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  1. #1
    APetePerson
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    PsJailbreak wins lawsuit against sony... in spain

    I ran this website through a translator, so it may read a little funny
    In Spain there was a precedent because any PSJailbreak product is legal for sales and advertising.

    According to court No 8 Mercantil de Barcelona, on 07 December two thousand and ten, was officially PS legalization of Jailbreak in any store in Spain, too, that Sony will have to pay all the costs to the stores selling this product.

    With the departure of PSJailbreak, Sony tried everything possible to prevent the sale in Spain of products that create the bootable Playstation 3 video games downloaded over the Internet or using backups for loading the games, following complaints produced by Sony, shops that were affected did not hesitate to attack Sony resorting to lawsuits.

    As a conclusion all the devices that were previously illegal and can upload copies of video games has been legal in Spain.

    One of the reasons that the trial was based on is that legalizing PSJailbreak SONY remove the GNU / Linux where you claim Sony which sells a console with a number of features that were later removed, also talks about the user can do whatever you want with your console purchased allowing you to enter including the "guts" of the console with full right and one's Playstation 3 is not only used exclusively to play original games from Sony.

    in the end, SONY lost a very important trial for them, to combat piracy, now must pay the damages that have occurred precautionary measures to shops hurt by Sony's legal action.

    What do you think, will not be that Sony had the upper hand in this trial?
    source: http://www.nicagamerz.com/v6/news/71...ene-que-pagar/
    Last edited by Cuguy; 12-15-2010 at 21:41.

  2. #2
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    Damn translators. I haven't really followed the whole jailbreak thing, truth be told.


  3. #3
    gameplaya96
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    Ironic that Sony's lazy disregard for its own customers, shown with the removal of OtherOS, gave a reason to legitmise a product which will screw Sony ten times harder. Karma's a *****.



    Still, I don't reckon it should be legal to sell a product in part designed to circumvent another company's copyright protection and I don't see most countries following Spain's precedent.

  4. #4
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    Removed the double texting issue in the OP.
    LMAO

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    Quote Originally Posted by gameplaya96 View Post
    Ironic that Sony's lazy disregard for its own customers, shown with the removal of OtherOS, gave a reason to legitmise a product which will screw Sony ten times harder. Karma's a *****.
    PsJailbreak had nothing at all to do with the removal of the otherOS feature.
    So far the only reason anyone would use a PsJailbreak is to use illegal copies of games.
    Approving the sale of items which sole purpose is to commit an illegal activity is the most backwards thing i have ever heard.
    I know alot of people will say that the PsJailbreak will allow coders to come out with apps to show what the PS3 can do BUT we all know that is a load of rubbish and these guys only do it so that they don't have to pay for anything.

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    Quote Originally Posted by woodsy85 View Post
    PsJailbreak had nothing at all to do with the removal of the otherOS feature.
    So far the only reason anyone would use a PsJailbreak is to use illegal copies of games.
    Approving the sale of items which sole purpose is to commit an illegal activity is the most backwards thing i have ever heard.
    I know alot of people will say that the PsJailbreak will allow coders to come out with apps to show what the PS3 can do BUT we all know that is a load of rubbish and these guys only do it so that they don't have to pay for anything.
    I don't totally agree with that. If hackers can find a way to bring back Linux and make games/PSN work from inside of linux that would be cool. Something similar was done on the original Xbox.


  7. #7
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    Eh...I'm on the fence on this one....I do think you should be able to back up your stuff......at the same time however there are TONS of pirates out there that are not backing up. They are stealing, and that certainly doesn't help other consumers and businesses.


    I don't really need a water cooler/remote control as of right now.

  8. #8
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    Quote Originally Posted by woodsy85 View Post
    PsJailbreak had nothing at all to do with the removal of the otherOS feature.
    So far the only reason anyone would use a PsJailbreak is to use illegal copies of games.
    Approving the sale of items which sole purpose is to commit an illegal activity is the most backwards thing i have ever heard.
    I know alot of people will say that the PsJailbreak will allow coders to come out with apps to show what the PS3 can do BUT we all know that is a load of rubbish and these guys only do it so that they don't have to pay for anything.
    while the article is rather confusing due to translation... I thought it was saying the reason the spanish court denied Sony rights is because of their decision to remove the OtherOS feature?

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    Quote Originally Posted by Tyrien View Post
    while the article is rather confusing due to translation... I thought it was saying the reason the spanish court denied Sony rights is because of their decision to remove the OtherOS feature?
    That would be fascinating because PSjailbreak didn't do that. And I am sure the downgrader was not out by the time this court case started.
    Even as such since users own the hardware but only "license" the software they still shouldn't be in the right to deal with this. I wonder if Sony will simply stop shipping PS3's to spain.

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    Quote Originally Posted by Staticneuron View Post
    That would be fascinating because PSjailbreak didn't do that. And I am sure the downgrader was not out by the time this court case started.
    Even as such since users own the hardware but only "license" the software they still shouldn't be in the right to deal with this. I wonder if Sony will simply stop shipping PS3's to spain.
    They could always import.
    I will say what needs to be said and take whatever consequences that carries.

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    Quote Originally Posted by edward_moffet View Post
    They could always import.
    Sony's removal from spanish retail would still have a large impact on their gaming business' economy. Likely this would force the courts to rethink their position.

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    Quote Originally Posted by Tyrien View Post
    Sony's removal from spanish retail would still have a large impact on their gaming business' economy. Likely this would force the courts to rethink their position.
    You think so? I just put that idea out because I would imagine it would save Sony money and they would only watch and worry about software sales. I don't think the courts care about the gaming industries state of affairs.

  13. #13
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    If sony is making money on each console sold, wouldn't their situation situation in spain be beneficial in a way? I would imagine more people will be interested in purchasing the system if they can get games already loaded onto it.

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    *reads the actual source* http://www.bufetalmeida.com/612/psjailbreak.html
    interlocutory injunction granted in favor of Sony?

    I'll admit my spanish isnt the best, but that's what I'm seeing here. Anyone here who can speak spanish?

  15. #15
    gameplaya96
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    Quote Originally Posted by woodsy85 View Post
    PsJailbreak had nothing at all to do with the removal of the otherOS feature.
    So far the only reason anyone would use a PsJailbreak is to use illegal copies of games.
    Approving the sale of items which sole purpose is to commit an illegal activity is the most backwards thing i have ever heard.
    I know alot of people will say that the PsJailbreak will allow coders to come out with apps to show what the PS3 can do BUT we all know that is a load of rubbish and these guys only do it so that they don't have to pay for anything.
    Pay attention at the back.



    Nobody has said PSJailbreak had anything to do with OtherOS' removal, it's PSJailbreak's potential to bring back OtherOS which has shown it NOT to have the sole purpose of enabling piracy. Had Sony left in OtherOS and actually bothered to design it properly or subsequently fix any security issues it caused, there would be no legitimate use for PSJailbreak and it may not have been declared legal by this court. Sony made that bed themselves.

  16. #16
    bachlab99
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    Quote Originally Posted by gameplaya96 View Post
    Pay attention at the back.



    Nobody has said PSJailbreak had anything to do with OtherOS' removal, it's PSJailbreak's potential to bring back OtherOS which has shown it NOT to have the sole purpose of enabling piracy. Had Sony left in OtherOS and actually bothered to design it properly or subsequently fix any security issues it caused, there would be no legitimate use for PSJailbreak and it may not have been declared legal by this court. Sony made that bed themselves.
    That is a very embarrassing turn of events.

  17. #17
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    If Apple could not ban the Jailbreak then Sony should not even bother.

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    Quote Originally Posted by woodsy85 View Post
    PsJailbreak had nothing at all to do with the removal of the otherOS feature.
    So far the only reason anyone would use a PsJailbreak is to use illegal copies of games.
    Approving the sale of items which sole purpose is to commit an illegal activity is the most backwards thing i have ever heard.
    I know alot of people will say that the PsJailbreak will allow coders to come out with apps to show what the PS3 can do BUT we all know that is a load of rubbish and these guys only do it so that they don't have to pay for anything.
    First, you're completely wrong here. There are a LOT of homebrew apps, etc., already being released and updated regularly for use with a jailbroken PS3. Second, people like me, who have a jailbroken PS3, also buys all their games legitimately.
    Quote Originally Posted by Tyrien View Post
    Sony's removal from spanish retail would still have a large impact on their gaming business' economy. Likely this would force the courts to rethink their position.
    Likely, that would only be up to Sony, and any business decisions they make based on a court decision shouldn't affect the way the court renders their decisions.




  19. #19
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    Quote Originally Posted by F34R View Post
    First, you're completely wrong here. There are a LOT of homebrew apps, etc., already being released and updated regularly for use with a jailbroken PS3. Second, people like me, who have a jailbroken PS3, also buys all their games legitimately.

    Likely, that would only be up to Sony, and any business decisions they make based on a court decision shouldn't affect the way the court renders their decisions.
    I gree that there are people with legitimate reasons for wanting a jailbroken system, how ever, that doesn't change the fact that the majority of the people who want this, are in to get free games. It is unfortunate that, some can ruin it for all.


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    So I just read it in Spanish and it says that one reason was the system originally had the Linux functionality that was removed, and the second reason was that people who buy the console have the right to do whatever they want with it, dwelling into the inner workings of the system and not just using it to exclusively play ps3 games.

    Not a perfect translation but I hope it clarifies a bit.

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    Quote Originally Posted by F34R View Post
    First, you're completely wrong here. There are a LOT of homebrew apps, etc., already being released and updated regularly for use with a jailbroken PS3. Second, people like me, who have a jailbroken PS3, also buys all their games legitimately.

    Likely, that would only be up to Sony, and any business decisions they make based on a court decision shouldn't affect the way the court renders their decisions.
    Lol Fear, you and I have had some disagreements sometimes but one thing we can both agree on, you can have you ENTIRE life recorded, every second of every day, you can have receipts of your games on ALL of them and regardless of everything you show and all your evidence, the second you say you have a jailbroken PS3, the first and only response you'll get is "PIRATE!!!!!"
    if I am in the PS3 or 360 section I will NOT post about the competitor just to please people, if you want to know what I think about the competitor link me to a thread in the appropriate section

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    meh who cares. its been jail-broken and imo an who jail-broke theirs did it for a reason. to do illegal stuff. and if your telling me your not... you will eventually. mark my words.
    i'm just waiting a little more until they upgrade the jailbreak and there's like 1000% certainty that sony wont pull an xbox stunt on us

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    Quote Originally Posted by Agriel View Post
    I gree that there are people with legitimate reasons for wanting a jailbroken system, how ever, that doesn't change the fact that the majority of the people who want this, are in to get free games. It is unfortunate that, some can ruin it for all.
    Oh, I agree with that. There will certainly be a lot of people using it for illegal reasons; if a majority. That wasn't my point though. We have a poster saying that piracy, or other illegal actions, is the ONLY reason someone would want to jailbreak their PS3, which is completely wrong and obtuse of someone to say.




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    Could Sony in theory replace OtherOS and then take it back to court and argue the tool is only now suitable for 'piracy'?

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    Quote Originally Posted by Crazifanboi View Post
    If sony is making money on each console sold, wouldn't their situation situation in spain be beneficial in a way? I would imagine more people will be interested in purchasing the system if they can get games already loaded onto it.
    Most of the money is made by software sales not hardware sales. If you buy the console then never buy a game for it, then it hurts thier numbers in the end.

    Quote Originally Posted by Lethal_NFS View Post
    If Apple could not ban the Jailbreak then Sony should not even bother.

    Different situation entirely. That is the reason using the term "jailbreak" for PS3 is wrong.

    The Iphone can be sold without a contract. There is no real reason you should be forced into a specific service after you purchase the device sans contract. The "jail" means the sole purpose you would use the "phone" for, has an artificial restriction on it and it is not in writing, and is not tied to the other third pary upon purchase.

    PSjailbreak on the other hand, alters the native OS... period. It isn't the down grader and it doesn't allow you to install linux on the PS3. It is simple software perversion with no real justification. Also unlike the iphone, there is specific wording in TOS and EULA reguarding tampering with the OS and native functions of the device. It is even worse if the jailbreak contains sony proprietary code in the device.

    Quote Originally Posted by *goo View Post
    Could Sony in theory replace OtherOS and then take it back to court and argue the tool is only now suitable for 'piracy'?
    I highly doubt Sony is going to replace otheros.

    You should be able to do whatever you want with the hardware. But there is a point in time where freedom of using the device and breaking IP protections come at a pass. And this is it. If the device allowed someone to change the native OS in its entirety I can see how this could fly. But for Spain to say that they could do this on the whim actually has wider implications for all companies selling their IP in that country.
    Last edited by Staticneuron; 12-16-2010 at 22:19.

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