It was reported yesterday that George Hotz "fled" the country in order to escape... a civil case? Sony claimed that the infamous hacker had sabotaged evidence in the case and was using his location outside the US as an excuse to not comply with the court's orders. Ars caught up with Stewart Kellar, one of Hotz' lawyers, who rejected both accusations. Hotz is in South America on a trip he had planned before the lawsuit was filed, and Sony has been given all the components it needs to access his hard drive.

Kellar told Ars that it's impossible to take a vacation from a lawsuit, and Hotz has been in constant contact with his legal team. "The notion that George has fled the country is absurd. George is in South America to see a friend, on a trip he planned before this lawsuit ever began. George has had to make himself available 24/7 for this litigation, which has been quite demanding on him."

Kellar also squashed the idea that Hotz is using donated money to travel. "It should be noted that the donation money George has received is being used exclusively for his legal defense," Kellar explained. "If there are any funds left after the lawsuit, George is planning to donate the money to the EFF."

So did Hotz sabotage any evidence? Kellar says that assessment is way off-base, pointing to the lack of detail in Sony's filing. "SCEA's lawyers are using intentionally ambiguous language so that the public, and the Court, might assume the worst. The 'components' SCEA is talking about are hard drives' controller cards. The neutral [third party examining the drives] subsequently had to explain to SCEA the form and function of hard drive controller cards," Kellar told Ars. "It is a stock part that can be purchased at any electronics hardware store. Those controller cards have since been provided to the neutral so the point is moot."

Hotz himself seems to have been following the coverage, and has released a statement on his website talking about the charges.

Factually, it's true I'm in South America, on a vacation I've had planned and paid for since November. I mean, it is spring break; hacking isn't my life. Rest assured that not a dime of legal defense money would ever go toward something like this. And of course Townsend loves the idea of painting me as an international fugitive. I have been in contact with my lawyers almost every day; I would not let the case suffer. That said, I also won't let this ridiculous lawsuit run my life either. Then the fearmongerers win.

He notes that he will be returning to the United States, since he hears "it's hard to come by the Xperia Play down here."

So Hotz will be back, and this strange and oddly entertaining case will continue. Kellar points out that while this isn't a fight they picked, it's one Hotz and the legal team are more than happy to fight. "You have to remember that Mr. Hotz didn't choose to fight this battle, but now that he has been sued, he has put his heart into fighting this case that has enormous implications for consumers world-wide," Kellar said. "The question of whether a consumer truly 'owns' that system he or she purchased from the store is prevalent in all of this."