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Sony Versus PS3 JailBreaks - Round Two: More Document Leaks!


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213w ago - Update: garyopa now [Register or Login to view links] that SCEA was granted a temporary restraining order by Judge William H Alsup against the named defendants and the currently un-named John Does #10 through 100 as detailed HERE.

As a follow-up to the previous news reported on Sony targeting PS JailBreak, PSFreedom and PSGroove for PS3, today garyopa at PSX-Scene.com (linked above) has shared more documents that have surfaced.

Some interesting excerpts from the documents include the following:

"Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. 1201 et seq. This Court previously has recognized the illegality of video game console circumvention devices and has enjoined their sale and distribution. See, e.g., Sony Computer Entertainment America v. Divineo, Inc., 457 F. Supp. 2d 957 (N.D. Cal. 2006)."

"SCEA is the exclusive licensee of the trademarks for, among others, PlayStation, PS, PS3, PS.com and PSP (collectively, the Trademarks.) Liu Decl. at 13, Exh. C. SCEA has invested substantial time and money in promoting the Trademarks in connection with the marketing and sale of its products. Id.

As a result, the Trademarks have become, through widespread and favorable public acceptance and recognition, an asset of substantial value as a symbol of SCEA and its quality products and goodwill. Id. at 14."

"For example, the PS3 Jailbreak Device bears copies of the PS3, PS and PS.com trademarks. Other versions of the devices appear to bear a copy of SCEA's PS.com trademark and/or the stylized PS mark.

Defendants websites at www.psjailbreak.com, www.shoppsjailbreak.com, www.psppitstop.com, www.buyps3jailbreak.webs.com and www.ps3breakonline.com also prominently feature SCEA's trademarks in their websites and incorporate them in their domain names.

That Defendants be required to deliver to SCEA, to be held for destruction or other disposition at the conclusion of this litigation, any and all computer hardware and peripherals containing infringing material, all CIRCUMVENTION DEVICES including the PS3 Jailbreak Device and Backup Manager, and the software contained on the PS3 Jailbreak Device, known as, for example, PSGroove, PSFreedom, and OpenPSJailbreak, hard disc drives containing infringing material, computer software, inventory of CD-ROMs, computer diskettes or the like, packaging, labels, promotional, or advertising material or other materials bearing unauthorized copies of the interactive software products or any of SCEA's trademarks, or any copy, simulation, variation or colorable imitation thereof."



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Comments 62 Comments - Go to Forum Thread »

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piisexactly3's Avatar
#62 - piisexactly3 - 202w ago
Quote Originally Posted by TheDevil View Post
I still recall the sad local case of MCDonald vs MCAllen. As you may have guessed poor little MCAllen had a tiny sausage stand where he sold a few 100 sausages each day. MCDonald sued him for using the "MC". MCAllen won of cause.


I know nothing about this specific example but I'm guessing McAllen weren't using the 'Mc' to implicitly leech off the success of McDonalds, hence why they would have one.

I'm tipping Sony wouldn't care less if someone released a toaster (or anything else completely unrelated) modelled "PS3", the difference here is that these products specifically, and undeniably, refer to Sony's trademarked product. People are exploiting Sony's IP for their own benefit and should be stopped.

If that affects people's ability to leech everything they can to meet their overinflated sense of entitlement then all the better.

mcarteaux's Avatar
#61 - mcarteaux - 203w ago
Quote Originally Posted by TheDevil View Post
Last i check i owned my 92E and i understand that Sony dont like me hitting it with a hammer (or a JB dongle) but since i own it .. isn't it my choice if i want or not? I wonder when Sony starts suing people who sell hammers.

Sure you own it, but you don't own the software inside it. You're granted a copy of it, to use as long as they'd like you to. They can brick every ps3 right now and not lose a court case over it. Did you read your EULA?

tbh, someone should sue sony and make them revise their eula like the government did with credit card companies' tos.

TheDevil's Avatar
#60 - TheDevil - 203w ago
Thankfully the law does work in some parts of the world. I still recall the sad local case of MCDonald vs MCAllen. As you may have guessed poor little MCAllen had a tiny sausage stand where he sold a few 100 sausages each day. MCDonald sued him for using the "MC". MCAllen won of cause.

Anyways, the point is that large companies sues everyone by default.. small or large it dosnt matter to them. The main thing with sueing is also to "stop & desist" anyone else as long as possible. Poor MCAllen couldn't sell anything for months. Only thing MCDonald won from this was a nationwide bad rep.

I totally understand that Sony wants so keep there trademarks safe. Of cause we all know that this current case isn't about trademarks at all but is just their way to stop JB and the rest as long as possible.

Should 2ony win this because its a tool that could be use with the 92E then i would be VERY surprised. It would be like a big car company winning a case over someone selling car-tires because the tires MIGHT fit their car.

Last i check i owned my 92E and i understand that Sony don't like me hitting it with a hammer (or a JB dongle) but since i own it .. isn't it my choice if i want or not? I wonder when Sony starts suing people who sell hammers.

PS3 News's Avatar
#59 - PS3 News - 203w ago
Another update from garyopa for those following the court battle: [Register or Login to view links]
On the eve of everyone screaming about the new v3.55 Firmware update, killing off the Downgrading PS3 consoles.

Sony has also been busy with new paperwork in a court room today, and have re-opened their case against the Jailbreakers in the United States.

Lucky, for everyone it is almost XMAS season, so the next big court date will be February 24, 2011 at 10:00 a.m. in front of Honorable Richard Seeborg which will now also take place in the Golden Gate city of San Francisco.

In the meantime SCEA is busy filing court papers and most likely new printouts from all the forum sites and other sites that have appeared in the last month with the outbreak of all these new fancy dongles and downgrades.

So it seems tonight, Sony is not happy with just releasing a v3.55 update, it looks like they plan a new court battle also, and we here at PSX-SCENE will keep you updated as SCEA starts filing their paperwork thruout the XMAS holidays.

Sony becomes the new Scrooge in our holiday books this year!

PS3 News's Avatar
#58 - PS3 News - 211w ago
Another update for anyone curious: [Register or Login to view links]
On Oct. 12, 2010 in the court room in front of the Honorable Judge Vaughn R Walker, the Show Cause court case between SCEA and the so far named PSJailbreak resellers, the were selling the original PSJailbreak, PS3BREAK and PS3KEY on varous online websites including Ebay occured.

The end result, was just as pictured above, an Empty Court Room, the Big Showdown turned into the Big NO-Show, as a result the Judge had no reason not to grant what Sony was asking for and as a result of the empty room with no defendants, SCEA was granted the following Preliminary Injunction:

On October 5, 2010, the court granted a temporary restraining order against defendants and ordered them to show cause why a preliminary injunction should not issue and why the court should not issue an order of impoundment pursuant to 17 USC §1203(b)(2). Doc #33.

The court held a hearing on the order to show cause on October 12, 2010, and no defendant appeared.

For the reasons explained below, plaintiff Sony Computer Entertainment America's ("SCEA") motion for a preliminary injunction and order of impoundment is GRANTED. SCEA and defendants Tom Nooker, Bin Le Zhong, Alex Esquivel and Fai King Fong entered into stipulated preliminary injunctions. Doc ##38, 42, 45, 47. SCEA has not moved for injunctive relief against defendants Vlad Gazoune and HuanRan Lee. The defendants bound by the this preliminary injunction are: Thahn Nguyen, individually and doing business as USATechCity, Ltd ("USATechCity") and Arthur Bates II, individually and doing business as PSP Pit Stop ("PSP Pit Stop").

Having considered all the papers and arguments, the court finds that SCEA has established that it is likely to succeed on the merits of its claims for violation of the Digital Millennium Copyright Act and federal trademark law and that it will suffer irreparable harm unless defendants' violations are enjoined. The court additionally finds that the balance of equity and interests of justice support granting such relief. Furthermore, defendants failed to appear or otherwise show cause why a preliminary injunction and order of impoundment should not issue.

Accordingly, the court orders as follows:

1. Defendants and their officers, employees, attorneys and representatives, and all other persons or entities in privity or acting in concert or participation with defendants, are enjoined from selling, offering for sale, marketing, advertising, promoting, installing, distributing or otherwise trafficking in circumvention devices, including but not limited to any or all of the PS3 Jailbreak devices, any copies or versions of backup manager or any other hardware or software that bypasses technological copyright protection measures in SCEA's PlayStation®3 computer entertainment system;

2. Defendants shall preserve all communications, including email communications, and other documents relating to their purchase, sale, receipt or distribution of circumvention devices, including but not limited to the PS3 Jailbreak devices, the backup manager or any other hardware or software that bypasses technological copyright protection measures in SCEA's PlayStation®3 computer entertainment system, and defendants shall not delete, remove, transfer or in any way dispose of such communications and documents;

3. Pursuant to 17 USC § 1203(b)(2), all circumvention devices in defendants' possession, custody or control are ordered impounded, including any or all of the PS3 Jailbreak devices, any copies or versions of backup manager or any other hardware or software which bypasses technological copyright protection measures in SCEA's PlayStation®3 computer entertainment system. Defendants shall immediately deliver the devices to SCEA's attorneys at Townsend and Townsend and Crew LLP, Two Embarcadero Center, Eighth Floor, San Francisco, CA 94111 Attn: Timothy R Kahn, Esq;

4. The $5000 security posted to secure the temporary restraining order, Doc #36, shall suffice as security for this preliminary injunction;

5. Plaintiff shall serve defendants, defendants' resident agents or counsel with a copy of this order;

6. This order shall remain in effect until further order of the court.

That's All Folks! --- Case Closed for now!

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