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Sony Opposes Hotz's Motion to Dismiss

By Pamela Jones et al.

Sony has now filed its opposition to George Hotz's Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue in SCEA v. Hotz. So we find out what Sony was able to find out from the discovery they fought so hard for. And the answer is: I see no clear smoking gun. Not that Sony doesn't yell bang, bang, bang throughout its response. But I'm not yet convinced that Sony has demonstrated jurisdiction in California. And that is the basis for Hotz's motion. Maybe they should consider the possibility Hotz was telling the truth.

A few exhibits are under seal, so we are limited in being able to determine whether there might be more, and I do see some things that are new that Hotz will have to respond to, and he will, and I haven't yet read everything with a fine tooth comb, but the overview feeling to me on first reading is that Sony did a lot of poking through people's things and came up with some hints and some assertions based on possibilities or even likelihoods but no solid proof. That doesn't mean they won't prevail. It's not hard to beat a motion to dismiss.

Personally, I think Sony should just sue the guy in New Jersey. They can afford to go anywhere, and he's just a solitary kid with no vast, equivalent resources to defend himself against this international corporation's mighty hand. It just feels unfair, even if everything Sony alleges were true. And I have my doubts it is. But I'll show you the main arguments, and with the documents themselves, you can draw your own conclusions.

Full post as published by Groklaw on March 22, 2011 (boomark / email).