• Enjoy the freedom to innovate and grow your business

    [ad] With Microsoft Azure you have hybrid cloud flexibility, allowing your platform to span your cloud and on premise data centre. Learn more at microsoftcloud.com.

  • IT Admin: No Time to Save Time?

    [ad] Do you spend too much time patching machines or cleaning up after virus attacks? With automation controlled from a central IT management console accessible anytime, anywhere – you can save time for bigger tasks. Try simple IT management from GFI Cloud and start saving time today!

  • Free Forrester analysis of CRM solutions

    [ad] In this 25 page report, independent analyst house Forrester evaluates 18 significant products in the customer relationship management space from a broad range of vendors, detailing its findings on how CRM suites measure up and plotting where they stand in relation to each other. Download it for free now.

  • Great articles on other sites
  • RSS Great articles on other sites

  • Reader giveaway: Google Nexus 5

    We’re big fans of Google’s Nexus line-up in general at Delimiter towers. Nexus 4, Nexus 7, Nexus 10 … we love pretty much anything Nexus. Because of this we've kicked off a new competition to give away one of Google’s new Nexus 5 smartphones to a lucky reader. Click here to enter.

  • News - Written by on Monday, September 6, 2010 12:15 - 6 Comments

    Court extends ban on PS3 modchip sales

    Australia’s Federal Court has extended a ban on a handful of local retailers selling or importing hardware — commonly known as ‘mod chips’ — that allows unauthorised software to run on Sony’s PlayStation 3.

    The court in late August had initiated the ban — with a temporary cessation date of 31 August — while court action initiated by Sony Computer Entertainment’s Australian and European arms against three local retailers goes ahead. The action stemmed from the retailers’ importation and advertisement for sale of the PS Jailbreak device — a USB key which defeats Sony’s protection on the PlayStation 3.

    According to court documents filed late last week, the Australian retailers banned from selling the device are OzModChips and an individual who appears to be involved with the business — Ryan Caruana, Global Solutions International (trading as Quantronics) and Ken Tolcher (trading as Mod Supplier).

    However, after further court action last week, Justice Dodds-Streeton, according to court documents posted online, extended the ban indefinitely. It is believed the ban may apply to other retailers not named in the suit — due to the use of the ‘Jane Doe’ and ‘John Doe’ terminology — may also be prohibited from selling the mod chip until the case is resolved.

    The retailers are prohibited from importing the PS Jailbreak device, according to Dodds-Streeton’s order, distributing it, offering it to the public, providing it to another person, or otherwise dealing in the device.

    Furthermore, the retailers have been ordered to give what stock they have of the modchip — or what stock may arrive as a result of prior orders — to Sony, who will hold the devices until further court order.

    As of today, OzModChips.com is still advertising the product (although the site has a “sold out” logo on it. But it does not appear that the other two retailers have the device listed any more. Delimiter has been unable to contact any of the retailers for further information on the matter.

    According to a lawyer who defended a client against Nintendo in a similar case earlier this year, the Sony case could be just the first of many gaming giant-initiated cases in Australia on the issue of mod chips.

    “If history is anything to go by, I envisage many more cases to be settled in favour of the gaming giants before a court is given a proper chance to consider and decide on these highly contentious matters,” said Berrigan Doube director John Cheng last week. “It will take an extraordinary person to really take the fight to the gaming console companies due to the significant resources required and the personal risks attached to defending the allegations raised against them.”

    But one of the defendants, OzModChips, has vowed to fight the case, in a public statement that has since been removed from its website.

    Image credit: włodi, Creative Commons

    submit to reddit


    You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

    1. Rob
      Posted 06/09/2010 at 12:49 pm | Permalink |

      Why will it take an “extraordinary person”?

      Does our system of justice not offer everyone equality before the law? Or, is the only justice we get, that which we can afford?

      It really sucks that huge corporatiopns can steamroll the little people.

      In practical terms, where is the justice…???

      • Posted 06/09/2010 at 9:03 pm | Permalink |

        It’s essentially a terrific gamble. If you throw down a wad of cash for a great law firm to represent you, you can take on Sony. Then if you win, you get all your money back and probably then some. If you lose, you don’t just pay your own legal costs, you probably pay Sony’s and then some.

        It’s like playing high stakes poker … with your mortgage ;)

    2. Tobias
      Posted 06/09/2010 at 4:57 pm | Permalink |

      Will be very unfortunate if the court continues to suport Sony. Australians already pay a far higher retail price for video games than other countries such as the United States, and frequently get games up to a year late, if at all. A victory against modchips would be a huge defeat for Australians that want to retain the freedom to import games and other media.

      • Posted 06/09/2010 at 9:04 pm | Permalink |

        The thing that I don’t quite understand is I thought we already had this victory in the High Court against Sony … did some politician go and make a law that made it redundant? ;)

    3. Posted 06/09/2010 at 7:53 pm | Permalink |

      Sure, everyone is equal under the law, so long as you can afford the top-notch barristers to get the justice you require. Sony and Nintendo have virtually unlimited financial resources to throw at barristers and solicitors. Smaller companies cannot afford it.

      Let me give you an example from first hand experience on trying to run an intellectual property claim case. To get a single deposition, have the QC and junior Barrister find the attack vector in the copyright and contracts law and our solicitors working with them providing background, it cost over $125k for ONE MONTH and that was just to file an injunction with the Supreme Court of NSW. It never even got that far as the other side buckled when their two week defense bill hit $100k and an out of court agreement was reached. By the time contract amendments were made, that month saw both companies spend combined spend over $250k and not spend a day in court.

      We were told in that case, which was two smallish companies to prepare to spend $5m over three years if we wanted to fight it out. Not to mention, if you lose you’ll probably get touched up for costs (not all but some). So now budget for $8m because you don’t know the outcome – no matter how clear the copyright law is, the judges on the benches are predominantly old men who have no idea about technology so you can’t even begin to guess how they’ll rule. That was told to me by the best IP QC in the country.

      In a case like this, Sony or Nintendo could easily drop $10-12m over three years and not even blink – what about OzModChips? So unless some white knight barrister steps up to work the case for free as a challenge, good luck.

      Here’s a good PDF on gaming copyright: http://www.copyright.org.au/pdf/acc/infosheets_pdf/g016.pdf

      • Posted 06/09/2010 at 9:06 pm | Permalink |

        Jesus Christ. Someone had better call Dick Smith to step in.

    Get our 'Best of the Week' newsletter on Fridays

    Just the most important stories, one email a week.

    Email address:

  • Most Popular Content

  • Six smart secrets for nurturing customer relationships
    [ad] Today, we are experiencing a world where behind every app, every device, and every connection, is a customer. Your customers will demand you to be where they and managing customer relationship is the key to your business’s growth. The question is where do you start? Click here to download six free whitepapers to help you connect with your customers in a whole new way.
  • Enterprise IT stories

    • NetSuite in whole of business TurboSmart deal turbosmart

      Business-focused software as a service giant NetSuite has unveiled yet another win with a mid-sized Australian company, revealing a deal with automotive performance products manufacturer Turbosmart that has seen the company deploy a comprehensive suite of NetSuite products across its business.

    • WA Health told: Hire a goddamn CIO already doctor

      A state parliamentary committee has told Western Australia’s Department of Health to end four years of acting appointments and hire a permanent CIO, in the wake of news that the lack of such an executive role in the department contributed directly to the fiasco at the state’s new Fiona Stanley Hospital, much of which has revolved around poorly delivered IT systems.

    • Former whole of Qld Govt CIO Grant resigns petergrant

      High-flying IT executive Peter Grant has left his senior position in the Queensland State Government, a year after the state demoted him from the whole of government chief information officer role he had held for the second time.

    • Hills dumped $18m ERP/CRM rollout for Salesforce.com hills

      According to a blog post published by Salesforce.com today, one of Ted Pretty’s first moves upon taking up managing director role at iconic Australian brand Hills in 2012 was to halt an expensive traditional business software project and call Salesforce.com instead.

    • Dropbox opens Sydney office koalabox

      Cloud computing storage player Dropbox has announced it is opening an office in Sydney, as competition in the local enterprise cloud storage market accelerates.

    • Heartbleed, internal outages: CBA’s horror 24 hours commbankatm

      The Commonwealth Bank’s IT division has suffered something of a nightmare 24 hours, with a catastrophic internal IT outage taking down multiple systems and resulting in physical branches being offline, and the bank separately suffering public opprobrium stemming from contradictory statements it made with respect to potential vulnerabilities stemming from the Heartbleed OpenSSL bug.

    • Android in the enterprise: Three Aussie examples from Samsung androidapple

      Forget iOS and Windows. Today we present three decently sized deployments of Android in the Australian market on Samsung’s hardware, which the Korean vendor has dug up from its archives over the past several years for us after a little prompting :)

    • Businesslink cancelled Office 365 rollout cancelled

      Microsoft has been on a bit of a tear recently in Australia with its cloud-based Office 365 platform, signing up major customers such as the Queensland Government, Qantas, V8 Supercars and rental chain Mr Rental. And it’s not hard to see why, with the platform’s hybrid cloud/traditional deployment model giving customers substantial options. However, as iTNews reported last week, it hasn’t been all plain sailing for Redmond in this arena.

    • Qld Govt inks $26.5m deal for Office 365 walker

      The Queensland State Government yesterday announced it had signed a $26.5 million deal with Microsoft which will gain the state access to Microsoft’s Office 365 software and services platform. However, with the deal not covering operating system licences and not being mandatory for departments and agencies, it remains unclear what its impact will be.

    • Hospital IT booking system ‘putting lives at risk’ doctor

      A new IT booking platform at the Austin Hospital and Olivia Newton-John Cancer and Wellness Centre in Melbourne is reportedly placing the welfare of patients with serious conditions at risk.

  • Enterprise IT, News - Apr 17, 2014 16:39 - 0 Comments

    NetSuite in whole of business TurboSmart deal

    More In Enterprise IT

    News, Telecommunications - Apr 17, 2014 11:01 - 131 Comments

    Turnbull lies on NBN to Triple J listeners

    More In Telecommunications

    Featured, Industry, News - Apr 17, 2014 9:28 - 1 Comment

    Campaign Monitor takes US$250m from US VC

    More In Industry

    Digital Rights, News - Apr 17, 2014 12:41 - 12 Comments

    Anti-piracy lobbyist enjoys cozy email chats with AGD Secretary

    More In Digital Rights