PS JailBreak PS3 ModChip Legal in Spain, Sony to Pay Damages
Today Spanish site NicaGamerz.com (linked above) reports that the PS JailBreak PS3 ModChip is now legal in Spain, and that Sony must pay damages to the defendant.
The Barcelona court trial [Register or Login to view links] apparently hinged on Sony's removal of OtherOS functionality.
To quote, roughly translated: "In Spain there was a precedent because any PSJailbreak product is legal for sales and advertising.
According to court No 8 Mercantil de Barcelona, on 07 December two thousand and ten, was officially PS legalization of Jailbreak in any store in Spain, too, that Sony will have to pay all the costs to the stores selling this product.
With the departure of PSJailbreak, Sony tried everything possible to prevent the sale in Spain of products that create the bootable Playstation 3 video games downloaded over the Internet or using backups for loading the games, following complaints produced by Sony, shops that were affected did not hesitate to attack Sony resorting to lawsuits.
As a conclusion all the devices that were previously illegal and can upload copies of video games has been legal in Spain.
One of the reasons that the trial was based on is that legalizing PSJailbreak SONY remove the GNU / Linux where you claim Sony which sells a console with a number of features that were later removed, also talks about the user can do whatever you want with your console purchased allowing you to enter including the "guts" of the console with full right and one's Playstation 3 is not only used exclusively to play original games from Sony.
SONY end away I lost a very important trial for them, to combat piracy, now must pay the damages that have occurred precautionary measures to shops hurt by Sony's legal action."
This is a victory for everyone who feels they should get to use the hardware they purchased however they feel. My warmest congratulations to all the dirty haxxors over there
Meanwhile in the USA, we still have the DMCA to contend with. Fortunately I have the skills to flash a hex file onto any number of boards, but most people don't, or at the very least don't want to learn. Making the commercial jailbreaks legal would be a nice step towards letting your average consumer see what the homebrew community has to offer.
I'm writing a letter to my senators and congresspeople - not just to tell them to make it legal to do what we want with our playstations, but to remind them (once again) that we're one of the few (or the only?) countries to have such absurd protections for corporations against consumer rights.
It's too bad they will never do this in the USA, god forbid we do something the people actually want, that would actually not benefit a corporation for once lol , I think i'm going to write and ask for this to be pushed.