171w 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 filed suit 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 recently warned 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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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.