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


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197w 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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Skaper's Avatar
#22 - Skaper - 197w ago
They can't trademark PS. It's commonly used as post-script. I don't see these just 'PS' ones working out for Sony.

dante wesley's Avatar
#21 - dante wesley - 197w ago
This reminds of how they went after capon through tax evasion they don't have as strong a case as they would have you believe on the hardware side so there using copyright and trademark technicalities as there weapon what they don't relies is that new clones are coming out every day and that now they will all just name themselves p.s.III.JB and simply side step Sony's case

johnnytoxic's Avatar
#20 - johnnytoxic - 197w ago
Sony hoping the website owners will cave as soon as they send a scary letter.

Seriously they can't own the combination of letters PS. And the hardware they sell has no circumvention data on it when shipped anyway. So they can't do jack.

GrandpaHomer's Avatar
#19 - GrandpaHomer - 197w ago
They're going for something as small as names, just rename all the software, or just drop the "PS" from releases and you dodge that silly bullet.

They must be clearly DESPERATE and have nothing else firm to clinch on if they're pulling such crap as using ps letters ...

Are they gonna sue EVERY single webpage with ps in the URL?

UPS - get ready your chequebook

Jes03's Avatar
#18 - Jes03 - 197w ago
What are they still going on about? It's the smallest pettiest thing they go after these days.

I think we all should stop buying anything $ony as it looks like they have way too much money and they are doing stupid things with it.

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