http://ppt.cc/0W7p 持续歹戏拖棚中（呵欠）比《夜市人生》还无聊。 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的委任律师请求法院驳回$QNY对geohot的指控，主张是加州法院对本案无 管辖权。PSX-SCENE 在此附上了维基解密(Wikileaks) 的部份文件，以资参照。 The only evidence it has put forth to prove Mr. Hotz has entered the PSN Agreement is an improperly authenticated screen shot of a PSN Network account with the username "Geo1Hotz." Declaration of Gilliland Exh. A. Mr. Hotz does not own or have access to this account. Mr. Hotz does not live in Rhode Island, does not use the name "Geo1Hotz" which, in contrast to Mr. Hotz's common handle, utilizes capital letters and a numeral, and Mr. Hotz was not born in 1995 as in the screen grab. Id. Sony further falsely states that Mr. Hotz is "reffered to online as GeoHot." This is untrue. All exhibits submitted by Sony purport to show that Mr. Hotz goes by the internet name "geohot" without any capitalized letters or numerals. 对方至今为止针对Hotz先生提出证明他违背 PSN使用者条款的证据只有一张使 用者帐号叫Geo1Hotz的萤幕撷图。而Hotz先生已经宣示他不具有这个帐户的存 取权限，而且他本人也不住在罗德岛（罗德老大表示：），另外这个Geo1Hotz 的名称也与Hotz先生平常在网路上所使用的有所不同，出现了大写字母与数字 。Hotz先生并非如同萤幕撷取图上所显示的那样，出生於1995年，$QNY的主张 Hotz在网路上昵称就是GeoHot并非事实，所有的证据都指出Hotz先生所使用的 昵称是全部小写，并且不包含任何阿拉伯数字的名称。 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. $QNY主张geohot的一切活动都与加州有关，但事实是Hotz先生是新泽西州的居 民，而且$CEA也是登记在新泽西州的公司。$QNY除了指控Hotz先生破坏PS3 主 机防护机制的行为已经违反千禧年数位版权法案之外，还追加一堆奇奇怪怪的 指控，例如违反加州的电脑诈骗与毁谤法案，跟违反加州的电脑犯罪法，指控 非法存取、拆解、公开一些$ONY透过合法管道买入并且持有的资讯。$QNY还说 以上的行为都违反了 PSN使用者条款，（但显然该条款对Hotz先生并无约束力 ，理由前面已经说了）。不管如何，诉讼中心主张就是Hotz先生未经允许存取 PS3 主机。 Sony thinks that an unnamed defendant called "Bushing" resides in California but this person remains a Doe defendant, is not named as a defendant, and has not been served with process. Further, all evidence put forth by Sony regarding "Bushing" is improperly authenticated hearsay. This court should not rely on Sony's speculation of a Does defendant's place of residence to assert jurisdiction over a non- resident who is actually named with an address that has been identified, in New Jersey. Further evidence in this matter is found primarily on the internet. Contrary to Sony's assertions, most of the physical evidence and Mr. Hotz himself, are located in the state of New Jersey. The bulk of Sony's claims regard evidence found on Mr. Hotz's media devices and in Mr. Hotz's testimony as a witness. Other than those items, the bulk of the evidence Sony puts forth may be found on the internet which is accessible just as easily in New Jersey as in California. Contrary to Sony's assertions, most of the physical evidence and Mr. Hotz himself, are located in the state of New Jersey. Sony relies on the unsubstantiated residency of the unnamed defendant "Bushing" as a basis for California being the best forum. However, "Bushing" has not been identified, named, served, or connected with Mr. Hotz in any way that would warrant bringing the only identifiable defendant out to California. If "Bushing" does exist and can be ascertained at a later date, Sony would have to amend the complaint to properly name him/her which has not occurred. Thus, New Jersey is an alternative forum that exists to provide Sony with adequate relief. If Sony can obtain jurisdiction by merely including a hypothetical defendant by the name of "Bushing" that may live in California, then any Plaintiff can file suit in California and obtain jurisdiction by adding "Bushing" as a defendant. ****** 以上是geohot律师的回应，$QNY的律师团随後也反击了。 -- ○ ____ _ _ _ _ ____ _ _ ____ _____ ____ 。 ★(_ _)( \( )( \/ )( ___)( \( )(_ _)( _ )( _ \ ｏ _)(_ ) ( \ / )__) ) ( )( )(_)( ) / ● ‧ (____)(_)\_) \/ (____)(_)\_) (__) (_____)(_)\_) ★ ｏ --

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