Federal Court halts PS3 mod chip sales
- 30 August, 2010 09:38
- Comments 7
The Federal Court of Australia has slapped a temporary 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 ban applies until 31 August while court action initiated by Sony Computer Entertainment’s Australian and European arms against three local retailers goes ahead. The the ban will be lifted if the gaming giant’s lawsuit is not successful.
According to court documents filed late last week, the four Australian retailers banned from selling the mod chips 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).
Furthermore, the court has required that the four parties actually hand over to Sony any PlayStation mod chips they have, until the 31 August date.
OzModChips has responded to the lawsuit in a mmessage posted on its site.
“This is not OzModChips versus Sony,” the response reads. “This is not OzModChips, Quantronics, Modsupplier versus Sony. We would go as far as saying that it is not even everyone in Australia versus Sony.
“This will affect everyone that plans to buy such a device worldwide. It already sets a dangerous precedent. Everyone that was using OtherOS, everyone that has had a faulty PS3 laser … and those interested in PS3 custom firmware and homebrew applications.
“We cannot do it alone, we need the support of everyone in the homebrew community, the media, engineers that understand the inner workings and anyone else that can provide support.”
OzModChips also linked to a forum posting which the company said was by Quantronics, responding to the temporary injunction slapped on the three retailers.
Quantronics wrote that the injunction was “baseless”, and it was very unlikely that it would be continued or become permanent. “OzModChips, Modsupplier and myself are all close friends, share lawyers and have sought senior counsel for this matter,” wrote Quantronics.
The retailer added that the trio started in the gaming industry as kids with an ideal of changing Australia’s views on copyright law, fair use and “freedom”. “To this day, we stand for the same beliefs, values and will at any cost fight for what we believe in, the rights we should have, and in a David versus Goliath battle, we will give it our best,” they said.
Comment is being sought from Sony Computer Entertainment.
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Comments
Anonymous
In my opinion the modchips ruin the whole PS3 unhackable console streak
DJ
If you buy a machine, what you do with it(within reason of course) is YOUR business. Same principle was just shot down with the I-Phone.
IMHO
gnome
Is this about more than just the PS3?
If Sony can get away with this, does that mean that overiding the zone locking on bluray and dvd players will be illegal?
Willow
In my opinion Sony doesn’t have a leg to stand on. Neither does the copyright industry.
What do they expect. I just arrived back home to Australia after being away for twenty years.
I have thousands of dollars worth of play station games and DVD mostly for my kids.
I brought a new PS3 and made the classic mistake of assuming that because I had all this legal software and Movies I would be able to use it.
I rang Sony to do the right thing and try and get a muti zone patch and they told me to either by the local versions of everything I own or get a Play Station from Europe. Right!
Before anyone says you should of thought of that before you brought the new PS3 let me point out the obvious. The content is legal. The device is legal. I’ve done nothing wrong. Quite the opposite in fact. There should be a mechanism in the law to cater for this situation. But alas it’s not about us is it.
So what do you think I’m going to be forced to do.
Deonast
A temporary ban is one thing, but to require them to hand over stock to Sony or their solicitors is another. If the court wants to ensure existing stock is not sold or used in the interim they should take custody of them, themselves not have the property of one party handed over to another party during an ongoing case. It just doesn't seem right.
Mick
They should tell Sony AND the effing courts to get rooted.
This is so wrong on so many levels.
Inertia
What about the hiring of games?
If you hire a movie you get to watch the whole movie without owning it or buying it.
But if I hire a game,you only get overnight and maybe a level or two.
Why not the whole game. Are we not getting what we paid for?
If I could put it on my PS3's HDD. Play it then delet it, that would make more sense.
How is that any different to recording a movie from TV for viewing at a later date when I don't plan on keeping or selling it.????
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