As you may already know, Sony had filed a lawsuit against developer geohot (aka George Hotz) for jailbreaking the PS3 and the company had expressed interest in keeping the case going in California's jurisdiction. But George Hotz' lawyer, Stewart Kellar, wants the case to be moved to New Jersey--Hotz's home state--so that it will be under NJ's jurisdiction. According to Hotz's lawyer, fighting to keep the case in California's jurisdiction may prove to be difficult for Sony, as the following needs to be proved:
- [1st prong] The nonresident defendant must do some act or consummate some transaction with the forum or perform some act by which he purposefully avails himself of the privilege of conducting activities in the forum, thereby invoking the benefits and protections of its laws;
- [2nd prong] The claim must be one which arises out of or results from the defendant's forum-related activities; and
- [3rd prong] Exercise of jurisdiction must be reasonable.
Hotz's lawyer added, "Under the first prong of a specific jurisdiction test, SCEA must demonstrate that Mr. Hotz 'purposefully availed' himself of the privilege of conducting activities in California, or purposefully directed its activities toward California". This 1st prong may keep Sony busy for awhile.
source arstechnica.com
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