Sony Computer Entertainment America LLC v. Hotz et al

Filing 113

Declaration of Stewart Kellar in Reply by Defendant Hotz to 103 SCEA's Opposition Brief filed byGeorge Hotz. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit I, # 8 Exhibit J, # 9 Exhibit K, # 10 Exhibit L, # 11 Exhibit M)(Kellar, Stewart) (Filed on 3/25/2011) Modified on 3/28/2011 (ys, COURT STAFF).

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Sony Computer Entertainment America LLC v. Hotz et al Doc. 113 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STEWART KELLAR (SBN 267747) stewart@etrny.com E-ttorney at Law 148 Townsend Street, Suite 2 San Francisco, California 94107 Telephone: (415) 742-2303 JACK C. PRAETZELLIS (SBN 267765) jack@mbvlaw.com MBV LAW LLP 855 Front Street San Francisco, California 94111 Telephone: 415-781-4400 Facsimile: 415-989-5143 YASHA HEIDARI (Admitted Pro Hac Vice) yasha@hplawgroup.com Heidari Power Law Group LLC PO Box 79217 Atlanta, Georgia 30357 Attorneys for Defendant George Hotz UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION SONY COMPUTER ENTERTAINMENT Case No. 11-CV-000167 SI AMERICA LLC, a Delaware limited liability company, DECLARATION OFSTEWART KELLAR IN REPLY TO SCEA'S OPPOSITION TO Plaintiff, DEFENDANT HOTZ'S MOTION TO DISMISS v. Date: April 8, 2011 GEORGE HOTZ, et al., Time: 9:00 am Courtroom: 10, 19th Floor Defendants. Judge: Hon. Susan Illston DECLARATION OF STEWART KELLAR (No. 11-CV-00167-SI) Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, Stewart Kellar, declare: 1. I am counsel of record for Mr. George Hotz in the above-captioned matter. I have personal knowledge of the facts stated in this declaration, unless otherwise indicated, and could and would testify competently thereto. 2. Attached hereto as Exhibit A is a true and correct copy of a photograph showing the inside of the box for Mr. Hotz's Playstation 3 console that he purchased new. The contents are one Playstation 3 console, a promotional card for Netflix, and the unopened instruction manuals, still wrapped in sealed plastic. The photograph was taken by me on March 25, 2011 using a Canon EOQ Rebel T2i camera on default settings. I am familiar with the functionality of this camera and know it to be in good working order. 3. Attached hereto as Exhibit B is a true and correct copy of a photograph showing the unopened instruction manuals, still wrapped in sealed plastic. The visible portions bear no mention of SCEA or California. The photograph was taken by me on March 25, 2011 using a Canon EOQ Rebel T2i camera on default settings. I am familiar with the functionality of this camera and know it to be in good working order. 4. Attached hereto as Exhibit C is a true and correct copy of a photograph showing the reverse side of the unopened instruction manuals, still wrapped in sealed plastic. The manual reads " 2009 Sony computer Entertainment Inc. All Rights Reserved". The photograph was taken by me on March 25, 2011 using a Canon EOQ Rebel T2i camera on default settings. I am familiar with the functionality of this camera and know it to be in good working order. 5. Attached hereto as Exhibit D is a true and correct copy of a photograph showing a close up of the reverse side of the unopened instruction manuals, still wrapped in sealed plastic. The manual reads " 2009 Sony computer Entertainment Inc. All Rights Reserved". The photograph was taken by me on March 25, 2011 using a Canon EOQ Rebel T2i camera on default settings. I am familiar with the functionality of this camera and know it to be in good working order. -24841-7608-3208, V. 1 DECLARATION OF STEWART KELLAR (NO. 11-CV-000167 SI) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. Attached hereto as Exhibit E is a true and correct copy of a photograph showing the unbroken seal of the plastic wrap surrounding the unopened instruction manuals. The photograph was taken by me on March 25, 2011 using a Canon EOS Rebel T2i camera on default settings. I am familiar with the functionality of this camera and know it to be in good working order. 7. Attached hereto as Exhibit F is a true and correct copy of a Business Agreement between Sony Japan ("SCEI") and SCEA. The document was produced by SCEA on February 24 at 8:12pm. The Agreement contains acknowledgments by SCEA that SCEI is the owner of all rights in the Playstation 3 system and related IP rights. The produced business agreement has been modified to a shade of light grey. Because of the lightening of the file and the normal black text of the Bates stamps, I was unable to run optical character recognition software (OCR) on the file or any other file from SCEA that was produced in this form. Because the exhibit was marked by SCEA's counsel as Attorneys Eyes Only, it has been filed under seal. 8. 9. 10. Paragraph Omitted. Paragraph Omitted. Attached hereto as Exhibit I is a true and correct copy of a photograph showing Mr. Hotz's Playstation 3 console that he purchased new. The serial number reads in full: CG221368477-CECH-2001A. The photograph was taken by me on March 25, 2011 using a Canon EOQ Rebel T2i camera on default settings. I am familiar with the functionality of this camera and know it to be in good working order. 11. Attached hereto as Exhibit J is a Google Search for "Bob Blick" conducted on March 25, 2011. The top search result is <bobblick.com>, an independent technical consultant. 12. Attached hereto as Exhibit K is a copy of the website at <http://www.ps3hax.net/2011/03/rumourgeorge-hotz-runs-away-to-south-americalies-about-having-psn-account/#ixzz1HU0XDw3S>, accessed on March 25, 2011. Forum post 78 is from a person named eppog who states that she created the PSN account -34841-7608-3208, V. 1 DECLARATION OF STEWART KELLAR (NO. 11-CV-000167 SI) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in question. Irrelevant portions of the 32 page document have been omitted. 13. Attached hereto as Exhibit L is the Declaration of Bricker as produced to Hotz's counsel. Unlike the filed document, the produced declaration has been modified by SCEA or its counsel to a shade of light grey. Because of the lightening of the file and the normal black text of the Bates stamps, I was unable to run optical character recognition software (OCR) on the file or any other file from SCEA that was produced in this form. 14. Attached hereto as Exhibit M are the Interrogatory Responses submitted by SCEA. SCEA designated this document Highly Confidential--Attorneys' Eyes Only. Therefore, it is being filed under seal. I declare under penalty of perjury on this date under the laws of the United States of America in San Francisco, California that the foregoing is true and correct. Dated: March 25, 2011. /s/ Stewart Kellar Stewart Kellar 4847-0616-6537, v. 1 -44841-7608-3208, V. 1 DECLARATION OF STEWART KELLAR (NO. 11-CV-000167 SI)

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