Sony America Files Lawsuit Against US PS JailBreak ReSeller
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 http://www.rfcexpress.com/lawsuit.asp?id=64147 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 http://www.goodgearguide.com.au/article/359071/playstation_3_modchip_lawsuit_first_many_says_lawyer/ 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."
Interesting. I wonder if and what they are going to do about the USBKeys, Teensy's, etc.
Maybe they are able to circumvent this restriction by selling the JailBreaks as generic USB-development-thingies that become PS3 hackers when loaded with the right software.
I remember a similar tactic, in at least the Netherlands, where there once was a booming business for smartcards for pirate-satellite-viewing. They just happened to sell blank smartcards and programmers. However, the customers knew what to do with both
This makes no since. An attorney should easily be able to use precedence from the Apple jailbreaking case...
"Monday’s decision, (.pdf) which applies to all mobile smart phones and not the iPad, does not require Apple or other handset makers to allow jailbreaking. Instead, it makes it lawful to circumvent controls designed to block jailbreaking." (wired.com)
Is it possible that Sony could block the hardware I.D's of all the current availiable methods. E.g. the Teensy boards, PsJailbreak, soon to be Android phones etc. Saying that, do the teensy boards allow you to actually program the hardware i.d?
why are sony doing this? seems to me they can't find a way round this hack with firmware update otherwise it would be out now...
See, this is the part of it that's interesting to me.
Many of the devs have already said that it is possible for Sony to block/detect this via a frimware update. Yet, there's been no mention of one from Sony. Granted there probably will be one coming, but there's usually talk of one before it hits the streets.
It's odd to me that Sony is putting so much time/money into lawsuits over something that is already in the wild. Maybe they are just going for damage control, but it's inevitably out there now and can't be feasably stopped. Sony can't control/sue the entire world. Many countries laws would rule against them. Maybe they are just hitting the major countries to try and set a precedent.
However, we've already seen how crazy Sony goes over the mere mention of a possible hack (r.i.p. OtherOS). So I guess it's not agains't Sony's nature to go overboard on something like this. I would think that a company that big would have enough sense to know when you've been defeated on something.