Sony Computer Entertainment America LLC v. Hotz et al

Filing 105

DECLARATION in Support of 103 Opposition/Response to Motion filed bySony Computer Entertainment America LLC. (Attachments: # 1 Affidavit Liu Declaration, # 2 Affidavit Pierce, # 3 Proposed Order)(Related document(s) 103 ) (Smith, Mehrnaz) (Filed on 3/19/2011) Modified on 3/21/2011 (ys, COURT STAFF).

Sony Computer Entertainment America LLC v. Hotz et al

Doc. 105

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KILPATRICK TOWNSEND & STOCKTON LLP JAMES G. GILLILAND, JR. (State Bar No. 107988) TIMOTHY R. CAHN (State Bar No. 162136) MEHRNAZ BOROUMAND SMITH (State Bar No. 197271) HOLLY GAUDREAU (State Bar No. 209114') RYAN BRICKER (State Bar No. 269100) Two Embarcadero Center Eighth Floor San Francisco, CA 94111 Telephone: (a15) 576-0200 Facsimile: [phone] Email: [e-mail] tca h n@ ki lpatricktownsend. com
.com .com .com

Attorneys for Plaintiff SONY COMPUTER ENTERTAINMENT AMERICA LLC
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION SONY COMPUTER ENTERTAINMENT AMERICA LLC, Plaintiff, Case No. 11-cv-00167 Sl

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v.
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GEORGE HOTZ; HECTOR MARTIN CANTERO; SVEN PETER; and DOES 1 through 100,
Defendants.

DECLARATION OF KENNETH LAW IN SUPPORT OF PLAINTIFF SONY COMPUTER ENTERTAI NMENT AMERICA LLC'S OPPOSITION TO DEFENDANT GEORGE HOTZ'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND IMPROPER VENUE

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AprilS,2011 Date: 9:00 a.m. Time: Courtroom: 10, 19th Floor Judge: Hon, Susan lllston

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l, Kenneth Law, declare as follows:

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I am a Senior Project Manager in the Knowledge Services g!:oup of Sony

Computer Entertainment America, LLC ("SCEA';. I make this declaration on personal
knowledge and if called as a witness could and would testify competently thereto.

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The PlayStation@3 computer entertainment system ('PS3 System") features

PlayStation@ Network ("PSN"), an entertainment network that supports multiplayer online
DECLARATION OF KENNETH I-AW IN SUPPORT OF PIA1NTIFF SONY COMPUTER ENTERTAINMENT AMERTCA LLC'S OPPOSITION TO DEFENDANT GEORGE HOTZ'S MOTION TO DISMISS FOR IACK OF PERSONAL JURISDICTION AND IMPROPER VENUE - CASE NO. 11-cv-000167 Sl

-1Dockets.Justia.com

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gameplay, access to the PlayStation Store to purchase video games as well as rent or buy feature films, and PS3 System connectivity.

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A PSN account can be created by using the PS3 System or a personal

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computer. ln either case, a user creating a PSN account must provide the following
information: a valid email address, date of birth, a unique username and password, the
user's first and last name, a physical address, and the country in which the user lives. During

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the account creation process, whether the account is created using a personal computer or a
PS3 console, the user is presented with the PlayStation Network Terms of Service and User udeny" the PSN User Agreement ('PSN User Agreement") and required to either "accept" or

Agreement by clicking a corresponding button. The PSN User Agreement specifies that the
user has entered a binding agreement with SCEA if he or she chooses to accept it. The PSN
User Agreement requires that users "submit to personal jurisdiction in California and further

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agree that any dispute arising from or relating to this Agreement shall be brought in a court within San Mateo County, California." During the PSN account registration proces's using a personal computer, there is an email address authentication step in which the user must open an emailsent from the PSN to the email address given by the user and then elick on a link in order to complete the process.

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After creating a PSN account, one can access the account using either a

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personal computer or a PS3 System. I understand that in George Hotz's Response to SCEA's First Demand for

Inspection Reflecting Jurisdictional Discovery, Mr. Hotz stated that he purchased a new PS3 System in February 2010, bearing Serial No, CG221368477-CECH-2001A. I searched

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SCEA's records to determine the Console lD assigned to the PS3 System bearing Serial No. CG221368477-CECH-2001A. Attached hereto as Exhibit A are true and correct copies of
reports generated from SCEA's electronic records matching Serial No. CG221368477-CECH2001A with its corresponding Console lD and showing that the Console was used to create a PSN account under the username "blickmaniac" on March 10,2010. The report also
DECLARATION OF KENNETH LAW IN SUPPORT OF PLAINTIFF SONY COMPUTER ENTERTAINMENT AMERICA LLC'S OPPOSITION TO DEFENDANT GEORGE HOTZ'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND IMPROPER VENUE - CASE NO. 11-or-000167 Sl

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provides further details about the "blickmaniac" account, including the fact that the PS3 System bearing Serial No. CG221368477-CECH-2001A was purchased at GameStop Store
No. 4489 on February 25,2010. The exhibit is Hiqhlv Confidential and is Filed Under

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Seal.

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The report attached as Exhibit A further shows that the PSN account associated

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with the Hotz console was created from a particular lP address. I detemined the geographic location of this lP address by using the website www.whatismlrlPaddress.com. Through a search on this website, the location of this lP address was given as Glen Rock, New Jersey.

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Attached hereto as Exhibit B is a true and correct copy of the results I received from wwwJvhatismvlPaddress.com. The exhibit is Hiqhlv Confidential and is Filed Under Seal.

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Executed on March 18,2011, at Foster City, California.

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DECI-ARATION OF KENNETH I.AW IN SUPPORT OF PTAINTIFF SONY COMPUTER ENTERTAINMENT AMERICA LLC'S OPPOSITION TO DEFENDANT GEORGE HOTZ'S MOTION TO DISMISS FOR I.ACK OF PERSONAL JURISDICTION AND IMPROPER VENUE - CASE NO. 11-or-000167 Sl

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EXHIBIT A TO DECLARATION OF KENNETH LAW IN SUPPORT OF PLAINTIFF SONY COMPUTER ENTERTAINMENT AMERICA LLC'S OPPOSITION TO DEFENDANT GEORGE HOTZ'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND IMPROPER VENUE

FILED UNDER SEAL

EXHIBIT B TO DECLARATION OF KENNETH LAW IN SUPPORT OF PLAINTIFF SONY COMPUTER ENTERTAINMENT AMERICA LLC'S OPPOSITION TO DEFENDANT GEORGE HOTZ'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND IMPROPER VENUE

FILED UNDER SEAL