Thread: Sony Responds To PS Jailbreak - Launches Court Case

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 "[email protected]"; 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 "[email protected]".
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.

Source

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.

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