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[ArsTech] Sony v. Hotz: mismatched serial numbers and sealed manuals - Page 5

post #41 of 87
Quote:
Originally Posted by bulmung View Post
He didn't sign up to psn! There maybe a eula I dont know what that entails, but whos to say he didnt crack past the EULA? untill they can prove he signed up for anything then they have no case. They are trying to prove he bought a ps3 with no receipt and they have an ip address linked to a psn
account near his home.

If you have proof he has a psn account please contact Sony, they could use it.
Quote:
Originally Posted by DuckieHo View Post
Prove it. Sony is trying really hard to... but can't.



Read the article. Laws differ from state-to-state and country-to-country.

So.... under which jursidication did he break the law (if there was a law against his action)?
Proof? How about what has already been established in court preceedings:


On January 12, 2011, Hotz submitted a declaration to the Court (Docket No. 19-1) in which he made unequivocal statements on a number of topics. However, when it came to discussing the PSN account, Hotz equivocated, stating: “To the best of my knowledge and belief, I do not have a PlayStation Network account.†Hotz also provided interrogatory responses that he has refused to verify, stating that he has not accessed the PSN. Bricker Decl. ¶4.Hotz identified four PS3 Systems in his possession. Bricker Decl., ¶4, Exh. C. He explained that he had purchased one of these consoles new in February 2010 and provided the serial number for that console. Id. SCEA used that serial number to determine that on February 25, 2010, Hotz purchased the PS3 System at a Gamestop store just miles from his home. Law Decl., ¶6; Bricker Decl., ¶6, Exh. E. SCEA’s records show that the same PS3 System was used on March 10, 2010 to create a PSN account under the user name “blickmanic.†Law Decl., ¶6, Exh. A. The IP address associated with the registration is located in Glen Rock, New Jersey, where Hotz lives. Then, more evidence regarding his PSN account was discovered:


Hotz’s ownership of the “blickmanic†account is further supported by the fact that an Internet search of the user name “blickmanic†reveals a posting discussing the jailbreaking of cellular phones – Hotz’s original “claim to fame.†Bricker Decl., ¶7, Exh. F (“Just curious what people would pay for exclusive rights to this solution. [Motorola] Tracfone W175g unlocked and debranded. PM me.â€) As discussed above, to create his PSN account, Hotz was required to first agree to the terms of the PSN User Agreement and thus he is clearly subject to personal jurisdiction in California. It is well established that a valid and enforceable forum selection clause operates as consent to personal jurisdiction in a designated forum.

Quote:
Originally Posted by Kick View Post
There is no proof he signed up for a PSN account,

As the article stated, if they had proof, it would have been in the courts already.

They have no solid evidence to bring Hotz down in the case.

So please, read the article before you comment
So please, stay updated on the story so I don't have to come in here and spank you again.
post #42 of 87
Quote:
"the reason i kept the slim box (for the playstation i purchased new) was because it was pretty," he claimed.
lol
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post #43 of 87
Quote:
Originally Posted by XNine View Post
Proof? How about what has already been established in court preceedings:
Circumstantial evidence is not proof.
1) A Sony PS3 was purchased near the Hotz house. Can you be 100% sure that the PS3 in question is undoubtedly Hotz's? No... unless you have credit card or recipt information.

2) Someone in Hotz town registered for PSN. However, his neighbor already testified it was him. The point is moot.

3) A username who happens to also post on the Internet about bricking phones. How does this prove that Hotz is one and the same? Note that Sony also claimed another PSN username to be Hotz based solely on similiar spelling.
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post #44 of 87
Quote:
Originally Posted by xxicrimsonixx View Post
*Hotz's attorneys claim that he couldn't have known that Sony Computer Entertainment of America existed, since the manuals for his new PlayStation 3 remained sealed.*

So, what have we learnt here today? If you don't know about something, it no longer exists That's why when I go do something illegal, and nobody sees me, what I did no longer exists...

Oye, the logic behind that is completely incorrect.
Seriously, they must be extremely desperate.
What ever happened to "ignorance is no excuse in the eyes of the law"?
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post #45 of 87
Quote:
Originally Posted by Zinxe View Post
Seriously, they must be extremely desperate.
What ever happened to "ignorance is no excuse in the eyes of the law"?
...whatever happened to read the article before commenting?

Which law did he break since legal laws are not universal.
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post #46 of 87
Quote:
Originally Posted by XNine View Post
Proof? How about what has already been established in court preceedings:

So please, stay updated on the story so I don't have to come in here and spank you again.
Updated? Jan 2011 is updated?

This article is talking about how there's a discrepancy between the evidence ''provided'' and the ''proof'' sony has against Hotz.

If the fact that he made a PSN account under blickmanic was true, why would the article make a big fuss about the difference in the serial number?

Also, if the ps3 was bought at the gamestop, shouldnt Sony be able to come up with the receipt from them? where is that at?

How are you going to spank me? Staying updated while posting info from 2 or so months ago? Right. You must also believe the Earth is still flat

I would just stop posting if I were you.

Also, see Duckie's post a few posts above me.
Edited by Kick - 3/28/11 at 12:42pm
    
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post #47 of 87
Quote:
Originally Posted by XNine View Post
Proof? How about what has already been established in court preceedings:


On January 12, 2011, Hotz submitted a declaration to the Court (Docket No. 19-1) in which he made unequivocal statements on a number of topics. However, when it came to discussing the PSN account, Hotz equivocated, stating: “To the best of my knowledge and belief, I do not have a PlayStation Network account.†Hotz also provided interrogatory responses that he has refused to verify, stating that he has not accessed the PSN. Bricker Decl. ¶4.Hotz identified four PS3 Systems in his possession. Bricker Decl., ¶4, Exh. C. He explained that he had purchased one of these consoles new in February 2010 and provided the serial number for that console. Id. SCEA used that serial number to determine that on February 25, 2010, Hotz purchased the PS3 System at a Gamestop store just miles from his home. Law Decl., ¶6; Bricker Decl., ¶6, Exh. E. SCEA’s records show that the same PS3 System was used on March 10, 2010 to create a PSN account under the user name “blickmanic.†Law Decl., ¶6, Exh. A. The IP address associated with the registration is located in Glen Rock, New Jersey, where Hotz lives. Then, more evidence regarding his PSN account was discovered:


Hotz’s ownership of the “blickmanic†account is further supported by the fact that an Internet search of the user name “blickmanic†reveals a posting discussing the jailbreaking of cellular phones – Hotz’s original “claim to fame.†Bricker Decl., ¶7, Exh. F (“Just curious what people would pay for exclusive rights to this solution. [Motorola] Tracfone W175g unlocked and debranded. PM me.â€) As discussed above, to create his PSN account, Hotz was required to first agree to the terms of the PSN User Agreement and thus he is clearly subject to personal jurisdiction in California. It is well established that a valid and enforceable forum selection clause operates as consent to personal jurisdiction in a designated forum.



So please, stay updated on the story so I don't have to come in here and spank you again.
Wow some one really doesnt like reading the thread article.

Quote:
Hotz' counsel also included a comment from his blog with another individual claiming responsibility for the account. "Guys, this is all a misunderstanding. That console that Sony talks about is mine and the PSN account was created by me!!! See, I live next door to George Hotz and we've always been good friends," the individual explained. "At the time I bought the console, I was waiting to be connected to the internet by my ISP so I asked Hotz if I could use his for a while. Good neighbors, that's all." He also added a very nice message telling Sony to "suck this," with the "S" in Sony replaced by a dollar sign. A fine rhetorical trick, often utilized in the comments to many compelling news stories.
Dont come back with some stupid remark how you spanked anyone, especially without reading first.
Small but mighty!
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post #48 of 87
Quote:
Originally Posted by bulmung View Post
Wow some one really doesnt like reading the thread article.



Dont come back with some stupid remark how you spanked anyone, especially without reading first.
Yep, as I said, I would just stop posting in this thread if I were you XNine
    
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post #49 of 87
the thing that angers me most about this situation is that on a personal level, I think the guy acted like a spoiled brat, carrying on with something that he was obviously asked to stop earlier by Sony--and in the spirit of being a decent person, and using a product for what it was meant to do, I feel he was in the wrong, and as a decent person, should have stopped. But on a non-personal level, I don't think Sony can succeed well with this. If they were trying to make a statement, and set the precedent that hacking their systems would not be tolerated, and generated severe consequences, they seem to have failed, and this is all progressing too slow for them to gain any real clout in the matter. If they can't succeed in going after him in a court, it's just going to look bad for them.
    
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post #50 of 87
Quote:
Originally Posted by guyladouche View Post
the thing that angers me most about this situation is that on a personal level, I think the guy acted like a spoiled brat, carrying on with something that he was obviously asked to stop earlier by Sony--and in the spirit of being a decent person, and using a product for what it was meant to do, I feel he was in the wrong, and as a decent person, should have stopped. But on a non-personal level, I don't think Sony can succeed well with this. If they were trying to make a statement, and set the precedent that hacking their systems would not be tolerated, and generated severe consequences, they seem to have failed, and this is all progressing too slow for them to gain any real clout in the matter. If they can't succeed in going after him in a court, it's just going to look bad for them.
Wait what? you think that because he was using a product for what it was meant to do, that he was wrong to do so? That's why u feel that he was wrong?

Too many ands and dashes...cannot decipher
    
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