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. 简单的说就是geohot的委任律师还在争「诉讼管辖权」，提出抗告要求撤销假处 分。假处分的许可对$QNY来说就像是尚方宝剑，有了这把剑就开始砍人了。 除了总部位在加州的github收到DCMA禁令要求彻下所有相关的程式分享之外，总 部位在挪威的gitorious 也越洋收到了禁令，但在撤下几个程式分享来源後，也 决定接下来除非$QNY能够举证哪一条程式码违反了着作权或是挪威法律，否则将 拒绝配合 ****** 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. 贵公司的主张乃基於美国法律，但在挪威这里美国法律并不适用。我们配合移 除是因为考量到挪威法跟美国法相同的部份。 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，这种「有罪推定」的原则并不合理，且违反法律的基本原则。我们不能 因为第三人提出要求就除相关的程式。提出要求的人要能够证明这些程式确实 侵权，而不是反过来要求原来分享的人想办法证明自己的清白。因此贵公司的 要求恕难从命。 Our Infringement Notice Policy (Infringement Notice Policy) requires any Infringement Notice to include: 根据我方的侵权处理规定，要提出侵权指控必须有如下要件： - An identification of the intellectual property right claimed to have been infringed 必须指明有哪些智慧财产全力遭到侵犯 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. 既然贵公司昨日的来函中什麽都没附上，我们恳请贵公司将相关违反挪威法律 的内容附上，不然除非$QNY能够取得挪威本地的法院命令，我们不会配合。 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. -- ○ ____ _ _ _ _ ____ _ _ ____ _____ ____ 。 ★(_ _)( \( )( \/ )( ___)( \( )(_ _)( _ )( _ \ ｏ _)(_ ) ( \ / )__) ) ( )( )(_)( ) / ● ‧ (____)(_)\_) \/ (____)(_)\_) (__) (_____)(_)\_) ★ ｏ --

※ 发信站: 批踢踢实业坊(ptt.cc) ◆ From: 122.117.54.160