Hotz Files Motion to Dismiss for Lack of Personal Jurisdiction, Improper Venue | Linux Today

Hotz Files Motion to Dismiss for Lack of Personal Jurisdiction, Improper Venue

Written By
Web Webster
Web Webster
Feb 4, 2011

“George Hotz’s lawyers said they’d file a motion to dismiss for
lack of personal jurisdiction and improper venue, and they have
just done it. They ask not only that the temporary restraining
order and impoundment order be dismissed, but that the complaint be
dismissed as well. Hotz did nothing in California, they state:

“Mr. Hotz is a resident of New Jersey, and he lacks sufficient
contacts with California to confer personal jurisdiction over Mr.
Hotz and venue is improper….Due Process requires that, in order
for a forum to exercise personal jurisdiction over a nonresident
defendant, that “he have certain minimum contacts with it such that
the maintenance of the suit does not offend ‘traditional notions of
fair play and substantial justice’.”…

“In the present case, SCEA cannot demonstrate that Mr. Hotz’s
activity could even arguably be construed as expressly aimed at
California. To the contrary, the sole alleged activity in this
action involves Mr. Hotz– who is located in New Jersey–
purportedly improperly accessing portions of his own Playstation
computer– which is also located in New Jersey. The Playstation
computer is not made by SCEA. It is made by Sony Inc. which is a
Japanese corporation.

“The Japanese company is not a party to this litigation.”

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Web Webster

Web Webster

Web Webster has more than 20 years of writing and editorial experience in the tech sector. He’s written and edited news, demand generation, user-focused, and thought leadership content for business software solutions, consumer tech, and Linux Today, he edits and writes for a portfolio of tech industry news and analysis websites including webopedia.com, and DatabaseJournal.com.

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