166w ago - Update: garyopa now reports 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."
Stay tuned for more PS3 Hacks and PS3 CFW news, follow us on Twitter and be sure to drop by the PS3 Hacks and PS3 Custom Firmware Forums for the latest PlayStation 3 scene updates and homebrew releases!
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.
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.
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.