October 15, 2010 // 5:24 pm
- As Heise Newsticker reports, German customs has seized shipments of PS3 Break USB sticks yesterday that where on their way from Hong Kong to Germany.
Instead of receiving the PS3 Break, customers received a letter from Sony to either sign a contract to agree the destruction of the shipment and not to import or use any PlayStation 3 JailBreak devices or risk to get sued.
To quote, roughly translated: "The copy protection system of the Sony game console Playstation 3 (PS3) in older firmware versions has been undermined, offer various online stores to specific USB flash drives to copy-protected games to the hard disk and copy the console which can start with.
But German PS3 owners who had such a Stick orders received from abroad in recent days received a letter from Sony's lawyers: A call for caution, including a cease and desist letter.
The customs had become aware of shipments of USB adapters from Hong Kong, after their opening drives with the right-unique name "PS3 Break" came to light.
The customs holds it back, first, because in Germany to the importation of devices which are suitable for one, have copy protection, is allowed to bypass other things.
Sony's lawyers are now demanding from the order that they agree to a destruction of the sticks and all claims for restitution of the goods at customs firmly hanging on Sony Computer Entertainment Europe resign.
In addition, the purchaser should undertake by cease and desist in future not to introduce or to use equipment that allow circumvention of copy protection or facilitate the PS3. Contravention Sony threatens a penalty of at least 5100 Euro.
Should the buyer refuse to sign the cease and desist letter, they risk, according to lawyer writing a legal process which could lead to an attached value of the claim of 50,000 legal costs € 2500-4500 € for themselves. If the buyer to sign on time, however, he would adopt the Abmahnkosten.
The legal position for Sony. It would be extremely difficult to prove in court that a special USB controller stick called "PS3 Break" does not circumvent the copy protection was provided for the PS3, even if the necessary software libraries should be playing are still in first place.
In this respect, the buyer is fortunate that Sony makes them such an offer and accommodating to the Abmahnkosten initially waived. It is a legitimate warning shot across the bow, where the presumably sunk costs for the purchase price of the stick should be recorded as dues.
However, foreign retailers are expected to German customs will no longer make it as easy and label their products innocuous."