172w ago - Yesterday we reported that Sony halted PS JailBreak Australian sales and distribution, and today OzMods (linked above) confirms PS3 homebrew will still arrive next week while the PS JailBreak folks stand by their claim that the PlayStation 3 modchip contains no Sony code.
Below is an image from the PS JailBreak discussion via ConsoleWinkel.nl and OzMods full statement, to quote:
"28/08/2010 - Hello Everyone. On Friday the 27/08/2010 we where given some documents from the Lawyers representing Sony. The documents are Federal Court orders for a temporary injunction.
The Injunction states that from 24 hours of receiving the documents to the 31st of August OzModChips, Quantronics, Modsupplier and anyone else in Australia:
• Give up all stock in our possession, including our sample
I guess it was lucky that the device was delayed by a couple of days. While many people that have received their sample and sent it off to cloners....we sent ours to a well known homebrew developer.
The developer we picked showed us various homebrew applications that he had already developed for ps3 dev units, that he wants to port over to retail units. Yes, PS3 homebrew is real and will start flowing through at a steady rate as soon as next week.
• Give up any stock we get between now and the 31st
We are not getting any between these times
• Ozmodchips also cannot:
or deal with PS Jailbreak devices
These are from the Federal Court of Australia.
All 3 Australian stores we appear in court in some form on the 31st of August. On the 31st the court will decide if there will be a continuation of the "ban" or if we are allowed to sell them.
Our views are the same as Quantronics who posted this info here. This is not OzModChips Vs Sony. This is not OzModChips, Quantronics, Modsupplier Vs Sony. We would go as far as saying that is not even everyone in Australia Vs Sony. This will effect everyone that plans to buy such a device world wide.
It already sets a dangerous precedent. Everyone that was using OtherOS, everyone that has had a faulty PS3 laser... and those interested in PS3 custom firmware and homebrew applications. We cannot do it alone, we need the support of everyone the homebrew community, the media, engineers that understand the inner workings and anyone else that can provide support.
If the injunction becomes permanent we will refund everyone that has ordered from us. If it doesn't then we will send all orders as originally planned. There will be no delay to the planned shipping date. We would ask everyone to wait until then.
We have the money sitting in our account which will cover 100% refunds for everyone if that needs to happen. We kindly ask everyone to just hold off until the 31st, as we need all the time we can to prepare.
Thank you for your support!
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Exactly, I was actually arguing about the possibility of Sony starting a lawsuit over the legality of PS3 Jailbreaks in the US. From what PSJailbreak has claimed, no confidential sony code is used, though I'm not sure how accurate that is considering how little information we have about the "jig" that is being emulated as one of the connected USB devices. Regardless of whether sony code is used or not, Sony is using this lawsuit as a ploy to both delay sales of PSJailbreaks and also as a chance to analyze the devices themselves.
The injunction was for Australia. Modchips are legal in that country but not having backups of games. I've seen people (not you) make the claim that what Sony has done isn't legal. I have to say otherwise. This isn't about the legality of selling modchips in Australia.
This is instead about Sony filing the injunction about being a case of using their copyrighted code. Now, if the PSJailbreak team doesn't have Sony code then there's not much Sony can do about it.