PlayStation 3 modchip banned in Australia

PS3 News | Score another for Sony.

Not too long ago, it was announced that the world's first working PlayStation 3 modchip had finally arrived on the market. Titled PS Jailbreak, the modchip comes in the form of a dongle and plugs directly into the PS3's USB ports, bypassing the need to break the warranty seal and preventing any forced software updates. Using the modchip allows players to play backup games and run homebrew applications.

A short time after its long-awaited release, the Australian Federal Courts imposed a temporary injunction on sale and import of the device. Now the courts have gone one step further and outlawed the device completely.

The ruling means that the defendants in the case, namely online retailer OzModChips, are no longer able to import, distribute, promote or sell the product and are required to surrender any incoming and current stock they hold. As with cases such as these, the defendants are also required to pay Sony compensation as well as having to cover the legal costs.

This ruling may be at the forefront of the ban of other modification-related devices, but for now, we'd like to hear your thoughts on the issue. What do you think about this ruling? Should users still be able to modify their devices?

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86 Comments

Appel

1 year ago

Furianshi

1 year ago

Benza wrote

Quote

Even if I knew how, I would never consider modding it so that it could wash clothes. Doing so would probably run the risk of the fridge failing at the task it was designed for. If modding fridges so that you can use them to wash clothes ever took off and people everywhere started doing it,

Honestly I don't give a **** what you would do. I'm not asking you what the best thing to do in the situation would be.

I was actually just expressing my opinion. There is no need for the kind of hostility/disrespect that you've displayed here, simply because I'm expressing an opinion that differs from yours.

On topic: it doesn't really bother me either way with this whole jailbreak issue, I'll just continue on doing my own thing.

Edit:

Benza wrote

Ok sorry that was out of line, I was just getting a little frustrated at being constantly told there's no need for home brew and people are only interested in it for pirating software.

Yeah all good man, in a small way I probably brought it on myself trying to be funny in the middle of a heated discussion. I can sometimes be a little tongue-in-cheek when putting my views across (my kids get annoyed with me too, I treat everything like a joke apparently). But I didn't really mean for anyone to take it personally.

Apology accepted.

Fetidchimp

1 year ago

I am sure sony sits around crying into their jocks about some people wanting to run homebrew......

shokwave2

1 year ago

I emailed OzModChips a few weeks ago, asking them if they could unbrick my Wii. I was told it would cost X dollars and take X hours, but they would have no time for me because of the PS3 modchip. Well i guess OzModChips would love to have my business now because they have nothing else to do. Sorry guys, i've gone elsewhere and have received better customer service from the other company.

Benza

1 year ago

Furianshi wrote

Benza wrote

Quote

Honestly I don't give a **** what you would do. I'm not asking you what the best thing to do in the situation would be.

I was actually just expressing my opinion. There is no need for the kind of hostility/disrespect that you've displayed here, simply because I'm expressing an opinion that differs from yours.

Ok sorry that was out of line, I was just getting a little frustrated at being constantly told there's no need for home brew and people are only interested in it for pirating software.

Puddingfork

1 year ago

If they didn't use copyrighted Sony code, I really don't agree with this at all.

By the same logic you could easily say blank disks, DVD drives, computers, the internet and plenty more should be illegal. While these would cause more harm than good in general devices that can be used for piracy cause more good than harm. I'm having trouble expressing what I want to say in words right now (I'm a terrible writer) so here's an article I read ages ago that basically can be applied to this situation and is far better than anything I could ever post.

Defending virtual rape, not the same as condoning it

If you can't be bothered reading it all, at least read this part

Quote

Those who believe that RapeLay should be banned are what I like to call hypocrites-in-waiting, because you know that as soon as something they value comes under fire for being "tasteless" and "offensive," they will jump right in to defend it. The point is, if you value freedom of expression and of speech, you have to be prepared to defend every form of expression and speech, not just the parts you like. Being a true believer in free speech means having the integrity to stand up for the rights of that which you don't agree with.

Slambonker

1 year ago

As much as I feel I'd like to use one of these chips to save some money and try before I buy, at some point in my use of my PS3 I agreed to the terms and conditions that prevent me doing so. It's contradictory and hypocritical of me to accept the terms as a consumer yet whinge and gripe that I should be able to use these counter measure technologies. Let's be serious, they are primarily used to run pirate software, not to make backups and develop homebrew apps. Running pirate software is great if you want to try before you buy but if that is all you do or is the majority of your gaming library well I'm not for making up the price difference because of your illegal activity.

THEMAN

1 year ago

Fetidchimp wrote

I am sure sony sits around crying into their jocks about some people wanting to run homebrew......

I'd always figured SONY be free ballin.

fullmetal_adam

1 year ago

This isn't surprising. I personally disagree with the court's ruling, but I don't know the laws on which the decision was based. I think a lot of judges all over the world are too old and ignorant to preside over cases involving complex issues with technology. It's all well and good to say the modchip is a piracy device, but that is an ignorant statement. That's not what it does, simply a possible application of the chip. It would be like calling a kitchen knife a 'murder device'. What you do with your console offline is your business. Sony is within their rights to stop your PSN access, but no more. Besides, if you actually want a good online experience there is XBL and Steam.

Fetidchimp

1 year ago

ah yeah but judges do have the ability to learn things, hence they are judges, it's not like they walk out and go, you whippersnappers better pony up some information about this here new fandangled crap for me or i am going to flip a coin.
I am quite sure he would have taken it all into consideration.

light487

1 year ago

The modchip itself is not piracy.. that point could EASILY be appealed if people actually cared enough to bother. It is what you do with it after you mod it, which makes all the difference.. it's like the old saying "Guns don't kill people, people kill people".. A gun is not a murderer, a gun is a thing that can be used to protect, provide food (in some parts of the world).. and yes, murder (amongst its other uses).. To say that a modchip itself is piracy or that it's only purpose is piracy, is fundamentally wrong.

However.. does anyone actually care? well.. no.. people who mod their consoles are still going to mod their consoles.. that's what the black market is for. I personally, from a legal point of view, have no problem with the alteration of the console but you are:

1. Breaking the ToS of PSN.
2. Voiding your warranty.

If you don't care about either of those.. then I don't see a problem with modding but if you feel that you have the "right" to go on using the PSN service with an altered PS3, then you are just a fool.

Benza

1 year ago

light487 wrote

t's like the old saying "Guns don't kill people, rappers do"...

Fixed for ya.

You make a good point though, they're outlawing something on the basis that it's use is illegal.

That isn't actually going to stop anyone using it for illegal reasons because... well it's already illegal to pirate games. It's kind of redundant.

Wich means in reality the only people they're really stopping are the people that would use it for home brew that don't want to break the law, although I think most people in the home brew community have become accustomed to being criminals by now.

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