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

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216w 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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PS3 News's Avatar
#57 - PS3 News - 215w ago
Today garyopa has shared another update and some more court documents for those following: [Register or Login to view links]
These files just basically state only THREE of the NINE previously named defendants, Tom Nooker an Ebay seller, Bin Le Zhong of ps3breakonline, and Fai King Fong of getps3break, that have gotten lawyers so far to try to defend themselves against the powerful SCEA MIB team.

As for the rest of SIX remaining previously named and served defendants, no files have appeared for them, maybe on Monday those files will appear before the actual first court date on Tuesday, October 12th, 2010.

And Sony also has filed a number of Exhibits these basically just are proof that the devices that hired SCEA agents had personally ordered themselves have infact appeared into their cool slimy hands, and been confirmed to be as-advertised "pirate device" that Sony wants to be taken away from all the PS3 console owners out there in America land.

PSPSwampy's Avatar
#56 - PSPSwampy - 216w ago
If only I were in the states - I might consider going to 450 Golden Gate Avenue, San Fancisco on Oct 12th at 10am to mount a protest.

That's a hint for all you yanks in the San Fran area

Take down the evil sony empire!

PS3 News's Avatar
#55 - PS3 News - 216w ago
Here is another update from garyopa: [Register or Login to view links]

In our on-going exclusive in-depth coverage of SCEA's court-room battle with the PSJAILBREAK'ers, we have got another new court document, this one is signed order by Judge WILLIAM H ALSUP granting SCEA a Temporary Restraining Order against the named Defendants along with of course the currently un-named John Does #10 thru 100!

The order basically states the following:
[quote]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 immediately temporarily restrained 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 that defendants shall not delete, remove, transfer or in any way dispose of such communications and documents;

3. This order shall be binding upon the parties to this action and all other persons or entities who receive actual notice of this order by personal service or otherwise;

4. This order will be effective upon plaintiff's posting of $5000 security with the court pursuant to FRCP 65(c);

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

6. This order shall remain in effect until the date the hearing on the order to show cause set forth below or until such further dates as set by the court or stipulated to by the parties.

This order covers the currently named defendants:
ARTHUR BATES II doing business as PSP PIT STOP
ALEX ESQUIVEL doing business as NDSGAMER
and currently unnamed JOHN DOES #10 through #100!

The above people have until October 8, 2010 at 12 PM PDT to file a written reply to this court order in defense, and then SCEA has until October 12, 2010 at 9 AM PDT to file an update to their defense.

The big showdown starts in front of Judge Vaughn R Walker for a hearing on the order to show cause on October 12, 2010 at 10 AM in Courtroom 6, 17th Floor, 450 Golden Gate Avenue, San Francisco CA 94102.[/quote]

zadow30's Avatar
#54 - zadow30 - 216w ago
Well i would think, its game over for sony on jailbreak matter. They could have luck closing down sites/webshops in the US. But there are allready jailbreak clones from China, they wont get any luck with an law suit there. Even in Europe where i live, its legal to sell jailbreak usb.

Game Over Sony.

heartagram62's Avatar
#53 - heartagram62 - 216w ago
Quote Originally Posted by GrandpaHomer View Post
Yeah... ok. And... how many of those using the "computer" have the Cell processor in it of the same calibre as PS3 and most of all - how much did it cost, eh?

There is actually quite a lot people using this as an affordable dev environment for such hardware and they simply can't use "regular" PC or MAC for that. So next time don't be so quick on telling people what they should do.

I think you will find this is mearly my opinion, it is not what I am telling people to do! If they feel the need to use the console for other things then so be it. We all know the hackers will win in the end, they always do.

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