Sony Motions for Subpoenas Targeting PSJailbreak Devices, PSGroove Software

by Mike Bendel on September 28, 2010 @ 12:49 am


According to court documents obtained by garyopa  of website PSX-Scene, Sony has filed a slew of legal motions that implicate the well-publicized PSJailbreak device and related PS3 hacks such as PSGroove, PSFreedom, and OpenPSJailbreak.

The documents indicate that subpoenas have already been sent to domain name registry services and ISPs for websites involved in the sale and distribution of PSJailbreak devices, including “shoppsjailbreak.com” and “psjailbreak.com.”

Additionally, SCEA has filed a motion that requests permission to “serve similarly targeted subpoenas and depositions to any other third party who SCEA learns may be involved in the manufacture, distribution, or sale of the “PS Jailbreak” device.” This, according to the documents, includes open-source variants such as PSGroove, PSFreedom, and OpenPSJailbreak.

Similarly, a motion also contests that “SCEA has served DMCA “take down” notices to sites hosting this illicit software, but as yet has been unable to verify the identity of those behind its copying and distribution,” in reference to PSGroove and its variants.

A quick glance shows that several news sources were cited in the aforementioned court motions, including eXophase.com, CNet, BBC, and PCWorld. We’ll keep you posted on any breaking developments.

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Comments
yngmike says:

Uhm?

Sony this isn't a communist state. This sounds kind of like when the USSR made owning a modem a capital offense.

You can't make owning a rock, illegal because it can be used to break a window and steal stuff from a store. I'm sorry but if the judges allow this to happen they are crazy! It's a free country and we'll do what we want to.

Distribution of hardware with code not derived from Sonys' SDK is not illegal, regardless of its purpose! Hello?

Jourdy288 says:

I'm never buying from Sony. Ever.

TeamOverload says:

Circumventing copyright is illegal.

You're not buying from them because they want to protect their IPs. Guess you can't buy from Nintendo either: http://www.joystiq.com/2010/07/28/r4-and-other-nintendo-ds-flashcarts-outlawed-in-uk/

levone says:

This kinda stuff is why I'm being pushed away from consoles.

I am so tired of "locked" devices. If I buy some hardware, it mine. I should be able to do w/e I want without without even have to think of hacking it to do so..

That would be the reason I am done with consoles.

Handhelds are a different story however.. for obvious reasons.

I have a PS3, and it is the last console I will ever buy, from any company.

As far as Sony is concerned, I have no respect for there company anymore and will not by another product from them.

I don't disrespect them for protecting there IPs, I disrespect them for there immoral decisions on how they do it.

And I hate they way they handle there hardware.. Always downgrading from the original work.

IMO, Sony is a joke and I wish they would go bankrupt so the eyesore with perish.

Dan says:

You have no respect for them because they won't go down without a fight?

They should have let us pirate everything from the start ffs(!)

TeamOverload says:

When you purchase the device, you are in fact simply licensing the use of it. That's lame, I know, but it is a fact of life. Hence, they are able to change the software, remove features, do as they please. You agree to that, the second you pay for the product.

Handhelds are a different story because you can pirate? Support the companies why don't you. If everyone shared the same views as you, then you wouldn't have a system to play anything on. Companies tend to lose money on hardware, and make it up with software, especially early on in its life cycle when manufacturing costs are still quite high.

What immoral decision? They are trying to get a device that is going to be abused for piracy off the market to protect themselves. I think you need to further research morality before you throw that word out there.

EndymionDave says:

writhe and struggle if you will, nothing is ever going to stop this thing--ever. as if threatening websites, isps and online services would do any good. they tried stopping the original psjailbreak, and look what it did? it pushed it deep underground through self-help, do-it-yourself kits--which would make it more difficult to counteract. i could develop my own jailbreak kit and never have to advertise on the net ever. they might as well bring down the whole web space if they'd want to stop this thing from proliferating. they had a good monopolizing run though, that should be enough (more than enough) to tide them over.

levone says:

I'm bashing Sony because of HOW they try to protect it.

They punish the harmless, those who are one there side, while not even having a real effect on the enemy.

I used to love Sony, but lately I've been thinking about the crappy things they do.

More so, recently that crap they do has been starting to affect me.

They screw over their customers constantly. Continuing to support companies like that lets other companies know its OK.

Dan says:

How would you go about stopping piracy, saying pretty please? They don't punish the 'harmless,' but the people who've decided to hack their PS3's. I understand what you're saying in terms of GeoHot, but shit happens. The majority of people who moaned about Sony's response to that didn't even know what OtherOS is/was.

I'm trying to tell you from a business point of view, I'm not a fan of their decision, but it works out best for them, then I don't necessarily have a problem.

x3sphere says:

My feeling is that Sony should be more concerned about the recent SDK file leaks that have been floating around, rather than PSGroove itself.

Going after the actual software at this point is a waste of resources, it's been posted on every major site, including Engadget. Not to mention.. how can you claim copyright to a 33KB hex code? By itself the code serves NO purpose. It's a whole different ballgame from sites actually selling dongles, advertising the ability to run backups and such. I doubt the court will grant this particular motion but we'll see.

SilverSpring says:

Man, this "I bought it I can do whatever I want with it" is getting old.

You say you know the legalities of it, you obviously don't. You said it yourself the license only applies to software, this is true. What you are paying for when you purchase a PS3 is the hardware (ie. the raw metal, plastic, silicon, etc.) and a license to use their software (ie. the firmware).

The hardware you can do whatever you want with, you can melt down the metal, plastic, and silicon and use the materials for whatever you want. But as long as you are using it with the licensed firmware you are bound to the terms of agreement of that license.

If you truly want to be able to do whatever you want with the PS3 then you'd have to take off the licensed firmware from it (and all other licensed software on the machine so all BIOS's, firmwares, microcode, for the BDROM, Wifi, System Controller etc.). You can write your own software for all of these and then be granted the right to dictate your own terms to your users of your 'software'.

As long as you are using someone else's software you are bound to their terms. Don't like their terms don't use their software, it's as simple as that.

Hellcat says:

That is well said.

I was thinking of how to phrase my thoughts, but that pretty much nails it.

Sony is only trying to protect the platform as a whole, that is not only the pice of HW and SW sitting at your home but the whole business branch attached to it. The studios, the publishers and - believe it or not - the end custommer, YOU!

"Why me?" you ask?

Well, to answer that, just let me hint to that fake and bricking(!) PSP emulator!

One of the reasons these devices are so locked down is so no harmfull things can be ran and harm it.

Like it or not.

january39 says:

I wonder if this applies to SCEE regions as well?

KezraPlanes says:

Thanks for deleting my earlier post, that makes me so happy /irony.

Sony is protecting themselves from some dumbshits who decide that they are too good to buy their own games. Plain and simple.

And most likely it doesn't apply to SCEE, for now.

january39 says:

I did not delete them :/

Dan says:

What irony?

Robby says:

What a dumb comparison.

A rock has many uses, this only has one and it is the hack the PS3 which will lead to piracy as that is what 99% of the ps3 scene wants.

But like x3 said, this is a waste of resources. It has been spread around, ported to other devices, etc

slicer4ever says:

even if it's a waste of resources, to prospective companys to develop for their console, they need to atleast do something

ccd2008 says:

i think sony should add something equivalent to an app store where users can add programs uses additions that sony hasn't added or thought of rather than dictating the complete direction of development. It would allow some people to have some features that they are trying to hack for. I know this wouldn't help those looking for piracy possibilities.

KezraPlanes says:

That's actually an awesome idea and I've believe that's been discussed before because of the PSP, and there were plans for PSP or PS3 non-game application store. I wonder what happened to that =\

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