? It's a matter of establishing jurisdiction. Hotz and his lawyers are arguing that the case should be thrown out because the state of California doesn't have jurisdiction over the matter and while the idea that he'd never heard of SCEA is patently silly, if Sony can't prove otherwise it might find itself in a bit of a sticky wicket.
Sony ran into similar issues when it tried to pin newly-created PSN accounts on Hotz, claiming that the Terms of Service agreement establish jurisdiction, but that argument appears to have fallen through since the serial number in question doesn't actually match up and the company has been unable to provide any other links between the accounts and Hotz.
And if you're wondering why Hotz kept the packaging and still-sealed manuals for the PS3 Slim he bought while everything else ended up in the garbage, the answer is simple. "Because it was pretty," he said.
EDIT: For the record, I count 9 references of 'SCEA' on the back of my original 60GB box. 3 in 3 different languages. So 3 under the English section, 3 under French, and 3 under Spanish. It has the link: scei.co.jp/ps3-eula twice, and it mentions Sony Computer Entertainment Inc. about 15 times.
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