PS Jailbreak Found Illegal by Australian Courts

189w ago - The day has come and it seems the injunction against PS Jailbreak has not been lifted, but continued until further notice, and that the distributor, China Sun Trading Limited must turn over all stock intended for suppliers in Australia.

Justice Dodds-Streeton has ordered that PS Jailbreak may not be imported, distributed to another person, offered to the public, provided for another person, or dealt in despite a free version of the PS3 hack already being made public.

Furthermore, in more shocking news, that the defendant's are ordered to contact the supplier, identified as China Sun Trading Limited of China, with the account number of 817-374473-838 at the HSBC Hong Kong bank branch and inform that any goods ordered be sent to Peter Chalk, and not the defendants.

Finally, it has been ordered that any more PS Jailbreak devices that are acquired by the defendants be handed over forthwith.

This, curiously does not mention other devices, like the Teensy or other devices which have a dual purpose use - so they could still be programmed and sold, as the documents only name "PSJailbreak".

OzModChips Tweeted the following comment about the decision:

"Sorry 4 the lack of updates, its been a long day. Bassically the injunction still stands but its not 100% over yet. Not allowed to say more"

PS3 hacker Mathieulh commented to BBC the following regarding the open-source PSGroove alternative, to quote:

"We want people to run the software they like on the system they paid for without it having to be licensed by Sony. We released it on the internet because we believe in openness, choice and innovation from everyone.

We understand (games console makers') point of view as well when it comes to protecting their income or business models, we just believe compromises could be made to keep everyone happy."

The entire text is below:


1. Upon the Applicants undertaking to the Court to:

(i)submit to such order (if any) as the Court may consider to be just for the payment of compensation, to be assessed by the Court or as it may direct, to any person whether or not a party, adversely affected by the operation of Orders 3 to 5 set out below or any continuation (with or without variation); and

(ii)pay the compensation referred to in (a) to the person or persons there referred to.

1.2 ORDERS that, until further order, the First, Second, Third and Fourth Respondents and each of them, whether by themselves, their servants or agents, be restrained from doing any of the following acts with respect to all and any Universal Serial Bus devices described as "PSJailbreak" in Exhibit PJC-1 of the affidavit of Peter John Chalk sworn on 26 August 2010 and filed herein, as packaged, and distributed or threatened to be distributed by the Respondents (PSJailbreak Devices):

(i)importing them into Australia with the intention of providing them to another person;

(ii)distributing them to another person;

(iii)offering them to the public;

(iv)providing them to another person; and/or

(v)otherwise dealing in them.

save that it will not be a breach of Order 2(a) for the First or Second Respondent to import all and any PSJailbreak Devices in respect of which any orders were placed prior to 27 August 2010, provided that any such importation is subject to the undertaking in paragraph 5 below.

1.3 ORDERS that, the First, Second, Third and Fourth Respondents and each of them deliver up to the solicitors for the Applicants, to be held until further order, any and all PSJailbreak Devices in those Respondents' possession custody or control.

1.4 ORDERS that, until further order, the First, Second, Third and Fourth Respondents and each of them continue to deliver up to the solicitors for the Applicants, to be held until further order, any and all PSJailbreak Devices that come into those Respondents' possession custody or control (including the sample device referred to in paragraph 7 of the Affidavit of the Second Respondent affirmed on 2 September 2010), forthwith upon them doing so.

1.5 NOTES the undertaking to the Court given by the First and Second Respondents by their counsel:

(i)forthwith to notify the supplier of PSJailbreak Devices (identified as China Sun Trading Limited of China, being the beneficiary of account number 817-374473-838 at the HSBC Hong Kong branch, 1 Queen's Road Central, Hong Kong with SWIFT Address HSBCHKHHHKH) that any goods ordered by the First and Second Respondents are to be shipped to Blake Dawson to the attention of Peter Chalk at Level 26, 181 William Street, Melbourne, VIC, 3000 and not to the First or Second Respondents; and

(ii)to deliver up in accordance with Order 4 above to the solicitors for the Applicants any PSJailbreak Devices received.

1.6 NOTES the undertaking to the Court of Blake Dawson:

(i)to hold any such goods securely subject to any further order of the Court; and

(ii)promptly to notify the solicitors for Respondents of the receipt of any such goods and to supply copies of any documentation received with them.

1.7 RESERVES LIBERTY to the parties to apply on 24 hours' notice, including for the purpose of the First and Second Respondents giving notice on or after 9 September 2010 that they wish the matter to be relisted for the resumption of the Applicants' application for interlocutory relief.

1.8 ORDERS that costs be reserved.

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Comments 32 Comments - Go to Forum Thread »

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2High4U's Avatar
#32 - 2High4U - 188w ago
OzMod website update now says PS3 Jailbreak is said to be shipping to retailers on the 8th.

oVERSoLDiER's Avatar
#31 - oVERSoLDiER - 188w ago
Yep, had the same problem here in Germany. They canceled my order, but I get my money back.

So let's wait for an cheaper exploit, and maybe legal.

b4rtsimps0n's Avatar
#30 - b4rtsimps0n - 188w ago
I ordered one from consolepro, one of the Dutch authorized resellers. And I just got an email that they have been contacted by Sony's lawyers who told them to stop selling the PSjailbreak. As they are a small company, they don't have the means to battle it out with Sony in court. Too bad because I think they would have won it here in the Netherlands. At least I got my money back and I can wait for a free solution.

I'm wondering if any of the resellers will actually be selling them.

2High4U's Avatar
#29 - 2High4U - 188w ago
psjailbreak is back up on OzMod, says sold out and there will be more news on the 7th.

tonybologna's Avatar
#28 - tonybologna - 189w ago
Things are going haywire! At least we have an open source option available now. Sony can't do anything about Teensy boards and all the other programmable boards we have as options now. We can thank PSJailbreak though for getting the ball rolling.

These guys could be facing some serious problems. BTW, I've been told/reported that the PSJailbreak has Sony copyrighted code in it. Supposedly, there has been certain people shown pictures as proof.

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