137w 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."
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THe post above got me remembering this is probably all because of the psp situation. Am I wrong that the psp is sony's first portable console? They really can't stomach that they didn't get everything right on their first attempt? If the ds was able to do much more than play games I imagine the software sales on that would also be less. Not to mention the design of the DS just says gaming handheld. It's not a cool music player, movie player.
If they aren't going to accept where they fell short and blame everything on piracy, I doubt they will learn and create better gaming platforms
I love/hate Sony PlayStation. I read in some other forum a couple years ago some of the things "they" were doing to fight PSP hackers. They are still so mad over that little toy (that I love), and now you can hack the big toy! I still can believe the obsolete (does any body else remember laser disc's) technology of CD based gaming has pushed innovations like blue-ray. The cartridges of the past where way faster to load. Beta was better than VHS and it lost, too. Well, it wasn't been that long since tapes died, finally. I hate that they treat the US market like they hate to make all that $ off of "US".