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Sony America Files Lawsuit Against US PS JailBreak ReSeller


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207w ago - 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 [Register or Login to view links] 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 [Register or Login to view links] 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."



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Comments 39 Comments - Go to Forum Thread »

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PS3 News's Avatar
#39 - PS3 News - 174w ago
An update, to quote from: [Register or Login to view links]
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.

SovietSlayer's Avatar
#38 - SovietSlayer - 206w ago
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.

nafeasonto's Avatar
#37 - nafeasonto - 206w ago
This is the only thing I like about Microsoft, they don't sue.

They just ban lol.

ldh888's Avatar
#36 - ldh888 - 207w ago
Seems modchipcentral remove psj from its product line too...

GrandpaHomer's Avatar
#35 - GrandpaHomer - 207w ago
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"

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