Here we go again! More updates from SECA vs Hotz Lawsuit. PS3 jailbreaker George Hotz accuses Sony of false representation to the Court. According to GeoHot, Sony Computer Entertainment America claimed the SDK at issue in this litigation referenced SCEA being in California. Owner of the Software Development Kit is Sony Japan, not SECA.
Sony defended this point by saying that it “establish contacts between SCEA and Mr. Hotz” if they found SDK on his computer.
This is what GeoHot has presented:
SCEA made false representations to this court regarding the Software Developer’s Kit (“SDK”) and whether it contains information that SCEA is in California. At the March 10 hearing, counsel for SCEA represented to the Court that the SDK contains information showing that SCEA is located in California. The Court authorized a limited search of Mr. Hotz’s impounded hard drives for the SDK based on SCEA’s statements. Counsel for Mr. Hotz has discovered that SCEA’s statements are false…Counsel for Mr. Hotz has ascertained that the SDK is owned by Sony Computer Entertainment Inc. (“Sony Japan”) and the SDK installation procedures reference Sony Japan. A cursory internet search yielded screen shots of the SDK’s installation procedures, and indicates that the SDK is the property of Sony Japan and no reference is made to SCEA….
This Court astutely recognized why searching for presence of the SDK would not be relevant to jurisdictional discovery, yet SCEA represented that it was relevant and necessary because the SDK contains information that SCEA is in California. The Court permitted such inspection based on SCEA’s representations. Mr. Hotz’s counsel, while disagreeing, also relied on SCEA’s representations. Now it appears that SCEA continues to deliberately misrepresent its position in order to gain the ability to perform a search on Mr. Hotz’s drives that otherwise would not have been authorized. via
In reply SECA said:
SCEA is the exclusive distributor of the PS3 System SDK in the United States. This is exactly what counsel for SCEA has represented to the Court. The SDK includes software, hardware, electronic manuals and other materials. As SCEA represented to counsel in meet and confer discussions today, the SDK does contain material that references Sony Computer Entertainment America. SCEA’s counsel even confirmed in an email to Mr. Kellar, attached hereto as Exhibit 5. Specifically, the SDK contains an electronic Reference Tool Instruction Manual that references SCEA and lists the company as Developer Support for the tool. The electronic manual is distributed as part of the SDK within the United States.
For the very first time we saw some points coming from GeoHot’s lawyers. Previously we have only seen Sony demanding and court ordering to implement the demands. We have also seen Judge orders PS3 jailbreaker Geohot to let Sony inspect his hard drives of computer. We have also listened to the rumors of Microsoft paying Hotz to defend against Sony. The company has also banned a lot of users to their PSN network.
Stay tuned to VeryRite.com. We will be updating you more on Sony vs GeoHot lawsuit.