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


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220w 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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#27 - PSPSwampy - 220w ago
PSPSwampy's Avatar
Crap - need to change my name too

This post was brought to you by the letters P, S and the number 3

Big bird was never as much of a tool though.

PSPSwampy. (eek - don't sue me!)

#26 - tripellex - 220w ago
tripellex's Avatar
Also, make sure never to write P.S. in your letters to your wife, girlfriend, family etc., as in "P.S. I forgot to tell you something". They might demand to confiscate everything you, your family, and your future children own or will ever own.

O NOES! Please don't sue me Mr. Sony lawyers! *quivers in fear*...*snicker*

#25 - costocart - 220w ago
costocart's Avatar
Quote Originally Posted by Jes03 View Post
How about we call everything "PSJ" as in "PSJ Groove". They say we can't use the PS so why not PSJ? They don't own the letters PSJ.

that's still illegal as the 'PS' is referring to 'playstation'.

"SCEA is the exclusive licensee of the trademarks for, among others, PlayStation, PS, PS3, PS.com and PSP (collectively, the Trademarks.) the PS3 Jailbreak Device bears copies of the PS3, PS and PS.com trademarks

However there's a workaround for this. From here on let us all refer the PS as the 'Personal System'. so, for instance, use the PSJ to refer to Personal System Jailbreak, PS3 to Personal System 3.
the Trademarks have become, through widespread and favorable public acceptance and recognition, an asset of substantial value as a symbol of SCEA

we just have to change the public perception of the word ps

#24 - solrac1974 - 220w ago
solrac1974's Avatar
Oops... sorry Sony! I will change my name to something in russian, kanji or greek alphabet, ok? Please don't sue me for using your copyrighted alphabet! My name has a lot of P and S, i'm screwed!

#23 - mafiadog - 220w ago
mafiadog's Avatar
They are probably talking about the stylized logo which is a trademark , the S at the bottom as in the Boss's avatar. Ps.com is some powerline systems Uk website , that's no trademark.

 

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