SCEA vs PSJailbreak'ers - The Big NO-Show!

[garyopa]

On Oct. 12, 2010 in the court room in front of the Honorable Judge Vaughn R Walker, the Show Cause court case between SCEA and the so far named PSJailbreak resellers, the were selling the original PSJailbreak, PS3BREAK and PS3KEY on varous online websites including Ebay occured.

The end result, was just as pictured above, an Empty Court Room, the Big Showdown turned into the Big NO-Show, as a result the Judge had no reason not to grant what Sony was asking for and as a result of the empty room with no defendants, SCEA was granted the following Preliminary Injunction:

On October 5, 2010, the court granted a temporary restraining order against defendants and ordered them to show cause why a preliminary injunction should not issue and why the court should not issue an order of impoundment pursuant to 17 USC §1203(b)(2). Doc #33.

The court held a hearing on the order to show cause on October 12, 2010, and no defendant appeared.

For the reasons explained below, plaintiff Sony Computer Entertainment America’s (“SCEA”) motion for a preliminary injunction and order of impoundment is GRANTED. SCEA and defendants Tom Nooker, Bin Le Zhong, Alex Esquivel and Fai King Fong entered into stipulated preliminary injunctions. Doc ##38, 42, 45, 47. SCEA has not moved for injunctive relief against defendants Vlad Gazoune and HuanRan Lee. The defendants bound by the this preliminary injunction are: Thahn Nguyen, individually and doing business as USATechCity, Ltd (“USATechCity”) and Arthur Bates II, individually and doing business as PSP Pit Stop (“PSP Pit Stop”).

Having considered all the papers and arguments, the court finds that SCEA has established that it is likely to succeed on the merits of its claims for violation of the Digital Millennium Copyright Act and federal trademark law and that it will suffer irreparable harm unless defendants’ violations are enjoined. The court additionally finds that the balance of equity and interests of justice support granting such relief. Furthermore, defendants failed to appear or otherwise show cause why a preliminary injunction and order of impoundment should not issue.

Accordingly, the court orders as follows:

1. Defendants and their officers, employees, attorneys and representatives, and all other persons or entities in privity or acting in concert or participation with defendants, are enjoined from selling, offering for sale, marketing, advertising, promoting, installing, distributing or otherwise trafficking in circumvention devices, including but not limited to any or all of the PS3 Jailbreak devices, any copies or versions of backup manager or any other hardware or software that bypasses technological copyright protection measures in SCEA’s PlayStation®3 computer entertainment system;

2. Defendants shall preserve all communications, including email communications, and other documents relating to their purchase, sale, receipt or distribution of circumvention devices, including but not limited to the PS3 Jailbreak devices, the backup manager or any other hardware or software that bypasses technological copyright protection measures in SCEA’s PlayStation®3 computer entertainment system, and defendants shall not delete, remove, transfer or in any way dispose of such communications and documents;

3. Pursuant to 17 USC § 1203(b)(2), all circumvention devices in defendants’ possession, custody or control are ordered impounded, including any or all of the PS3 Jailbreak devices, any copies or versions of backup manager or any other hardware or software which bypasses technological copyright protection measures in SCEA’s PlayStation®3 computer entertainment system. Defendants shall immediately deliver the devices to SCEA’s attorneys at Townsend and Townsend and Crew LLP, Two Embarcadero Center, Eighth Floor, San Francisco, CA 94111 Attn: Timothy R Kahn, Esq;

4. The $5000 security posted to secure the temporary restraining order, Doc #36, shall suffice as security for this preliminary injunction;

5. Plaintiff shall serve defendants, defendants’ resident agents or counsel with a copy of this order;

6. This order shall remain in effect until further order of the court.

That's All Folks! --- Case Closed for now!

But remember this is only bit of the action against a few of websites selling devices against the so far named defendants, there is still the ongoing list of unnamed John Does #10 thru #100. Until more powerful legal action from Sony Corporation, coming soon in court room near you!

Stay glued to PSX-SCENE for all the exclusive latest in PSJailbreak drama!

Here is link to fully updated complete set of all the court files for C-S10-3909Z!

UPDATED: Add a few more files to the above link, nothing major just signed paperwork from Judge

[daviedave]

Oh man this is crazy, this is the FIRST time i realized how crazy sony is, nice POST

[daviedave]

and SECONDly, who POSTed these documents? it would be interesting to find out how these articles are being accessed

[garyopa]

and SECONDly, who POSTed these documents? it would be interesting to find out how these articles are being accessed

If you read my other threads.

I been paying for these documents out of my own personal pocket for the good of the scene,

See my previous threads for all the info:

http://psx-scene.com/forums/f6/ps3-w...-action-68202/ (PS3 Wikileaks Part #3 - More SCEA Court Action!)
http://psx-scene.com/forums/f6/scea-...g-order-67868/ (SCEA granted an TEMPORARY RESTRAINING ORDER!)
http://psx-scene.com/forums/f6/garyo...hackers-67646/ (Garyopa's Wikileaks Special #2: SCEA vs Hackers!)
http://psx-scene.com/forums/f6/scea-...ind-you-67178/ (SCEA is hard at work to find you!)
http://psx-scene.com/forums/f6/scea-...ilbreak-65284/ (SCEA starts court action against USA PSJailbreak!)

[crazyc]

and SECONDly, who POSTed these documents? it would be interesting to find out how these articles are being accessed

PACER These are public records so anyone can get them for a few cents a page.

[garyopa]

PACER These are public records so anyone can get them for a few cents a page.

Yep, that's true but it does add up quickly, as there is lot of pages so far!

657 Page(s) = 87 Document(s) = Total $229.13

So that works out to around $0.35 per page now!

[moh.sakhaii]

Interesting news Gary, keep up the good work. I'm just laughing at their stupid attempts to contain such a flood.

[Xeauron]

657 Page(s) = 87 Document(s) = Total $229.13

PSX-SCENE, Value for money with every click...



Bloody hell gary, nice one for these reports. Much appreciated.

[DeadlyFoez]

Gary, you da man. Thank you for all that you are doing for the community.

[AdamL]

Found this on a new article (Sony Targets More PS3 Jailbreak Retailers - eXophase.com)

A guy, claiming to be the psp pitstop site owner said:

I am the owner of PSP Pit Stop.com. WOW... But coming after me because someone may use it for piracy..., this is crazy. I don't condone piracy but have as much control over some using it to brake the law as gun shop has over someone using the gun they sold them to commit robbery or murder.

I do believe that people have the right to protect their investment. The should be able to make back-up copies of the media that they obtained legally for their own use.

I do realize that now I will have to change my domain name, but I will maintain the parts repair side of my business. I guess we will see what pans out of this whole thing. I really wish I had the time and money to fight this.


Looks like monetary funds are the sole reason for holding these guys back from going to court. Not that it's any surprise....