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. 5

EXHIBIT 5

Dockets.Justia.com

Page 1 oflO

Gaudreau, Holly

From: Gaudreau, Holly
Sent: Wednesday, March 16,2011 10:12 PM

To: 'Stewart Kellar'
Cc: Yasha Heidari; Bricker, Ryan; Jack C. Praetzellis
Subject: RE: Draft Protocol for TIG

Attachments: Proposed Order re Protocol for JX discovery.doc
Hi Stewart,

Our draft proposed order is attached.
Also, i wanted to let you know that the SDK does contain references to SCEA. We were able to confirm with the client.

Finally, my apologies for the delay. i was hoping we could reach some agreement earlier. i am happy to take care of the e-filing.

Thanks.
Holly

Holly Gaudreau Kilpatrick Townsend &. Stockton lLP
Eighth Floor I Two Embarcadero Center I San Francisco, CA 94111

office 415 273 4324 I fax [phone]
hgaudreau(Qkí!patricktownsend,com I My Profile I VCard

From: Stewart Kellar (mailto:stewart(§etrny.comJ
Sent: Wednesday, March 16, 2011 10:01 PM

To: Gaudreau, Holly

Cc: Yasha Heidari; Bricker, Ryan; Jack C. Praetzells
Subject: Re: Draft Protocol for TIG

Holly, we last spoke around 8pm. How are things going? We would like to get this joint letter and

proposed orders filed comfortably before midnight. Thanks in advance for any update you have.
Stewart Kellar
E-ttorney at LawTM 148 Townsend S1. Ste. 2

San Francisco, CA 94107 [phone]
Ste_WClit(getrny,cOm

WY.ettorneyatlaw.coIl
The information contained in this email message may be privileged, confidential and protected from disclosure. If you are not the intended

3/16/2011

EXHIBIT 6

SONY:

~,

Reference Tool
Instruction manual
SCE CONFIDENTIAL

This manual contains safety precautions for the prevention of accidents, and instructions for the use and handling of this product. Read this manual carefully and use the product in a safe manner. After reading the manual, store it in an accessible location for future

reference.

DECR-1000A
O/u-rayO;sc

.~ HomlTM
HIGH-DEFINITION MULTIMEDIA INTERFACE

MEMORY STIEK

2-886-333-15(1 )

This product may fall within the scope of national export control legislation. You must comply fully with the requirements of such legislation and of all other applicable laws of any

jurisdiction in relation to this product.
Contact information:
SONY

USA
Sony Computer Entertainment America 919 East Hillsdale Boulevard, 2nd Floor Foster City, CA 94404-2175 USA E-mail: scea_support(gps3.scedev.net TEL: + 1-650-655-5566 (direct) FAX: [phone] (direct)

l~ Developer Support

fi9l~~e

Without obtaining the consent of the owner, no part of the content of this document may be copied, pursuant to the provisions of the Copyright Act. " .e1L" and "PlayStation" are registered trademarks and "Cell Broadband Engine" is a trademark of Sony Computer Entertainment Inc.
"SONY" and "!-" are registered trademarks and "Memory Stick" and ".J" are trademarks of Sony

Corporation.

(¡ 2010 Sony Computer Entertainment Inc. All rights reserved,

Printed in Japan

EXHIBIT 7

Page 1 of6

Gaudreau, Holly

From: Gaudreau, Holly
Sent: Wednesday, March 16,2011 2:55 PM
To: 'stewart~etrny.com'; 'Yasha Heidari'

Cc: Bricker, Ryan
Subject: FW: Draft Protocol for TIG

Attachments: SON-01-01 Protocols discussed on March 16.docx
Dear Stewart and Yasha,
SCEA has agreed to allow you to view the SDK subject to your agreement to abide by highly confidential provisions applicable to source code. The SDK can only be reviewed on a stand alone computer. Toward that end, we will offer it for your review at our office in San Francisco, Please let me know if you agree: Also, with respect to the agreed upon protocol to be submitted by the Court, I will go ahead and draft and send

over to you for review. Let me know if that's acceptable.
Thanks.
Holly

Holly Gaudreau Kilpatrick Townsend 8. Stockton lLP Eighth Floor I Two Embarcadero Center! San Francisco, CA 94111 office 415 273 4324 I fax [phone] hgaudreau~kilpatricktownsend,corn I My Profile i VCard

From: Michael Grennier (mailto:MGrennier(§intell-group.comJ
Sent: Wednesday, March 16, 2011 2:03 PM

To: Gaudreau, Holly; Robert Kleeger; Yasha Heidari

Cc: stewart(§etrny.com; Boroumand Smith, Mehrnaz; Bricker, Ryan; Jack C. Praetzellis; heidari(§ hplawgroup.com; delgado(§ h plawgrou p.com Subject: Draft Protocol for TIG
Attached is a bullet list of items that we discussed today. Please feel free to provide any comments or

questions.
Regards,
Mike
Michael Grennier, CFCE, EnCE

ThelntelligenceGroup
1545 US Highway 206, STE 202 Bedminster, NJ 07921 Tel: [phone] Ext. 469
Fax: [phone] Cell 908-399-6049

3/16/2011

EXHIBIT 8

Page 1 of7

Gaudreau, Holly

From: Gaudreau, Holly
Sent: Wednesday, March 16,2011 7:32 PM
To: 'stewart(fetrny.com'; 'Yasha Heidari'

Cc: Bricker, Ryan
Subject: RE: Draft Protocol for TIG

Importance: High

Hi Stewart,
I'm following up on our conversation earlier today and the voice mail

I just left. I spoke again to our client

Further to below, SCEA will agree to allow you to install the SDK when at the stand alone computer at our office. Thus, we will hand you the SDK to insert in the stand alone computer and you will be able to review the SDK on the stand alone computer. However, we will not agree to your use of any other softare that you may bring to our office to use with the SDK. I hope this is clear. If not, please give me a calL.

In addition, SCEA will agree to allow TIG to run additional word searches for "SCEA" and "Sony Computer Entertainment America."
We have another idea regarding the review of non

relevant material in the TIG procedures, which I will forward to

you shortly.

Thanks.
Holly

Holly Gaudreau Kilpatrick Townsend &. Stockton LLP
Eighth Floor I Two Embarcadero Center I San Francisco, CA 94111 office 415 273 4324 I fax [phone] hgaudreau(Qkilpatricktownsend,com I My Profile! VCard

From: Gaudreau, Holly
sent: Wednesday, March 16, 2011 2:55 PM
To: 'stewart(§etrny.com'; 'Yasha Heidari'

Cc: Bricker, Ryan Subject: FW: Draft Protocol for TIG

Dear Stewart and Yasha,
SCEA has agreed to allow you to view the SDK subject to your agreement to abide by highly confidential provisions applicable to source code. The SDK can only be reviewed on a stand alone computer. Toward that end, we will offer it for your review at our office in San Francisco. Please let me know if you agree.

Also, with respect to the agreed upon protocol to be submitted by the Court, I will go ahead and draft and send

over to you for review, Let me know if that's acceptable.

3/16/2011

EXHIBIT 9

1 KILPATRICK TOWNSEND & STOCKTON LLP
JAMES G. GILLILAND, JR. (State Bar NO.1 07988)

2 TIMOTHY R. CAHN (State Bar No. 162136)
MEHRNAZ BOROUMAND SMITH (State Bar No. 197271)

3 HOLLY GAUDREAU (State Bar No. 209114)
RYAN BRICKER (State Bar No. 269100)

4 Two Embarcadero Center Eighth Floor San Francisco, CA 94111
5 Telephone: [phone]

Facsimile: [phone]
6 Email: jgilliland~kilpatricktownsend.com

tcahn~kilpatricktownsend. com 7 mboroumand~kilpatricktownsend.com hgaud reau~kilpatricktownsend. com
8 rbrickerßìkilpatricktownsend.com

9 Attorneys for Plaintiff
10
11

SONY COMPUTER ENTERTAINMENT AMERICA LLC

12 13 14

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
Case No. 11-cv-00167 SI (PROPOSED) ORDER RE PROTOCOL FOR JURISDICTIONAL DISCOVERY ON IMPOUNDED DEVICES AMERICA LLC,

15 SONY COMPUTER ENTERTAINMENT
16

Plaintiff,
17
v.

18

GEORGE HOTZ; HECTOR MARTIN 19 CANTERO; SVEN PETER; and DOES

1 through 100,
20
21

Defendants.

22 23

24 On March 10, 2011, the Court ordered plaintiff Sony Computer Entertainment America
25 LLC ("SCEA"), Defendant George Hotz ("Hotz"), and the third party neutral, The Intelligence

26 Group ("TIG"), to meet and confer on a protocol for the search of the impounded devices to

27 determine whether: (1) they contain all or portions of the development tools for the
28 PlayStation 3 System ("PS3 System") and (2) the impounded devices have been used to
¡PROPOSED) ORDER RE PROTOCOL FOR JURISDICTIONAL DISCOVERY ON IMPOUNDED DEVICES
CASE NO. 11-cv-00167 SL
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1 access or connect to the PlayStation Network ("PSN").
2 Following is the proposed protocol:
3 (1) TIG will forensically image the impounded devices in their encrypted state.

4 (2) Mr. Hotz shall make himself available to TIG no later than March 22, 2011 to

5 provide TIG access to his computer and passwords for the purpose of creating un6 encrypted images of the devices. Mr. Hotz shall make himself available to TIG until

7 the process is completed.
8 (3) Counsel for SCEA shall provide the following items to TIG:

9 (a) The PS3 System Softare Development Kit ("SDK")

10 (b) A list of URLs and cookies and other relevant information agreed upon by

11 the parties which might appear on a user's computer if they accessed the
12 "secure" area of the PlayStation Network ("PSN") that requires a valid user
13 name and password ("PSN Secure Area").
14 15 16
17 18 19
(4)

SCEA shall make the SDK available for review by Mr. Hotz's outside counsel for

record in this action only under the following conditions:
(a) Mr. Hotz's outside counsel of record ("Qualified Persons") may review the

SDK at SCEA counsel's office at Kilpatrick Townsend and Stockton LLP in San Francisco on

a "stand alone" secure computer system (i.e. the computer system will not be linked to any

network, including a local area network ("LAN"), an intranet or the Internet). Qualified
Persons shall sign a Non-Disclosure Agreement before reviewing the SDK.

20
21

(b) No recordable media or recordable devices, other than those physically

22 23 24 25 26 27

installed in a computer or cell phone, shall be permitted into the area containing the stand
alone computer system, including without limitation sound recorders, peripheral equipment,

cameras, CDs, DVDs, or drives of any kind. No computers, recordable media, or recordable
devices may be connected to any such stand-alone secure computer system or otherwise use

to copy or record the SDK from such stand-alone secure computer system. No means capable of connecting computers, recordable media, or recordable devices to the stand-alone secure

28
(PROPOSED) ORDER RE PROTOCOL FOR JURISDICTIONAL DISCOVERY ON IMPOUNDED DEVICES

-2-

CASE NO, 11-cv-Q0167 SI

1 computer system shall be permitted into the area and no computers may be used to duplicate
2 or re-write any portions of the SDK.

3

(c)

The stand alone secure computer system shall be password protected.
Counsel for SCEA shall provide the password and the SDK to Qualified Persons,

4
5

(d)

who will then be allowed to insert the SDK in the stand alone secure computer system.
(e) , Qualified Persons may not alter, dismantle, disassemble or modify the stand

6
7 8
9
(f) No copies shall be made of the SDK, whether physical, electronic, or

alone secure computer system or the SDK in any way, or attempt to circumvent any security
feature of the stand alone secure computer system or the SDK in any way.

10

otherwise. Qualified Persons may take notes of his thoughts and impressions during any
11

12

review of the SDK. Any notes concerning the SDK shall not be used to

13
14 15 16 17

circumvent the restrictions herein against making copies of the SDK. Persons viewing the
notes shall do so in a manner consistent with restrictions on material designated as HIGHLY

CONFIDENTIAL - OUTSIDE ATTORNEY'S EYES ONLY INFORMATION.
(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 secure PSN. These
agreed upon terms wil be provided to TIG no later than March 22, 2011.
(7)

18
19

TIG shall review the URLs and cookies, and other relevant information provided

20
21

by counsel for SCEA and verify that the sites are located on the secure area of the PSN.
(8)

Counsel for the parties shall review and agree to search terms that TIG shall

22 23

use to conduct searches on any SDK material found on the devices. These agreed upon

terms will be provided to TIG no later than March 22, 2011.
(9)

24
25 26 27

Once the forensic images of the un-encrypted drives has been pre-processed,

TIG shall conduct the following procedures:

(a)

TIG shall search the devices for URLs and cookies, and other

information agreed upon by the parties in an attempt to prove or disprove that the computer
system had accessed the PSN Secure Area.
-3-

28

(PROPOSED) ORDER RE PROTOCOL FOR JURISDICTIONAL DISCOVERY ON IMPOUNDED DEVICES

CASE NO, 11-cv-00167 81

1

(b)

TIG shall conduct keyword searches as agreed to by both parties in an

2 effort to prove or disprove that the computer system had accessed the PSN Secure Area.

3

(c)

TIG shall search the devices and determine if all or any portion of the

4 SDK provided to TIG by SCEA exists on the devices.
5

(d)

TIG shall search all or any portion of the SDK that is found on the

6 devices with additional search terms agreed to by the parties.

7 (10) Once the searches and processes related PSN have been completed, TIG will
8 provide the results of the searches to counsel for Mr. Hotz. Counsel for Mr. Hotz shall have
9 five days to review this data to: (1) provide counsel for SCEA with a privilege log containing

10 sufficient information so that counsel for SCEA may be able to determine if the information is

11 privileged; and (2) provide TIG with a log identifying any material it considers not relevant to

12 whether the devices have been used to access or connect to the PSN. If TIG disagrees with
13 counsel for Hotz's determination that items are not relevant to whether the devices have been

14 used to access or connect to the PSN, the disputed items shall be submitted to the Court for

15 it to decide whether the information is relevant. Once a determination on the disputed items
16 are made, any items that

are not privileged and are relevant can be produced to SCEA.

17 (11) Once the searches and processes related to the SDK have been completed,

18 TIG will provide the results of the searches to counsel for SCEA. Counsel for Mr. Hotz shall

19 be provided the results of the searches after executing a Non-Disclosure Agreement. The

20 results of the searches shall be designated as HIGHLY CONFIDENTIAL - ATIORNEYS'

21 EYES ONLY.
22 23

24 IT IS SO ORDERED.
25
26 27
DATED:

HON. JOSEPH C. SPERO UNITED STATES MAGISTRATE

JUDGE
63213375 v1

28

(PROPOSEDj ORDER RE PROTOCOL FOR JURISDICTIONAL DISCOVERY ON IMPOUNDED DEVICES CASE NO. 11-cv-00167 SI

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