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Sony America Files Lawsuit Against US PS JailBreak ReSeller


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224w 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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#19 - tripellex - 224w ago
tripellex's Avatar
After reading up a bit more, I stand corrected. Well done, sir.

Now THIS section below, I find amusing as hell:
E. Computer programs protected by dongles that prevent access due to malfunction or damage and which are obsolete. A dongle shall be considered obsolete if it is no longer manufactured or if a replacement or repair is no longer reasonably available in the commercial marketplace.

It would be the ultimate irony if this could somehow be litigated in court, under the precedence that the jigs Sony use at their repair centers would, under this clause, be considered "dongles". If Sony should ever replace their existing jigs (which I image they will after this is all said and done), then the old jigs may fall under this clause, as they would no longer be manufactured, nor made readily available,replaceable nor repairable by Sony. Not sure if this is the case, but it's an interesting concept.

#18 - tonybologna - 224w ago
tonybologna's Avatar
when you've been defeated on something.
I LOVE DEFEAT in this sense!
What I would suggest to PSJailbreak, X3 and other clone makers to do is to stop marketing them as PS3 jailbreaks, and instead sell the dongles as empty programmable shells, a la Teensy etc. If they marketed them as purely developmental devices with no software included nor chips flashed, and allowed for PSGroove or similar Jailbreak software to be flashed to them...well then Sony would be screwed legally.

You are spot on with that analogy! +rep!

#17 - lohr - 224w ago
lohr's Avatar
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. Then again PSJailbreak people didn't care much about anything other than profit, and wanted close to $200 for an under $20 device.

There was a day though where in the U.S you'd say there's no chance in hell we'd win a case against Sony for a device like this. HOWEVER, with the recent relook at the DMCA by the legal system, they've stated jailbreaking such devices as iPhones, etc is legal. They even defined it's legal to make a personal backup of a dvd you already own, if I recall right. So it'd be interesting with that in mind to see what the court says to Sony, you'd think they'd throw the case right out based on that.

The cats out of the bag though, and Sony cannot do much at all now with source code being out there. All in all, Sony lost, the source codes out, and there's no chance in hell they'd ever be able to stop the sale of usb developer boards. Dev boards have a million uses, and I myself including many use them in robotics.

#16 - tjay17 - 224w ago
tjay17's Avatar
I thought they would be legal in the US because of the whole apple jailbreak thing?

#15 - thirdeye0 - 224w ago
thirdeye0's Avatar
How can they try to prove someone's intent in court?? These are supposed to be for backing games you own up. They cannot say that people will or will not steal things with them. This is complete trash.

Hey, if I buy I car I might try to hit someone with it, so they should be illegal.

Man, if this kind of trash holds up in court, I cannot believe guns are legal. Those are always made for shooting things, mostly people.

 

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