[Pirate]

Expected? Maybe, it seems that the court case that was supposed to happen ended up going in Sony's favor, simply because the "PSJailbreakers" including PS3KEY, PS3BREAK, PSJAILBREAK did not show up to court.



The following preliminary injunction was granted:

On October 5, 2010, the court granted a temporary restraining order against defendants and ordered them to show cause why a preliminary injunction should not issue and why the court should not issue an order of impoundment pursuant to 17 USC §1203(b)(2). Doc #33.

The court held a hearing on the order to show cause on October 12, 2010, and no defendant appeared.

For the reasons explained below, plaintiff Sony Computer Entertainment America?s (?SCEA?) motion for a preliminary injunction and order of impoundment is GRANTED. SCEA and defendants Tom Nooker, Bin Le Zhong, Alex Esquivel and Fai King Fong entered into stipulated preliminary injunctions. Doc ##38, 42, 45, 47. SCEA has not moved for injunctive relief against defendants Vlad Gazoune and HuanRan Lee. The defendants bound by the this preliminary injunction are: Thahn Nguyen, individually and doing business as USATechCity, Ltd (?USATechCity?) and Arthur Bates II, individually and doing business as PSP Pit Stop (?PSP Pit Stop?).

Having considered all the papers and arguments, the court finds that SCEA has established that it is likely to succeed on the merits of its claims for violation of the Digital Millennium Copyright Act and federal trademark law and that it will suffer irreparable harm unless defendants? violations are enjoined. The court additionally finds that the balance of equity and interests of justice support granting such relief. Furthermore, defendants failed to appear or otherwise show cause why a preliminary injunction and order of impoundment should not issue.

Accordingly, the court orders as follows:

1. Defendants and their officers, employees, attorneys and representatives, and all other persons or entities in privity or acting in concert or participation with defendants, are enjoined from selling, offering for sale, marketing, advertising, promoting, installing, distributing or otherwise trafficking in circumvention devices, including but not limited to any or all of the PS3 Jailbreak devices, any copies or versions of backup manager or any other hardware or software that bypasses technological copyright protection measures in SCEA?s PlayStation®3 computer entertainment system;

2. Defendants shall preserve all communications, including email communications, and other documents relating to their purchase, sale, receipt or distribution of circumvention devices, including but not limited to the PS3 Jailbreak devices, the backup manager or any other hardware or software that bypasses technological copyright protection measures in SCEA?s PlayStation®3 computer entertainment system, and defendants shall not delete, remove, transfer or in any way dispose of such communications and documents;

3. Pursuant to 17 USC § 1203(b)(2), all circumvention devices in defendants? possession, custody or control are ordered impounded, including any or all of the PS3 Jailbreak devices, any copies or versions of backup manager or any other hardware or software which bypasses technological copyright protection measures in SCEA?s PlayStation®3 computer entertainment system. Defendants shall immediately deliver the devices to SCEA?s attorneys at Townsend and Townsend and Crew LLP, Two Embarcadero Center, Eighth Floor, San Francisco, CA 94111 Attn: Timothy R Kahn, Esq;

4. The $5000 security posted to secure the temporary restraining order, Doc #36, shall suffice as security for this preliminary injunction;

5. Plaintiff shall serve defendants, defendants? resident agents or counsel with a copy of this order;

6. This order shall remain in effect until further order of the court.

[VIA PSX-Scene]

[soplox2]

In simple words this mean that...

[passat1900tdi13]

ya sony do u think anyone cares bot ur silly little court cases ,,,the hackers just gave them the two fingers !!! DELIGHTED!!!!:aetsch: :aetsch: :aetsch: :aetsch:

[Trojan_Man]

I followed ThePirateBay's court trial and and I enjoyed and respected the group's ability to face the situation. Though they technically lost, I still have a great deal of respect for the site admins who took responsibility.

Not gonna lie, I find this SCEA vs. PSJ trial really disappointing.

[im2pac4life]

Wow this is a shame. No one wanted to go toe to toe with Sony, this is going to give Sony the ego boost to go after everyone.

But wow can Sony go by the dmca in the USA when the jailbreak law had changed.

[SwordOfWar]

Attacking the PSJailbreak team won't stop the hundreds of clones popping up from many different countries and it won't stop the open source projects from being ported to everyday common devices, such as calculators, phones and USB development boards. You would have to ban pretty much every device with a USB port that is capable of running the exploit.

This court case is a waste of time and money for Sony. Only a small portion of the jailbroken userbase even uses the official PSJAILBREAK product, because it's overpriced.

[XMuzzlerX]

Fukin $ony man....

[tech3475]

Why should they show up when any compatible USB dev device can do the same thing.

PSJailbreak is a dead parrot as far as I am concerned.

I bet that if they were still the only device in town (so to speak) that they would have shown up.

They may also have not wanted to bother with the expense when they know they would have lost anyway (and I am sure that whoever is in charge of the courts there will have a new sponsor if funds are needed).

[Wolfie708]

Read item 1

Basically it puts a blanket ban on anything and anyone even using any form of JB tool or software as we are all in participation with the original defendants as anything and everything we use stemmed from the original JB.

This is legally going way past Sony against JB, it is starting to edge very close to removing rights of the individual to do as he wishes with his own property.

[kdma]

i guess that is time to buy a jailbreak device cause we wont see one for some time