Sony Computer Entertainment America LLC v. Hotz et al

Filing 98

Letter from [Joint] Defendant George Hotz and Plaintiff SCEA re [PROPOSED] ORDER RE PROTOCOL FOR JURISDICTIONAL DISCOVERY re SDK and PSN ON IMPOUNDED DEVICES. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5-9)(Kellar, Stewart) (Filed on 3/16/2011)

Sony Computer Entertainment America LLC v. Hotz et al

Doc. 98 Att. 4

EXHIBIT 4

Dockets.Justia.com

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STEWART KELLAR (SBN 267747) [e-mail] E-ttorney at Law 148 Townsend Street, Suite 2 San Francisco, California 94107 Telephone: [phone] JACK PRAETZELLIS (SBN 267765) [e-mail] MBV LAW LLP 855 Front Street San Francisco, California 94111 Telephone: [phone] Facsimile: 415-989-5143 Attorneys for Defendant George Hotz Attorneys for Defendant GEORGE HOTZ

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION SONY COMPUTER ENTERTAINMENT AMERICA LLC, Plaintiff, v. GEORGE HOTZ; HECTOR MARTIN CANTERO; SVEN PETER; and DOES 1 through 100, Defendants. Case No. 11-cv-00167 SI [PROPOSED] ORDER RE PROTOCOL FOR JURISDICTIONAL DISCOVERY ON IMPOUNDED DEVICES

On March 10, 2011, the Court ordered plaintiff Sony Computer Entertainment America LLC ("SCEA"), Defendant George Hotz ("Hotz"), and the third party neutral, The Intelligence Group ("TIG"), to meet and confer on a protocol for the search of the impounded devices to determine whether: (1) they contain all or portions of the development tools for the

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PlayStation 3 System ("PS3 System") and (2) the impounded devices have been used to access or connect to the PlayStation Network ("PSN"). The following is the proposed protocol: (1) TIG will forensically image the impounded devices in their encrypted state. (2) Mr. Hotz will make an appointment for the week of March 21 ­ 25, 2011 to respond to TIG with the computer that the hard drives were installed in for the purpose of creating an un-encrypted image. If Mr. Holtz does not provide the encryption password then he will need to remain at TIG or close by until the process is finished which is estimated at least six hours since the system contains two mirrored 1TB drives. (3) Counsel for SCEA shall provide copies of the following items which will be copied into evidence files: (a) A copy of the PS3 System Software Development Kit ("SDK") (b) A list of URLs, and cookies and other information agreed upon by the parties which might appear on a user's computer if they accessed the "Secure" area of PlayStation Network ("PSN") which requires a valid user name and password. ("PSN Secure Area"). (4) SCEA shall provide a copy of the SDK to Mr. Hotz's counsel and shall: (a) Provide Mr. Hotz's counsel with a written declaration that the SDK does, or does not, contain information showing that SCEA is in California; and (b) Identify which portion(s) of the SDK contain information demonstrating that SCEA is in California, if any. (5) Counsel for the parties will review and agree to search terms that TIG shall use

to conduct searches in an effort to prove or disprove access to the PSN Secure Area. These agreed upon terms will be provided to TIG no later than March 22, 2011. (7) TIG shall review the URLs, and cookies provided by counsel for SCEA and verify

that the sites are located on the secure area of the PSN. (8) Once the forensic images of the un-encrypted drives has been pre-processed, -2-

[PROPOSED] ORDER RE PROTOCOL FOR SDK AND PSN JURISDICTIONAL DISCOVERY ON IMPOUNDED DEVICES CASE NO. 11-cv-00167 SI

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TIG shall conduct the following procedures: (a) TIG shall search the hard drives for the URLs and cookies provided by

SCEA in an attempt to prove or disprove that the computer system had accessed the PSN Secure Area. (b) TIG shall conduct keyword searches as agreed to by both parties in an

effort to prove or disprove that the computer system had accessed the PSN Secure Area. (c) TIG shall search the devices and determine if all or parts of the SDK

provided to TIG by SCEA exists on the devices. (10) Once the searches and processes have been completed, TIG will provide them to

Mr. Hotz's Attorney for a privileged/not relevant review. Mr. Holtz's Attorney shall have seven days to review the data and complete the privileged/not relevant logs. Items marked as not relevant indicate that Mr. Holtz's Attorney is objecting to the production as the items so marked have nothing to do with access to the PSN Secure Area. (11) Once the Privileged/Not Relevant logs are received by TIG, items not included

can be produced to Sony Corporation. Counsel for Mr. Hotz shall be provided the results of the searches after executing a Non-Disclosure Agreement. The results of the searches shall be designated as HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY.

IT IS SO ORDERED. DATED:_______________

HON. JOSEPH C. SPERO UNITED STATES MAGISTRATE JUDGE

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