Spanish Court Declares PS3 Jailbreaking Legal
Jay-Cee
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http://www.escapistmagazine.com/news/view/106223-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. 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 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.
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. 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 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.
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But so far they are losing i think, but in a sense i think its wrong, but then again i download tv shows, and i dont want a ban on it
Nope there not there winning so far no new games work minus assassins creed brotherhoods downgrade was killed in the last update devs working on home brew/payloads are acting like little children. Unless x3max deliver ( I have strong information they will ) jailbreak is pointless.
Are you honestly comparing jailbreaking an consumer device to bull-fighting and donkey shagging
So it is simple racism then
Donkey shagging isnt legal in spain
How do you know?
Maybe he got bit to friendly over there with one
....Spain I mean of course.
I didnt claim that it was legal in spain unlike alternate. What I do know is that spain is part of this organisation called the european union where there are certain laws that are universal across the member states and one of those is copyright laws.
Did you seriously expect them to give the death penalty to anyone who tries to jailbreak their ps3. Of course not. :rolleyes:
Except they do not allow you to have sex with animals. like most Western European countries. but hey you want the death penalty for anyone who dares challenge sony. That is uncivilised.
Technoguy shows that PS3 owners are primative beings who believes that anyone who dares do what they want with something they purchased should be put to death,
Plus this is a nation who holds as a national hero a bloke who saw windmills as a millitary threat
If the jailbreak community were doing anything interesting like making XMB apps then it may justifyable to say "it's not up to Sony what people do with their machines", but they're not, all they're doing is stealing revenue from developers, significant taxpayers and contributors to British society.
Does Spain have a games development industry? As far as I'm aware they don't. Put the same case through a British or French court and you might be able to call it a worthy test-case for the EU.
Also, no online (again as far as I know)
Imagine the fun they are having with homebrew tetris though .... I'm soooo jealous.