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:
1. Upon the Applicants undertaking to the Court to:
(a) submit to such order (if any) as the Court may consider to be just for the payment of compensation, to be assessed by the Court or as it may direct, to any person whether or not a party, adversely affected by the operation of Orders 3 to 5 set out below or any continuation (with or without variation); and
(b) pay the compensation referred to in (a) to the person or persons there referred to.
2. ORDERS that the Applicants’ Notice of Motion of 26 August 2010 be made returnable instanter and heard ex parte.
3. ORDERS that up to and including 31 August 2010, the First to Fourth Respondents and each of them, whether by themselves, their servants or agents, be restrained from doing any of the following acts with respect to all and any Universal Serial Bus devices described as “PSJailbreak” in Exhibit PJC-1 of the affidavit of Peter John Chalk sworn on 26 August 2010 and filed herein, as packaged and distributed or threatened to be distributed by those Respondents (PSJailbreak Devices):
(a) importing them into Australia with the intention of providing them to another person;
(b) distributing them to another person;
(c) offering them to the public;
(d) providing them to another person; and/or
(e) otherwise dealing in them.
4. ORDERS that the First to Fourth Respondents and each of them deliver up to the solicitors for the Applicants, to be held up to and including 31 August 2010, any and all PSJailbreak Devices in those Respondents’ possession custody or control.
5. ORDERS that, up to and including 31 August 2010, the First to Fourth Respondents and each of them continue to deliver up to the solicitors for the Applicants, to be held up to and including 31 August 2010, any and all PSJailbreak Devices that come into those Respondents’ possession custody or control, forthwith upon them doing so.
6. ORDERS that the Applicants’ Notice of Motion of 26 August 2010 otherwise be stood over to 10.15 am on 31 August 2010 for the hearing of the Applicants’ application for:
(a) each of orders 3, 4 and 5 to be made on the basis that they continue until further order;
(b) an order that such limited number of PSJailbreak Devices as to the Court seems appropriate be released to the Applicants and their advisers (technical, legal or otherwise) for such analysis, including destructive analysis, as the Applicants think fit, upon the payment to the applicable respondent of its retail price for each such PSJailbreak Device.
7. ORDERS that the Applicants’ Notice of Motion of 26 August 2010 be provided to, but need not be served on, the First to Fourth Respondents.
8. ORDERS that the time by which the Applicants’ Application of 26 August 2010 and its accompanying documents be served on the First to Fourth Respondents be abridged to 5 pm on 27 August 2010.
9. ORDERS that these Orders may be served, and are taken to be served with immediate effect:
(a) on Ozmodchips Pty Ltd (ACN 136 734 186) and Ryan Emmanuel Caruana, upon the Applicants leaving a copy of these Orders at the shop located at 1137 Burke Road, Kew, Victoria 3101 between the hours of 10am and 5pm Monday to Friday and 10am and 3pm Saturday and the Applicants copying and pasting these Orders into the contact form at http://www.ozmodchips.com/contact/open.php; and
(b) on Global Solutions International Pty Ltd T/A Quantronics (ACN 102 293 603), upon the Applicants leaving a copy of these Orders at its registered office and emailing a copy of these Orders to “sales@quantronics.com.au”; and
(c) on Ken Tolcher Pty Ltd T/A Mod Supplier (ACN 054 914 126), upon the Applicants leaving a copy of these Orders at its registered office and emailing a copy of these Orders to “support@modsupplier.com”.
10. RESERVES LIBERTY subject to order 11, to the parties to apply on 24 hours’ notice.
11. RESERVES LIBERTY to any respondent served with these orders to apply before 31 August 2010 on six hours’ notice.
12. ORDERS that entry of these Orders be expedited.
13. COSTS reserved.
Thanks to hailfire101 via Twitter and jaaSUmbra via IRC, for bringing this to my attention
EDIT:
jedix from IRC posted this quite interesting link, it speaks of the legality of mod chips in Australia, here is the important bit quoted.
Mod chips are actually legal in Australia, on something of a technicality: by the time a mod chip allows a pirated game to be played, the copyright violation has already occurred. It’s the act of distributing or copying games that courts are worried about; without the content, the chips themselves are useless. In the US and much of Europe, the act of circumventing protection measures is itself illegal, making it easier to keep circumvention technology away from the public.
This is a temporary injunction, but since this device allows the games themselves to be copied—much like mod chips from the Xbox-era— judges may not be so forgiving. The USB sticks don’t just allow pirated games to be played, they give you the ability to copy the games yourself.
Sony has until August 31 to make its case for the continued ban against the sale of the devices. If they’re not able to make a compelling legal argument, the PS Jailbreak should be offered for sale yet again… although one could forgive Sony for dragging its feet in releasing the inventory.
08-27-2010
07:52 AM
my god ! it's incredible ... but I think that the PSJailbreak team was ready to this opposition . So they , maybe, they know how resolve these problems ...
08-27-2010
07:56 AM
How do you delete comments?
08-27-2010
08:00 AM
no matter what even if they do that there will be a free solution that will not stop spreading on the net.
08-27-2010
08:05 AM
Sony's too scary, seems it's hard to detect that USB dongle :thefinger:
08-27-2010
08:08 AM
china already sale
http://s.taobao.com/search?q=jailbre...s-3-c-50040529:thefinger:
08-27-2010
08:08 AM
How do you delete comments?
08-27-2010
08:16 AM
08-27-2010
08:18 AM
How do you delete comments?
08-27-2010
08:19 AM
well i just hope that the european courts are slower than the australian ones....
this just might push the psjailbreak team to ship them all now before they themselves are targeted by sony.
it just seems a little off to me that the delay was reported just 2 days before this order was served, like they already knew something was happening.
anyone else think so?
08-27-2010
08:19 AM
08-27-2010
08:19 AM
*link deleted because I don't want $ony suit them*
08-27-2010
08:21 AM
that explains the clones
08-27-2010
08:22 AM
china already sale this
http://www.alibaba.com/trade/search/...jailbreak.html
http://www.aliexpress.com/wholesale/...jailbreak.html
if you want this buy in china
08-27-2010
08:24 AM
just changed and made cheaper to get rid of them before they get stopped from selling the psjailbreak named ones.
could explain the component shortage story!
08-27-2010
08:25 AM
Im not quite sure that PSJB is illegal in the UK, a UK mod chip maker won a case a few years back, i think it was Mr Modchips.
Nintendo only got the R4 flash cart banned and nothing else.
08-27-2010
08:28 AM
look guys
http://item.taobao.com/item.htm?id=7169884936
08-27-2010
08:30 AM
Wow, I really feel sorry for them. Having already bought soo many sticks and now they can't sell em, plus they're giving refunds too. That's gonna seriously dent their wallets
08-27-2010
08:36 AM
This goes to show that sony can't stop the psjailbreak usb hack, as they are trying to sue people trying to sell it. This hack is probably similar to the pandora battery hack for the psp, once people found out that sony used a battery trick to fix there bricked psp, it was over and people were able to hack the psp and sony couldn't stop that hack no matter how many firmware updates they released because you could always use a pandora battery and rehack the psp whose firmware was updated. This means the psjailbreak usb hack will be the same thing and once the contents are dumped or a good number of people get there hands on it, sony will be in trouble because even if they update the firmware the psjailbreak usb hack might give us the ability to rehack ps3, unless sony blocks usb which is impossible because you need the usb to charge the controllers, so the ps3 community in my opinion has finally gotten one over sony and know sony is in trouble and they are panicking.
08-27-2010
08:36 AM
They can still sell the PSjailbreak not programmed and release the software separately
but then again, who would pay 150 $ something worth 5$ ?
Maybe they could ask for donations?
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08-27-2010
08:40 AM
08-27-2010
08:43 AM
08-27-2010
08:46 AM
08-27-2010
09:09 AM
I was kind of expecting this to happen sooner or later, i just hope we can come up with a solution fast enough, before sh*t hits the fan.
08-27-2010
09:28 AM
With all seriousness, I respect the team that was able to create the jailbreak. They should have released their methods for free to the public and had a donations link. they would not have gotten as much as they were gonna get by selling it though, but people would have donated for this!. I hope this doesn't start everyone that hack devices sell their methods...
08-27-2010
09:56 AM
donations would of been a better idea, i dont think sony went ape sh*t over the pandora battery did they? I feel sorry for those aussy's stood a chance of making a fortune.
08-27-2010
10:21 AM
hey guys I have a question what is this site www.playstation-scene.org
08-27-2010
10:41 AM
Front page edited, additional news added.
08-27-2010
10:47 AM
The PSJB isnt sold with the manager software on the stick, it seems to me that the guys behind the PSJB did they're homework and chose to release the sticks in austrailia for that reason. "Modchips arent illegal in Aus".
Sony dont really have anything to go on, so unless the officials over in Aus decide to change the law, these will be back on sale before you know it, and who knows sony may end up paying compensation to ozmodchips for loss of earnings XD
08-27-2010
10:51 AM
According to internet reports, OZModchips is now canceling pre-orders and refunding peoples money back.
08-27-2010
10:56 AM
thats a lotta monies to be refunding.
08-27-2010
11:01 AM
i really feel sorry for these guys,
even if they are allowed to sell them after the 1st, how many customers will have already ordered from elsewhere?
08-27-2010
11:03 AM
Email by Mod Suppliers:
08-27-2010
12:56 PM
If it wasn't for the delay they could have already shipped their preorders before this injunction. If it does get banned from sell in Australia then hopefully the mod shops can cancel their orders and get their money back. This will just drive it underground, it won't be possible to stop the import of something that could easily pass for USB flash memory as long as PSJailbreak release a covert version without their name on it.
Doesn't affect me anyway, it will be easy to get hold of in Asia.
08-27-2010
12:59 PM
It made BBC News http://www.bbc.co.uk/news/technology-11116416
08-27-2010
01:21 PM
Not sure that they would lose the case if they went to trial.
08-27-2010
01:54 PM
Part of the reason that PS2 modchips were ruled legal in Australia was due to them enabling region free gaming. I think that ruling influenced Sony's decision to make PS3 region free. I wouldn't be surprised if Sony wins this case.
Edit:
As PSJailbreak not only assists players to play but also copy unauthorised games then I think there is a high chance this will be outlawed in Australia.
08-27-2010
02:05 PM
i dont feel sorry for any of these companies. they all getting what they deserve. trying to be greedy by overcharging and then delaying the shipments just to make more money. they are no better than sony. i think it is funny that they are losing all that money they invested. that is why greed is one of the seven deadly sins. LMAO!!
08-27-2010
02:14 PM
It's not the distibutors fault it was delayed, and they don't set the wholesale price.
08-27-2010
02:36 PM
if any of us bought 250 of these at bulk price then could we sell them any cheaper?
not really, dont forget all other costs involved like admin and shipping etc
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the device can simply be used as a homebrew enabling device for the many consumers who can no longer run homebrew in linux because sony removed otheros in a fit of rage even though they publicly stated they wouldnt.
this device could then theoretically restore the ps3 console to the way it was, with all the features it was originally marketed and sold with.
this would be my reasoning in the courts that it is not security breaking but rather a repair/restore device
:thefinger:to sony.
08-27-2010
02:49 PM
PSJailbreak really failed to get their product out in time, and with all the clones coming in you would think they would rush to get their product out sooner.
08-27-2010
02:55 PM
looks like they had a great demand in china and with the clones probaly being made there thought they had better cash in while they could.
the rest of the world just had to wait unfortunately!
08-27-2010
03:39 PM
Now i know this is so far just in australia. i have checked a couple of uk sellers and they are still taking orders (which by the court case is illegal) so it obviously hasnt reached us here yet. has anyone heard off the psjailbreak people today to see if they are still shipping early next week to try and beat the cases?
08-27-2010
04:01 PM
apparently shoppsjailbreak are recieving stock on mon/tues
08-27-2010
04:04 PM
You'll be able to import from one of the Spanish retailers regardless. Mod chips are legal in Spain.
08-27-2010
04:10 PM
08-27-2010
04:11 PM
My thoughts on this are exactly like what someone else said. There was just a recent ruling in the US regarding it being declared legal for people to jailbreak their electronic devices. Granted, I don't know if that applies to just phones. But I imagine if it goes to some international court, they could (I would think anyhow) be able to at least win rights to the exportation of the devices to the US. Which would be a really bizarre situation since if they managed to get at least that, by leveraging US law, it would imply they didn't get such rights for exportation in the native country (Australia). So you'd have a situation where you can make them in the country but can't sell them to it's people. But that's all speculation. But it -might- go to an international court, since the "crime" causing the judgement, occurred across the country's borders, inadvertently escalating the case up the legal ladder, and that's if Sony decides they haven't had their fill yet and decided to actually go beyond a judgement.
I'm no legal expert though, just a thought or two I had. I'm just surprised nobody is making more mention of the US jailbreak laws since their so recent and deal with the situation (albeit a different country). I guess because it pertains to the US only, probably why the modchip precedence is being mentioned more.
The interesting thing about donations is, it still allows someone to receive payment instead of requiring it, since it's "purely volunteer", if you catch my drift. Though I guess any sort of compensation, no matter which direction, would be troubling. There's gotta be a way, the scene has come too far and is now too close, to be shut down by Sony. It's ridiculous when Sony get's beaten on their terms, they turn around like spoiled little brats and throw their money and legal suits around. Though, I guess their terms would be to break the ps3 without a Sony jig in possession to be analyzed. All of this could've been avoided if Sony took Microsoft's cue on homebrew, and allowed indie developers to write code for the console and pay like a monthly or yearly subscription cost. 'Course I don't know how one could write a legal-backup player, since the original disc is lost, it would need to somehow know it's a legal backup.
08-27-2010
05:18 PM
The International Court is for crimes against humanity, not copyright infringement lol. US isn't a member either.
The legality of this product will have to be decided by the courts of each country, there is no such thing as an international court except for extraordinary crimes such as genocide etc.
08-28-2010
12:54 AM
The tie-in to all this is, none of those were really crimes against humanity. Maybe none of what I wrote really applies, I dunno... I do know what you're talking about though, and yeah there are infact certain international courts that do infact deal with crimes against humanity, but I would imagine the courts or organizations that deal with things like dumping and software piracy (the China example) would be the ones getting involved. Should they; that is.
EDIT: I was going to mention earlier in my post about the possibility of the UN getting involved, but then I realized I probably had that wrong, so I left it out. I went to check though just to make sure, and sure enough there does seem to be highly departmentalized sections of the UN that deal with International Law and Trade. the International Court of Justice comes to mind, but some of that stuff is so vague about what it actually handles it's hard to tell.
08-28-2010
02:51 AM
http://www.ozmodchips.com/ps-jailbre...play-p-68.html
looks like the big boys at Sony wont be testing them just yet until the rest of us have them!
08-30-2010
07:41 PM