Selling Your Jailbroken PS3 Violates Sony's Copyright?

**soccermatt34** · 10-05-2010,10:42 PM

Soooo.... Apparently Sony doesn't want their PS3's sold if they are FW 3.41. I jailbroke my fat ps3, decided I would sell it to fund a new ps3 slim / move bundle. I guess not!

**candidguy** · 10-05-2010,10:47 PM

Originally Posted by soccermatt34

Soooo.... Apparently Sony doesn't want their PS3's sold if they are FW 3.41. I jailbroke my fat ps3, decided I would sell it to fund a new ps3 slim / move bundle. I guess not!

Nah, you can sell 3.41, but not with the word "Jailbroken" though.
Thing is, even though you have jailbroke it, but you still need the device to jailbreak it again so it's not really jailbroken permanently.

**Mikeniccy** · 10-05-2010,10:49 PM

Your problem was that you listed it as jailbroken. probably would have been fine just listing as firmware 3.41. Anyone who was lookin to jailbreak would understand

**soccermatt34** · 10-05-2010,10:50 PM

Originally Posted by candidguy

Nah, you can sell 3.41, but not with the word "Jailbroken" though.
Thing is, even though you have jailbroke it, but you still need the device to jailbreak it again so it's not really jailbroken permanently.

I guess the decision by the Library of Congress to add an exception to the DMCA for jailbreaking (in the context of the iphone) doesn't apply to the PS3.

**remainnameless** · 10-05-2010,10:50 PM

Originally Posted by soccermatt34

Soooo.... Apparently Sony doesn't want their PS3's sold if they are FW 3.41. I jailbroke my fat ps3, decided I would sell it to fund a new ps3 slim / move bundle. I guess not!

I am not sure what you posted the PS3 as but there are a couple of ways you could have gotten around this:

1) Don't advertise as a "Jailbroken" PS3. This does not add value to the machine. It's almost as bad as Best Buy charging $30 for a firmware upgrade. You did not create the jailbreak, so if you were profiting form it, shame on you.

2) If you were selling the PS3 pre-loaded with games, shame on you.

3) All you have to do is restore the PS3 to factory settings and sell it as a virgin 3.41 PS3. No shame on you.

4) You could also upgrade the firmware and sell the PS3 as a virgin 3.50. No shame on you.

I'm not saying that these ALL apply to you, but if you were trying to take advantage of a potential buyer by selling a free jailbreak, shame on you.

**soccermatt34** · 10-05-2010,10:52 PM

Originally Posted by remainnameless

I am not sure what you posted the PS3 as but there are a couple of ways you could have gotten around this:

2) If you were selling the PS3 pre-loaded with games, shame on you.

Not only did I not advertise this, I emphasized that I don't condone it.

**opiate81** · 10-05-2010,10:53 PM

lol yeah dude probably not the smartest move

Considering Sony have been headhunting guys selling USB sticks on Ebay.

Looking at your attachment, you're not selling a 3.41 PS3, you're selling a JAILBROKEN 3.41 PS3.
That is what makes it a no go for Sony.

Cant say I'd advertise a jailbroken PS3 anywhere

I was surprised when I got away with selling my 360 with a flashed drive (was advertised as such)

**soccermatt34** · 10-05-2010,10:55 PM

Originally Posted by opiate81

lol yeah dude probably not the smartest move

Considering Sony have been headhunting guys selling USB sticks on Ebay.

Looking at your attachment, you're not selling a 3.41 PS3, you're selling a JAILBROKEN 3.41 PS3.
That is what makes it a no go for Sony.

Cant say I'd advertise a jailbroken PS3 anywhere

I was surprised when I got away with selling my 360 with a flashed drive (was advertised as such)

Heh, I guess I was stretching with the listing. In my mind I was simply thinking, the auction has a FW 3.41 PS3 and a PS3break stick so I might as well advertise that. I guess I should have just left out the stick and expected a few less bucks

Just surprises me that it violates their copyright since the iPhone jailbreak was allowed so bluntly by LoC.

**remainnameless** · 10-05-2010,10:56 PM

Originally Posted by soccermatt34

Not only did I not advertise this, I emphasized that I don't condone it.

Good for you. Sounds like you're not a useless pirate.

I still think it's wrong to add value to a machine (PSP, PS3, XBOX, etc.) when you have used free software to "unlock" it. If you weren't asking for more money than normal, just repost it as a 3.41 PS3 and remove traces of your jailbreak.

EDIT:
Just read your above post, it sounds like a great idea.. lol

**candidguy** · 10-05-2010,11:01 PM

OP, you might wanna edit/remove the picture, you email is revealed thus privacy concerns...
but anyways, come on guys, I still haven't had any answers in my thread yet and this thread is so much more popular than mine?
http://psx-scene.com/forums/showthread.php?t=67856 (Flash upon launching an app/game)
just a simple question all of u can tell me.

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