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News - Written by Renai LeMay 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.
Latest Delimiter 2.0 articles (subscriber content)
|It’s hard to imagine how things could have gone worse for Malcolm Turnbull in his first three months as Communications Minister. With the public rapidly turning on the Earl of Wentworth over his horribly unpopular new NBN policy, a growing perception that he’s stacking NBN Co with partisan staff and a lack of transparency verging on the hypocritical, it’s hard to find positives for the Earl of Wentworth from his initial period in office. Turnbull is truly fumbling the catch on both political and functional levels.|
|Politicians from Australia’s major parties need to stop issuing ludicrous blanket pardons for the intelligence community’s ongoing misdemeanours and start applying a basic modicum of transparency and accountability to this important national security function.|
|The independent pro-fibre National Broadband Network movement is doing a far better job of promoting Labor’s Fibre to the Premises-based NBN policy than Labor itself. When is Labor going to wake from its slumber and start supporting this scrappy but energetic grassroots network of activists?|
|Ziggy Switkowski's first substantial public appearance since being appointed NBN Co chief executive has starkly demonstrated just how different he is from his predecessor, Mike Quigley, and just how strictly he will adhere to the guidelines which his patron, Communications Minister Malcolm Turnbull, has set for him.|
|Australian technology companies have been virtually absent from the the nation’s public stockmarket over the past decade as the stigma of the dot com bust took its toll on investor confidence. But a clutch of new listings planned for the closing months of 2013 shows renewed interest in the sector and that local entrepreneurs are smelling money in the air once again.|
|NBN Co’s Strategic Review process gives the company an unmissable opportunity to re-evaluate the early decision to deploy its FTTP network primarily through Telstra’s underground ducts. The company and its new Coalition masters must now seriously consider deploying more fibre aerially on power poles in an effort to speed up its rollout substantially.|
|That moment which many Australian technologists fervently hoped for but never expected to see has come to pass: Simon Hackett has been appointed to the board of the National Broadband Network Company. But what questions should the Internode founder be asking NBN Co’s executive management team? Here’s five ideas to start with.|
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