89w ago - As news of defeat rolled in on the
Australian Court decision earlier today, Kotaku (linked above) now reports that Sony America is taking PS JailBreak US reseller ShopPSJailBreak.com to court.
SCEA has
filed suit in California against the online retailer, accusing them of charges including copyright violation.
This doesn't come as a huge surprise, as legal experts have
recently warned these are just the first of many lawsuits expected.
To quote: "While not specifically mentioned in the court documents, it's believed the accused, Zoomba LDC - trading at the address SHOPPSJAILBREAK.com - has been attempting to sell the new PS3 Jailbreak modchip, which allows users to circumvent the PlayStation 3's copy protection and play games retail games installed on the console's hard drive.
Shoppsjailbreak is listed as one of two 'official' distributors for the PS Jailbreak on the device's website.
The suit was filed on Tuesday in the California Northern District Court, and accuses Zoomba of copyright infringement, violations of the digital millennium copyright act and trademark infringement. SCEA is seeking damages and an injunctive relief, which would block the sale of the devices."
39 Comments
If anyone remembers there were XBOX 1, and PS2 modchips which shipped blank, and you had to load the bios onto the chip yourself. PSJailbreak should of been like they if they wanted to get around laws.
The Court has entered a Preliminary Injunction. Since that time, counsel for SCEA has conducted extensive third party discovery and has been engaged in settlement discussions with certain of the defendants. Thus far, defendants Tom Nooker, individually and doing business as buyps3jailbreak and Thanh Nguyen, individually and doing business as USATechCity, Ltd. have entered into settlement agreements with SCEA and have agreed to entry of consent judgments and permanent injunctions. SCEA will be filing those documents with the Court shortly. SCEA is currently awaiting responses from the other defendants regarding settlement.
IT IS FURTHER ORDERED AND ADJUDGED that in the event that Defendant violates this Judgment or assists others to do so, Defendant shall pay to SCEA $5,000 as liquidated damages per violation of this Judgment no later than forty-five (45) days from the date on which SCEA notifies Defendant of the violation.
Such liquidated damages shall be an optional alternative to demonstrating actual damages. This optional alternative may be elected in SCEA's sole discretion. Both liquidated damages and actual damages are supplemental to obtaining equitable relief to which SCEA may be entitled as a result of Defendant's violation.
IT IS FURTHER ORDERED AND ADJUDGED that this Court shall retain jurisdiction for the purpose of making any further orders necessary or proper for the construction or modification of this Judgment or the Settlement Agreement and Release, the enforcement thereof, or the punishment of any violations thereof.
The latest court documents in their entirety are attached for further reading.
A hearing date has been set for April 21st, which makes one wonder if Sony has finally managed to track down the individual(s) behind Zoomba and PS Jailbreak.