The day has come and it seems the injunction against PS Jailbreak has not been lifted, but continued until further notice, and that the distributor, China Sun Trading Limited must turn over all stock intended for suppliers in Australia.
Justice Dodds-Streeton has ordered that PS Jailbreak may not be imported, distributed to another person, offered to the public, provided for another person, or dealt in despite a free version of the PS3 hack already being made public.
Furthermore, in more shocking news, that the defendant's are ordered to contact the supplier, identified as China Sun Trading Limited of China, with the account number of 817-374473-838 at the HSBC Hong Kong bank branch and inform that any goods ordered be sent to Peter Chalk, and not the defendants.
Finally, it has been ordered that any more PS Jailbreak devices that are acquired by the defendants be handed over forthwith.
This, curiously does not mention other devices, like the Teensy or other devices which have a dual purpose use - so they could still be programmed and sold, as the documents only name "PSJailbreak".
OzModChips Tweeted the following comment about the decision:
"Sorry 4 the lack of updates, its been a long day. Bassically the injunction still stands but its not 100% over yet. Not allowed to say more"
PS3 hacker Mathieulh commented to BBC the following regarding the open-source PSGroove alternative, to quote:
"We want people to run the software they like on the system they paid for without it having to be licensed by Sony. We released it on the internet because we believe in openness, choice and innovation from everyone.
We understand (games console makers') point of view as well when it comes to protecting their income or business models, we just believe compromises could be made to keep everyone happy."
The entire text is below:
THE COURT ORDERS BY CONSENT BUT WITHOUT ADMISSIONS, THAT:
1. Upon the Applicants undertaking to the Court to:
(i)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
(ii)pay the compensation referred to in (a) to the person or persons there referred to.
1.2 ORDERS that, until further order, the First, Second, Third and 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 the Respondents (PSJailbreak Devices):
(i)importing them into Australia with the intention of providing them to another person;
(ii)distributing them to another person;
(iii)offering them to the public;
(iv)providing them to another person; and/or
(v)otherwise dealing in them.
save that it will not be a breach of Order 2(a) for the First or Second Respondent to import all and any PSJailbreak Devices in respect of which any orders were placed prior to 27 August 2010, provided that any such importation is subject to the undertaking in paragraph 5 below.
1.3 ORDERS that, the First, Second, Third and Fourth Respondents and each of them deliver up to the solicitors for the Applicants, to be held until further order, any and all PSJailbreak Devices in those Respondents' possession custody or control.
1.4 ORDERS that, until further order, the First, Second, Third and Fourth Respondents and each of them continue to deliver up to the solicitors for the Applicants, to be held until further order, any and all PSJailbreak Devices that come into those Respondents' possession custody or control (including the sample device referred to in paragraph 7 of the Affidavit of the Second Respondent affirmed on 2 September 2010), forthwith upon them doing so.
1.5 NOTES the undertaking to the Court given by the First and Second Respondents by their counsel:
(i)forthwith to notify the supplier of PSJailbreak Devices (identified as China Sun Trading Limited of China, being the beneficiary of account number 817-374473-838 at the HSBC Hong Kong branch, 1 Queen's Road Central, Hong Kong with SWIFT Address HSBCHKHHHKH) that any goods ordered by the First and Second Respondents are to be shipped to Blake Dawson to the attention of Peter Chalk at Level 26, 181 William Street, Melbourne, VIC, 3000 and not to the First or Second Respondents; and
(ii)to deliver up in accordance with Order 4 above to the solicitors for the Applicants any PSJailbreak Devices received.
1.6 NOTES the undertaking to the Court of Blake Dawson:
(i)to hold any such goods securely subject to any further order of the Court; and
(ii)promptly to notify the solicitors for Respondents of the receipt of any such goods and to supply copies of any documentation received with them.
1.7 RESERVES LIBERTY to the parties to apply on 24 hours' notice, including for the purpose of the First and Second Respondents giving notice on or after 9 September 2010 that they wish the matter to be relisted for the resumption of the Applicants' application for interlocutory relief.
I do want to point out (left out of the main post) that this is only a motion, but when the presiding judge grants a motion to take all stock (even from the supplier in China headed to AUS), and forbids the defendants from buying/selling/importing the units - your pretty much dead in the water!
Canada - means nothing, its an Australian court, however Canadian courts may use it as precedence against any cases filed in Canada. However, this case needs to end, and its only illegal essentially "for now", but it does not look good - at all!
I'm so glad that this doesn't matter at all for the people who want to pirate games. I feel sorry for the developers of the PSJailbreak though. I was planning on continuing to buy games so I could play them online, but after this I think I'll just pirate everything. Screw Sony.
I really doubt a Chinese company is going to send any psjailbreaks to Sony Australia. There has also been plenty of time for all the orders to be canceled which means no stock is intended to be shipped to Australia.
They really should have added some kind of region free support to this. That would have increased the chances of it being declared legal. Region free blu-ray movie support would be nice.