Sony Responds To PS Jailbreak - Launches Court Case

**naughtydog** · 27.08.10, 19:02

Oh dear, this doesn’t bode well, most of us were wondering why Sony wasn’t responding to PS Jailbreak, it seems that they have, Oz Modchips and Quantronics, have been ordered not to sell or distribute PS Jailbreak, im not sure how this will affect the rest of the world, but i really hope the Australian courts vote in PS Jailbreaks favour, though that seems unlikely, i really do feel sorry for the Oz Modchips guys, it is reported that the remortgaged their houses to get as much stock as possible.

Below is the application, filed with the Federal Court of Australia, Victoria Registry:

SONY COMPUTER ENTERTAINMENT EUROPE LIMITED, SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LTD
Vs
OZMODCHIPS PTY LTD, RYAN EMMANUEL CARUANA, GLOBAL SOLUTIONS INTERNATIONAL PTY LTD T/A QUANTRONICS, KEN TOLCHER PTY LTD T/A MOD SUPPLIER.

THE COURT ORDERS THAT:

Sony Responds To PS Jailbreak - Launches Court Case | PS3Hax Network

**cheatuga** · 27.08.10, 20:00

Was expected. And doesn't look good for them.
The ps jailbreak is already copied so the spread of it won't be affected.

**naughtydog** · 27.08.10, 20:09

Well hopefully th eclones are from other countries other than Australia... Come to think of it.. I think the guys at PSJ anticipated this move by sony and have a backup plan. They can make a fortune out of this you know. Hopefully sony losses the case on 31st August.... will be EPIC

**Kool-Aid Man** · 30.08.10, 04:08

Sony will inevitably win the case because the legal system tends to favor corporations as opposed to your average citizen, even if they are of slightly ill-repute.

**Sazzy** · 30.08.10, 04:09

Originally Posted by Kool-Aid Man

the case because the legal system tends to favor corporations

Probably more important in this case to remember that modchips are illegal.

**Kool-Aid Man** · 30.08.10, 08:43

Originally Posted by Sazzy

Probably more important in this case to remember that modchips are illegal.

That's a very grey area so far as I'm concerned. Once I've purchased the system, I believe it is my right to do with it what I damn well please. If that means implanting a chip or defecating on the disc drive, it's my prerogative. It has become my property, and they've lost any right to dictate how it is used. You, presuming you're not here just for the conversation, are a copyright infringer like the rest of us. Sony wants to make modding illegal so that people cannot pirate (copyright infringement, if you're keeping score) games. You're essentially arguing against the kinds of activities in which you partake.

**caballero** · 30.08.10, 09:02

Originally Posted by Sazzy

Probably more important in this case to remember that modchips are illegal.

I think that it depends on the country

**mirrormask** · 31.08.10, 18:30

the australian court date has been moved to september 3rd:

Australian PS3 Jailbreak Courtroon Showdown Delayed Till Friday

**Sazzy** · 01.09.10, 20:23

Originally Posted by caballero

I think that it depends on the country

True, but my point was that it's actually in their user agreement that you're not allowed to do this and by buying one, you automatically agree to this agreement. If you live in one of these nicer countries, you can go ahead and mod it, but this will not stop the companies from taking some actions which you can't do anything against as you have violated the user agreement. If you don't live in one of these countries, they can go sue your ass if they wanted

(but probably wont)

An example would be the xbox live service, if MS detects you're running a modded xbox, they will ban you from using this service.
Another would be Nintendo. If your Wii breaks down while under guarantee and they see you've modded it in any way (even just a softmod), they will charge you extra fees for fixing it. I once saw an invoice from nintendo charging 100 dollars for repairs and 200 extra fees for modding it, resulting in 300 dollars which is 50 dollars more than a brand new Wii.

Originally Posted by Kool-Aid Man

That's a very grey area so far as I'm concerned. Once I've purchased the system, I believe it is my right to do with it what I damn well please

Yes and no, as I stated above, it's clearly noted in the user agreement, which you sign by buying the device and violate by changing it. One could say you're violating a contract with MS, Sony, Nintendo or whatever.

Originally Posted by Kool-Aid Man

You, presuming you're not here just for the conversation, are a copyright infringer like the rest of us. Sony wants to make modding illegal so that people cannot pirate (copyright infringement, if you're keeping score) games. You're essentially arguing against the kinds of activities in which you partake.

There's a big difference between knowing that you're participating in illegal activities, like myself, or completely denying it, like you are doing. Just stating facts, nothing more. I never said I support or agree with what they're doing, though it's only natural companies do not like piracy, nor does anyone that made something and is trying to sell it.