170w 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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I absolutely agree. Sony doesn't stand a chance of making this illegal in the US. On the other hand they might be able to sue the "resellers" for making a profit off of it. Not sure about the technicalities but I absolutely believe sony is wasting their time and money.
Actually... The iphone Jailbreak is meant to allow you to have open access for application installation and management. The Jailbreak component is different then the unlock component. You can jailbreak your phone without having it unlocked.
In fact, most Iphone jailbreak releases explicitly say Do not apply X firmware for this jailbreak as it will prevent your phone from being unlockable. Unlocking a phone is different then jailbreaking.
In this sense, what the ps3 jailbreak does is the same as the iphone jailbreak. It allows unsigned code to be used on the system.
You are wrong. Read the report. It uses presence from previous cases that have nothing to do with cell phone use such as DVD movie copy right protection all the way to computer game and hardware reproduction to make the case for the Iphone Jailbreak.
It does talk about circumventing security measures in place if the person "owns" the rights to the license of the software. Read the actual legal decision. (wired.com/images_blogs/threatlevel/2010/07/dmcaexemps.pdf).
It would be incredibly easy in my opinion for them to reproduce this for use in console games. Now could sony sue them for marketing it for the purposes of playing backups? I absolutely do not believe they will win in the US. Sony will get their asses handed to them.
Like DaGraveR stated above, there's not much they can do about the Teensy boards and similar MCU devboards, as they have a lot more uses developmentally than just simple piracy.
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.
The only problem with this court precedence is, other then using the same term "Jailbreak", the two solutions are vastly different. The iPhone jailbreak's main purpose is to allow you to move your phone to any carrier, which is protected under recent DMCA rulings. The PS3 jailbreak, on the other hand was created and marketed for the explicit purpose of "backing up" your games. Under the new rulings, the ONLY allowable instance of circumventing a video game's encryption is for legitimate security testing or investigation. End-users are not covered under nor protected by this ruling, and that is precisely what PSJailbreak has been marketed as: A tool for end-users.
The precedent has already been set in the US. Apple lost it's battle against the jailbreak on the iphone which allowed EXACTLY the same thing as this jailbreak for the PS3. I HIGHLY doubt they will win.
As for why they are dumping all this money and effort into lawsuits may be based on creating an iron fist for later releases. Think about it. The average lifespan of a console is 5 years. The PS3 is very close to this and soon, maybe a few more years, the PS4 will be announced and released.
They probably got so confident with the security of the PS3 that they have put the same security measures into the architecture of the PS4. IMO they are trying to set precedence so they don't have to go back and possibly redesign the PS4 hardware and security. It is just speculation but it is highly plausible and makes since. This is the only reason I could see why they would try and "make an example" out of people even though it is already out.