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


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204w 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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heartagram62's Avatar
#42 - heartagram62 - 204w ago
For all its worth Sony going after these people/firms, how many actual PS3 users have used these hacks? Most people I know value the online portion of the console much more than things like otherOS! I mean, come on, if you want to use other operating systems then you should probably being using a proper computer and not a console.

oldschool400's Avatar
#41 - oldschool400 - 204w ago
So I had an interesting thought. $CEA sues Apple for not doing enough to protect their idevices, and not doing enough to stop people from using said idevice to jailbreak the PS3... can i still use that combination of letters?

almost drooling at that thought. LOL

unit555's Avatar
#40 - unit555 - 204w ago
we were backtraced... someone dun goofed!

mcarteaux's Avatar
#39 - mcarteaux - 204w ago

PS. did sony invent the Alphabet

I'm pretty sure they have that registered too with their first station.

tripellex's Avatar
#38 - tripellex - 204w ago
The question I suppose is, however ridiculous the suits Sony files are, how many devs or resellers can afford to contest them?

Unfortunately, that's precisely what they are banking on, and is the same in 95% of court battles: Whomever has the most money wins.

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