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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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.
Sony was indeed releasing a firmware update that was supposed to be released at the end of August, but they pulled it claiming they hadn't finished the blu ray 3D playback part yet. I call BS as it was pulled when the Jailbreak was announced and proven to work. They are working as we speak on the next firmware update to try and close up this exploit rest assured. They say it should come out next month now so we can still get online and test backups for now.
I agree, that is the intent of the revised clause. But, the way it's worded, legally there may be some "wiggle room" for alternative situations, as they are somewhat vague on the statute. That's what's cool about the law (I'll be starting pre-law next Spring at the ripe old age of 32), is that unless you're VERY specific, there's enough leeway legally to be argued in court. I'm not saying the jigs or Jailbreaks fall under this clause, I'm just saying its an interesting idea if someone were to stretch the boundaries of the scope of the clause, and create a case from it.
If there was no way to pirate games whatsoever and you could only install and play your own games from the hard drive, I'd still be really interested in this device. I have a ton of games, and I hate having to get off my butt and swap discs for no good reason. That's one of the few bonuses of digital downloads IMO, so being able to extend that to physical media is a huge plus.
The intent of that law is for software like 3D Studio that requires (or used to anyway) a hardware device to be connected in order for the software to run. When the software is discontinued and the dongle is no longer for sale, it would be unreasonable to expect someone to stop using their software simply because the dongle stopped working.
While it would be pretty interesting to see a court ruling on the Sony jig, I think it'd be a stretch to say it applies to the PS3. Not to say it couldn't happen, but pretty unlikely IMO. I think a ruling that the jailbreak is legal is much more likely, especially since Sony closed the door to PS3 homebrew development via Other OS. I'd love to see that come back and bite them in the rear.
I don't know about everyone else but this just seems like Sony is preventing other people from making a ridiculous amount of money from this. As previously stated they haven't released a firmware to block this, but they are trying to block companies from selling it.
They seem more set on stopping companies from exploiting users (making them pay $200 for something thats pretty much free now) then stopping the jailbreak as a whole, which isn't really a bad thing.