PS4 News on Facebook! PS4 News on Twitter! PS4 News on YouTube! PS4 News RSS Feed!

Home PS4 News - Latest PlayStation 4 and PS3 News

242w ago - Update: garyopa now reports 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."

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

Follow us on Twitter, Facebook and drop by the PS3 Hacks and PS3 CFW forums for the latest PlayStation 3 scene and PS4 Hacks & JailBreak updates with PlayStation 4 homebrew PS4 Downloads.




#62 - piisexactly3 - 232w ago
piisexactly3's Avatar
Quote Originally Posted by TheDevil View Post
I still recall the sad local case of MCDonald vs MCAllen. As you may have guessed poor little MCAllen had a tiny sausage stand where he sold a few 100 sausages each day. MCDonald sued him for using the "MC". MCAllen won of cause.


I know nothing about this specific example but I'm guessing McAllen weren't using the 'Mc' to implicitly leech off the success of McDonalds, hence why they would have one.

I'm tipping Sony wouldn't care less if someone released a toaster (or anything else completely unrelated) modelled "PS3", the difference here is that these products specifically, and undeniably, refer to Sony's trademarked product. People are exploiting Sony's IP for their own benefit and should be stopped.

If that affects people's ability to leech everything they can to meet their overinflated sense of entitlement then all the better.

#61 - mcarteaux - 232w ago
mcarteaux's Avatar
Quote Originally Posted by TheDevil View Post
Last i check i owned my 92E and i understand that Sony dont like me hitting it with a hammer (or a JB dongle) but since i own it .. isn't it my choice if i want or not? I wonder when Sony starts suing people who sell hammers.

Sure you own it, but you don't own the software inside it. You're granted a copy of it, to use as long as they'd like you to. They can brick every ps3 right now and not lose a court case over it. Did you read your EULA?

tbh, someone should sue sony and make them revise their eula like the government did with credit card companies' tos.

#60 - TheDevil - 233w ago
TheDevil's Avatar
Thankfully the law does work in some parts of the world. I still recall the sad local case of MCDonald vs MCAllen. As you may have guessed poor little MCAllen had a tiny sausage stand where he sold a few 100 sausages each day. MCDonald sued him for using the "MC". MCAllen won of cause.

Anyways, the point is that large companies sues everyone by default.. small or large it dosnt matter to them. The main thing with sueing is also to "stop & desist" anyone else as long as possible. Poor MCAllen couldn't sell anything for months. Only thing MCDonald won from this was a nationwide bad rep.

I totally understand that Sony wants so keep there trademarks safe. Of cause we all know that this current case isn't about trademarks at all but is just their way to stop JB and the rest as long as possible.

Should 2ony win this because its a tool that could be use with the 92E then i would be VERY surprised. It would be like a big car company winning a case over someone selling car-tires because the tires MIGHT fit their car.

Last i check i owned my 92E and i understand that Sony don't like me hitting it with a hammer (or a JB dongle) but since i own it .. isn't it my choice if i want or not? I wonder when Sony starts suing people who sell hammers.

#59 - PS4 News - 233w ago
PS4 News's Avatar
Another update from garyopa for those following the court battle: http://psx-scene.com/forums/615936-post1.html
On the eve of everyone screaming about the new v3.55 Firmware update, killing off the Downgrading PS3 consoles.

Sony has also been busy with new paperwork in a court room today, and have re-opened their case against the Jailbreakers in the United States.

Lucky, for everyone it is almost XMAS season, so the next big court date will be February 24, 2011 at 10:00 a.m. in front of Honorable Richard Seeborg which will now also take place in the Golden Gate city of San Francisco.

In the meantime SCEA is busy filing court papers and most likely new printouts from all the forum sites and other sites that have appeared in the last month with the outbreak of all these new fancy dongles and downgrades.

So it seems tonight, Sony is not happy with just releasing a v3.55 update, it looks like they plan a new court battle also, and we here at PSX-SCENE will keep you updated as SCEA starts filing their paperwork thruout the XMAS holidays.

Sony becomes the new Scrooge in our holiday books this year!

#58 - PS4 News - 240w ago
PS4 News's Avatar
Another update for anyone curious: http://psx-scene.com/forums/555324-post1.html
On Oct. 12, 2010 in the court room in front of the Honorable Judge Vaughn R Walker, the Show Cause court case between SCEA and the so far named PSJailbreak resellers, the were selling the original PSJailbreak, PS3BREAK and PS3KEY on varous online websites including Ebay occured.

The end result, was just as pictured above, an Empty Court Room, the Big Showdown turned into the Big NO-Show, as a result the Judge had no reason not to grant what Sony was asking for and as a result of the empty room with no defendants, SCEA was granted the following Preliminary Injunction:

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.

That's All Folks! --- Case Closed for now!

#57 - PS4 News - 241w ago
PS4 News's Avatar
Today garyopa has shared another update and some more court documents for those following: http://psx-scene.com/forums/550538-post1.html
These files just basically state only THREE of the NINE previously named defendants, Tom Nooker an Ebay seller, Bin Le Zhong of ps3breakonline, and Fai King Fong of getps3break, that have gotten lawyers so far to try to defend themselves against the powerful SCEA MIB team.

As for the rest of SIX remaining previously named and served defendants, no files have appeared for them, maybe on Monday those files will appear before the actual first court date on Tuesday, October 12th, 2010.

And Sony also has filed a number of Exhibits these basically just are proof that the devices that hired SCEA agents had personally ordered themselves have infact appeared into their cool slimy hands, and been confirmed to be as-advertised "pirate device" that Sony wants to be taken away from all the PS3 console owners out there in America land.

#56 - PSPSwampy - 242w ago
PSPSwampy's Avatar
If only I were in the states - I might consider going to 450 Golden Gate Avenue, San Fancisco on Oct 12th at 10am to mount a protest.

That's a hint for all you yanks in the San Fran area

Take down the evil sony empire!

#55 - PS4 News - 242w ago
PS4 News's Avatar
Here is another update from garyopa: http://psx-scene.com/forums/showpost.php?p=545881&postcount=1
SCEA granted an TEMPORARY RESTRAINING ORDER!

In our on-going exclusive in-depth coverage of SCEA's court-room battle with the PSJAILBREAK'ers, we have got another new court document, this one is signed order by Judge WILLIAM H ALSUP granting SCEA a Temporary Restraining Order against the named Defendants along with of course the currently un-named John Does #10 thru 100!

The order basically states the following:
[quote]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 immediately temporarily restrained 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 that defendants shall not delete, remove, transfer or in any way dispose of such communications and documents;

3. This order shall be binding upon the parties to this action and all other persons or entities who receive actual notice of this order by personal service or otherwise;

4. This order will be effective upon plaintiff's posting of $5000 security with the court pursuant to FRCP 65(c);

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

6. This order shall remain in effect until the date the hearing on the order to show cause set forth below or until such further dates as set by the court or stipulated to by the parties.

This order covers the currently named defendants:
VLAD GAZOUNE doing business as ZOOMBA LDC; SHOPPSJAILBREAK.COM
THAHN NGUYGEN doing business as USATECHCITY, LTD
ARTHUR BATES II doing business as PSP PIT STOP
TOM NOOKER doing business as BUYPS3JAILBREAK.WEBS.COM
ALEX ESQUIVEL doing business as NDSGAMER
BIN LE ZHONG aka BEN LEE doing business as PS3BREAKONLINE.COM
FAI KING FONG doing business as PS3BREAKONLINE.COM
HUANRAN LEE doing business as GETPS3BREAK.COM
and currently unnamed JOHN DOES #10 through #100!

The above people have until October 8, 2010 at 12 PM PDT to file a written reply to this court order in defense, and then SCEA has until October 12, 2010 at 9 AM PDT to file an update to their defense.

The big showdown starts in front of Judge Vaughn R Walker for a hearing on the order to show cause on October 12, 2010 at 10 AM in Courtroom 6, 17th Floor, 450 Golden Gate Avenue, San Francisco CA 94102.[/quote]

#54 - zadow30 - 242w ago
zadow30's Avatar
Well i would think, its game over for sony on jailbreak matter. They could have luck closing down sites/webshops in the US. But there are allready jailbreak clones from China, they wont get any luck with an law suit there. Even in Europe where i live, its legal to sell jailbreak usb.

Game Over Sony.

#53 - heartagram62 - 242w ago
heartagram62's Avatar
Quote Originally Posted by GrandpaHomer View Post
Yeah... ok. And... how many of those using the "computer" have the Cell processor in it of the same calibre as PS3 and most of all - how much did it cost, eh?

There is actually quite a lot people using this as an affordable dev environment for such hardware and they simply can't use "regular" PC or MAC for that. So next time don't be so quick on telling people what they should do.


I think you will find this is mearly my opinion, it is not what I am telling people to do! If they feel the need to use the console for other things then so be it. We all know the hackers will win in the end, they always do.