Sony America Files Lawsuit Against US PS JailBreak ReSeller

[SuperDre]

If you notice, anytime Sony releases a firmware that patches/removes something potentially exploitative, they do it under the guise of "adding new features", such as the 3D gaming, etc. So they're trying to entice us with a trade-off. "We'll take away your OtherOS, but we'll give you 3D Gaming as a consolation prize". They won't just come out and release a JB fix. Oh no. They'll try the ol' bait-n-switch and offer us some crap they were going to add to the system at some point anyways.

uhh.. 3.20 did not anything, it only removed OtherOS and had a line that said something about better performance on PS3 games.. a higher FW added 3D for gaming..

Also, do people really think Sony can just put out an Firmware in such a small time? ofcourse not, they first have to come up with a solution, then test it with a lot of revisions, and also with different devices.. Also it is possible for them to already check if you had run the hack, so they can block your PS3 and your PSN-accounts which are linked to your PS3 after a while.

I'll just wait for a while and continue with FW 3.15 and OtherOS and see what the future brings, before trying any USB-hack..

[tragedy]

uhh.. 3.20 did not anything, it only removed OtherOS and had a line that said something about better performance on PS3 games..

Actually, it was 3.21 that stole otheros. And the thing that "forced" everyone to upgrade was the day that PSN decided 3.15 was no longer suitable for connecting and everybody got upset because they could no longer play their online games. Remember, this was around the time COD was released...

[efciem420]

little concerned, modchip central and canadamods have removed the psjailbreak from their sites.

hope my order is still good to go...

if not i hope at least a refund.

sigh...

[Parodius420]

Isnt this basically the same thing they ruled in favor of about a month ago with apple? They have no legal right to go after someone for using the console the way they want.

[Bishoff]

I love the way the site's come alive again - just like the good old PSP days!

The way I look at it is - Sony shouldn't have removed OtherOS - I'm sure there are a number of devs who decided to commit much more time hacking the console since sony removed it.

I think jailbreak/psgroove will (eventually) allow us to get back the feature that we paid for (OtherOS) - so I say Screw you sony.

I really DO hope this all bites sony in the ass - they've been screwing us for years, time to return the favour!

PSPSwampy.

Exactly how I feel. I like Sony's build quality for the most part, but they have the worst customer service of any of the big companies EVER! I have one of the KDS-A2000 50" 1080P TV's that are notorious for the yellow blotches on the screen and sure enough mine developed it as well. This is the 2nd version of the rear LCD projection TV's to do this. They were sued and lost for the 1st gen but the 2nd gen lawsuit is currently underway. They basically told me to F$@k off. They did however try to sell me a newer discontinued model for full retail price after telling me it was a special deal lol. Unbelievable. I HATE the way they operate and treat customers, and I'm all for any way to screw them over.

[GrandpaHomer]

If you notice, anytime Sony releases a firmware that patches/removes something potentially exploitative, they do it under the guise of "adding new features", such as the 3D gaming, etc. So they're trying to entice us with a trade-off. "We'll take away your OtherOS, but we'll give you 3D Gaming as a consolation prize". They won't just come out and release a JB fix. Oh no. They'll try the ol' bait-n-switch and offer us some crap they were going to add to the system at some point anyways.

NOT true! The OtherOS feature was replaced without ANY "trade off"

[ldh888]

Seems modchipcentral remove psj from its product line too...

[nafeasonto]

This is the only thing I like about Microsoft, they don't sue.

They just ban lol.

[SovietSlayer]

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.

NO. Those modchips came blank because they used hacked/pirated/stolen code i.e. the hacked BIOS which meant copyright violation; the samething sony is suing for here. But because the PS3jailbreak doesn't use Sony code, it doesn't fall into that trap so this case should be dismissed based on that point alone.

Also interesting, the first post says "While not specifically mentioned in the court documents ... has been attempting to sell the new PS3 Jailbreak modchip, which allows users to circumvent the PlayStation 3's copy protection"

Because of the iPhone jb decision, suing for a jb i.e. being able run unsigned code isn't legal, so Sony can't argue on those grounds, instead they are trying to go for intent i.e they WILL copy our games. Good luck trying to prove that though.

[PS3 News]

An update, to quote from: http://psx-scene.com/forums/799596-post1.html

SCEA is submitting its own statement since none of the defendants have appeared in this action.

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.