Spanish Court Declares PS3 Jailbreaking Legal

[Logan Westbrook]

Spanish Court Declares PS3 Jailbreaking Legal

Sony forced to foot the bill for failed legal challenge against jailbreak retailers.

Sony suffered an upset this at the hands of the Spanish legal system, after a Barcelona judge ruled that it was legal for Spanish retailers to advertise and sell jailbreaking devices like the PSJailbreak [http://www.escapistmagazine.com/news/view/102890-Rumor-Hackers-Crack-PS3-Copy-Protection]. The PSJailbreak is a USB mod chip that allows the use of non-standard game discs, such as backups or - and this is what Sony is more concerned about - pirated games.

The court took the view that when someone had bought a console, what he or she did with it after that was none of Sony's business. The court's decision is believed to be at least partially motivated by Sony's removal of the Other OS feature from the PS3, something that had previously been part of its advertising, and has made it the subject of multiple class action lawsuits [http://www.escapistmagazine.com/news/view/102281-Other-OS-Lawsuits-Combine-Into-Single-Mega-Suit] in the US. The court also ordered Sony to pay any legal fees incurred by the retailers it had targeted with lawsuits, although exactly how much that comes to is unknown.

Sony can appeal against the court's decision, and it's hard to see a reason why it wouldn't, but if the court stays resolute, then Sony is left without any legal recourse against jailbreakers. Even with the ruling, though, I can't imagine that Sony is under any requirement to let jailbreakers continue unabated, and will continue to block the PSJailbreak devices with software updates as it has done in other countries.

Source: Crunchgear [http://www.crunchgear.com/2010/12/16/court-ps3-jailbreaking-now-legal-in-spain/]






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[Bloodstain]

The court took the view that when someone had bought a console, what he or she did with it after that was none of Sony's business.

Thanks, Spain, for summing up my thoughts.

 

[Enkidu88]

The court took the view that when someone had bought a console, what he or she did with it after that was none of Sony's business.

Thanks, Spain, for summing up my thoughts.

And mine as well!

 

[mjc0961]

See Sony, that's what you get for taking out Install Other OS just because one guy didn't even make any real progress towards cracking the console using it. Now some others guys did crack your system and you can't do a damn thing to stop them from selling their device.

 

[Warnolo]

The court took the view that when someone had bought a console, what he or she did with it after that was none of Sony's business.

Thanks, Spain, for summing up my thoughts.

And mine as well!

De nada.

 

[DeadlyYellow]

Good for them. The U.S. has the DMCA, while appearing to slowly be loosing power still gets in the way of this sort of activity.

But then again, you can't seem to wipe your ass in the States without violating some asinine copyright law.

 

[Guy32]

I understand their reasoning, but I think Sony should've won that one. I, and presumably 95% of PS3 owners, couldn't care less about losing Other OS and while I understand that jailbreaking will happen regardless of its legality, I don't think that they should make it easier to pirate games.

 

[Sniper Team 4]

Interesting. I can see both sides of the issue, and both sides have a point. Now, the defendant's point goes out the window the moment they use the jailbreak to play pirated games, but until then, they have a point.

 

[AngryMongoose]

Good to see people who don't buy that crap that it's a license and not a product. It's a lincense when it benefits them, and a product when it doesn't. Stupid system.

 

[Echo136]

All I can, go Spain. If Sony is falsely advertising their consoles, people have the right to break those said consoles as the contract is considered "Void" either way.

Anything to justify stealing, eh?

 

[Echo136]

Edit: delete

 

[Something Amyss]

well that sucks for Sony. I hope those updates curve those pirates trying to use their jailbroken ps3.

I doubt it'll do much to curb piracy.

Good for them. The U.S. has the DMCA, while appearing to slowly be loosing power still gets in the way of this sort of activity.

But then again, you can't seem to wipe your ass in the States without violating some asinine copyright law.

You do realise the DMCA is basically introducing to law the WIP treaties that more countries than the US signed on to, right? While I oppose the DMCA, it's hardly an American thing.

 

[Irridium]

And once again, courts show that the EULA means jack shit.

 

[Echo136]

All I can, go Spain. If Sony is falsely advertising their consoles, people have the right to break those said consoles as the contract is considered "Void" either way.

Anything to justify stealing, eh?

Are you under the assumption I am a pirate? You are severely mistaken. I approve of cracking the PS3 to gain back access to the inital features which most first-adopters paid for.

The PS3 is being used more then games, be aware of that.

If thats true than I do appologize. I cant stand pirates and their attitude that they are entitled to games for any reason they can think of.

 

[Xiorell]

I don't even own a PS3, so I don't care for the REAL reasons people use the jailbreaking thing, seems that is NOT what this case was about anyway, more about what people can and can't do to something they own.
In this case I am 10000000% with the court saying people can do what they like to it once they buy it.

Saying I can't mess about with something once I handed over the cash would be like me going and buying a new car and having a custom paint job done, then Ford saying "fuck you, you can't do that", it's bullshit, I own it I'll do what the hell I please with it. Bollocks to all this license shit, it's an item, you sell it, I buy it, it's no longer yours and you have no say in what I do with that item.
That's how things need to be.

The piracy issue is a different arguement entirely. Modding something I own is my business. If I have a pile of illegal software, that needs to be a seperate arguement.

 

[Royas]

Good for Spain. This isn't a case of a video game, where the primary part of the product is the IP on the disc. This is a piece of hardware that has some software (IP) on it. It's a product, just like any car, chair, whatever you own. You buy it, you can do what you want with it. The manufacturer doesn't get to ***** when you put new pipes on your car, Sony doesn't get to ***** when you reprogram your PS3. If they don't like it, they can get out of the hardware business.