SCEA granted an TEMPORARY RESTRAINING ORDER!

[spade_]

In the meantime, I think it would be prudent to set up private communications (preferably with encryption), set up an IRC channel of sorts and go the same route as #xbins during the Xbox 1 days - cut Sony out of the loop so to speak. Don't even give them the privilege of reading any public posts on a private forum and have them use it against you.

If Microsoft never harassed or sent somebody to court over using the XDK, then Sony sure as hell ain't gonna do it either. Honestly, this is just about exerting a 'chilling effect' and the 'threat of force' - they think that is enough to 'spook everyone' and force everyone into compliance with their bullying tactics.

They can do their 'chilling effect' nonsense somewhere else where people actually give a damn. I don't live in the US - SCEA has no jurisdiction over where I live and neither does the courts. Simply put, they can blow me. They can put that into their plaintiff right now.

I like this idea alot, You don't even need to sign up to read these forums. psx-scene may be safe now, but it's better to set up an irc channel for any developments and leave Sony in the dark. We're supplying Sony with firepower with comments and news. Might as well make our own 3.42 and close the hole that Sony is looking into.

[Ex-Cyber]

A couple armchair-lawyer comments:

PS3 Jailbreaking is probably illegal under the DMCA, but the boundaries of those restrictions are fuzzy because the wording of the law sucks really hard and some judges are hesitant to apply its full force. The thing that really seems to kill us, oddly enough, is that there's no legitimate commercial use of the jailbreak (i.e. there is no legitimate competitor to Sony that is using jailbreak to gain access to the PS3 market). The fact that it theoretically enables legit homebrew is unlikely to have much relevance to the legal argument. Most people unfamiliar with the DMCA assume that jailbreaking for legal purposes must be legal. Unfortunately, that's not how it works. Bypassing an access control mechanism is illegal unless you're doing it for an exempted purpose. There is a list of things that the law itself exempts, and the list of things exempted by the Librarian of Congress. These exemptions are fairly narrow and come with their own restrictions. If you do it for any other purpose, it's illegal (unless you successfully argue that the system you've circumvented does not legally qualify as an access control measure, or that your actions do not legally qualify as circumvention; there is reason to believe that this might be possible with legitimate homebrew, but I wouldn't count on it).

Under the DMCA, Sony can probably go after anyone who markets AVR/PIC/etc. dev boards for PS3 jailbreaking purposes. They can't stop generic ones at the source if the producers only market them for non-jailbreak purposes, but if you e.g. buy a bunch of AT90USBKEY boards to resell and then advertise on PSX-Scene or pay someone to post here mentioning you as a vendor, you're pretty much fair game as I understand it.

[E.coli]

The judges will strike this down in court. Downloading games from the internet is illegal, using PSjailbreak to download and run homebrew, take/run your own legit backups etc is legal and so PSjailbreak has legit use. The fact that it enables the possibility of piracy is irrelevant if it isn't advertised as a product designed to enable piracy. Nothing illegal happens until the customer decides to use the piracy enabling features of the product, and even then the liability is on the customer and not the salesman.

It's the same thing with a hunting rifle - it is possible to use the rifle for murder and other illegal purposes, however it has legit use for hunting and sportsmanship, and is advertised as such and not as a tool for murder. The liability for any broken laws is on the customer, not the salesman.

don't be too sure about that. The clones are made/advertised to backup games. ALthough dev boards and PSgroove is strictly for homebrew.

[Jammol]

That comment about them getting a discount was actually a sarcastic remark. I forgot the

[xPreatorianx]

I like this idea alot, You don't even need to sign up to read these forums. psx-scene may be safe now, but it's better to set up an irc channel for any developments and leave Sony in the dark. We're supplying Sony with firepower with comments and news. Might as well make our own 3.42 and close the hole that Sony is looking into.

LOL I literally said this around the time the first news came out when ozmods was getting heat. I said to everyone in the PSJailbreak channel that we needed a new way of passing information because we are only giving sony ammunition to fight against the hack. What happens? They send suits and papers out to even the open source fellas. Damn I hate being right.

[garyopa]

Another week, and time for another PS3 Wikileaks special!

Please see this new thread now:

http://psx-scene.com/forums/f6/ps3-w...-action-68202/ (PS3 Wikileaks Part #3 - More SCEA Court Action!)