Spanish Court Declares PS3 Jailbreaking Legal

Jay-CeeJay-Cee Posts: 2,886
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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.

Comments

  • [Deleted User][Deleted User] Posts: 1,637
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    Won't make a diff Sony will just keep updating to out date the jail break just like apple an iphone
  • Jay-CeeJay-Cee Posts: 2,886
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    Gazinuk wrote: »
    Won't make a diff Sony will just keep updating to out date the jail break just like apple an iphone

    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
  • jjesso123jjesso123 Posts: 5,944
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    Jay-Cee wrote: »
    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.
  • alternatealternate Posts: 8,110
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    Bull fighting and donkey shagging is also legal in spain though.
  • mad_dudemad_dude Posts: 10,670
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    alternate wrote: »
    Bull fighting and donkey shagging is also legal in spain though.

    Are you honestly comparing jailbreaking an consumer device to bull-fighting and donkey shagging :confused:
  • RoweyRowey Posts: 2,154
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    mad_dude wrote: »
    Are you honestly comparing jailbreaking an consumer device to bull-fighting and donkey shagging :confused:
    He's saying in a country where bull-fighting and donkey shagging is legal its no surprise that jailbreaking a ps3 is legal.
  • mad_dudemad_dude Posts: 10,670
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    Rowey wrote: »
    He's saying in a country where bull-fighting and donkey shagging is legal its no surprise that jailbreaking a ps3 is legal.


    So it is simple racism then
    Bull fighting and donkey shagging is also legal in spain though.

    Donkey shagging isnt legal in spain:confused:
  • [Deleted User][Deleted User] Posts: 6,848
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    mad_dude wrote: »
    So it is simple racism then



    Donkey shagging isnt legal in spain:confused:

    How do you know?
  • jjesso123jjesso123 Posts: 5,944
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    How do you know?

    Maybe he got bit to friendly over there with one ;)
  • gillyallangillyallan Posts: 31,707
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    yeah. might be one of them "been there, got the T-shirt" kind of things. :D:p





    ....Spain I mean of course.
  • mad_dudemad_dude Posts: 10,670
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    How do you know?

    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.
  • technoguytechnoguy Posts: 2,271
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    mad_dude in a country that kills bulls for family entertainment and they allow you to have sex with animals.

    Did you seriously expect them to give the death penalty to anyone who tries to jailbreak their ps3. Of course not. :rolleyes:
  • mad_dudemad_dude Posts: 10,670
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    technoguy wrote: »
    mad_dude in a country that kills bulls for family entertainment and they allow you to have sex with animals.

    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,
  • NorfolkBoy1NorfolkBoy1 Posts: 4,109
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    While the donkey-shagging point may be taking things a bit far, I think Spain's general stance on Animal welfare is enough to tell me their legal system isn't one based on grounds that I'll be holding up as a benchmark for anything.

    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.
  • gillyallangillyallan Posts: 31,707
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    Can sort of understand maybe folk with 2 PS3s wanting to keep an eye and maybe look into the Homebrew scene but cannot for the life of me see why anyone would want to miss out on recent games, etc for the sake of it.
  • [Deleted User][Deleted User] Posts: 336
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    This thread is off topic and should be moved to the beastiality section
  • The TerminatorThe Terminator Posts: 5,312
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    gillyallan wrote: »
    Can sort of understand maybe folk with 2 PS3s wanting to keep an eye and maybe look into the Homebrew scene but cannot for the life of me see why anyone would want to miss out on recent games, etc for the sake of it.
    Probably because they won't miss out all that long, hackers always win these "fights" in the end, every defense gets broken down.
  • gillyallangillyallan Posts: 31,707
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    Well Gt5 has been out for a month now and still no play I dont think.
    Also, no online (again as far as I know)
  • [Deleted User][Deleted User] Posts: 1,932
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    gillyallan wrote: »
    Well Gt5 has been out for a month now and still no play I dont think.
    Also, no online (again as far as I know)

    Imagine the fun they are having with homebrew tetris though .... I'm soooo jealous.
  • alternatealternate Posts: 8,110
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    oh dear, see what I gone dun and started :D
  • The TerminatorThe Terminator Posts: 5,312
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    BT@home wrote: »
    Imagine the fun they are having with homebrew tetris though .... I'm soooo jealous.
    And the hundreds of playable commercial games, of course.
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