Aussie PS3 mod chip ban upheld

Federal Court of Australia upholds ban on mod chip retailers; all preorders and future orders to be delivered direct to Sony.

Following last week's Federal Court of Australia decision to temporarily ban a handful of local retailers from selling or importing mod chips that allow unauthorised software to run on Sony's PlayStation 3, the judge in the case has ruled in favour of Sony and placed an indefinite ban on the retailers in question.

Sony wins out over PS3 mod chip retailers.

Sony Computer Entertainment's Australian and European arms initiated court action last week against three local retailers and an individual for selling and distributing PS3 mod chips. Following the temporary ban, the Federal Court of Australia judge Justice Dodds-Streeton ruled on Friday that OzModChips, Global Solutions International (trading as Quantronics), Ken Tolcher (trading as Mod Supplier) and Ryan Caruana can no longer import, distribute, offer to the public, provide to other parties, or deal with PS3 mod chips until further notice.

According to court documents filed on September 3, the retailers have also been ordered to hand over any existing mod chips to Sony, as well as redirect any preorders to Sony's legal representatives.

Last week, OzModChips responded to the lawsuit in a message posted on its site, saying: "This will affect everyone that plans to buy such a device worldwide. It already sets a dangerous precedent. Everyone that was using OtherOS, everyone that has had a faulty PS3 laser…and those interested in PS3 custom firmware and homebrew applications. We cannot do it alone; we need the support of everyone in the homebrew community, the media, engineers that understand the inner workings and anyone else that can provide support."

Quantronics also responded, saying that the injunction was "baseless" and that the retailers' ideal was to change Australia's views on copyright law, fair use, and freedom.

According to amendments made to the Australian Copyright Act in 2007, any device, including mod chips and Nintendo DS flash cards, that bypass the protection measures put in place within a console are illegal.

For more, check out GameSpot AU's feature on video game piracy, Copy Cats.

Got a news tip or want to contact us directly? Email news@gamespot.com

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36 comments
Weinerth99
Weinerth99

This is all BS!! We are not RENTING our PS3's from Sony, we PURCHASED THEM. Its our hardware, so if we want to change how it works it's our decision! Imagine if you were sued for millions by HP or DELL because you removed a bad power supply and put in a new one from a different manufacturer. Or sued by Microsoft because you uninstalled Windows and installed Linux instead. SONY IS BASICALLY SAYING NO MORE FREEDOM!!!!!

ropumar
ropumar

@shaunn191 or maybe just use a PC

Wyckid
Wyckid

@ xblane Sony placed the highest bid. lol In all seriousness, it was a good decision. Although I don't agree with it, if I was put in Sony's position, I would be forced to do the same thing.

shaunn191
shaunn191

if ppl want homebrew so bad then mabey they should, design and produce their own console hey...

nhall00195
nhall00195

scum profiting off other peoples work, glad to see those LOSERS banned

TetsuwanConvoy
TetsuwanConvoy

I think its a little sad, although I see less need for homebrew on the PS3. I have a modded PS2 and wii, soley for the purpose of playing US/JAP and PAL games. So many good Japanese games that never see the light of day here. I don not use it to play pirated games. Luckily the PS3 has region free gaming. If only it was the same for Blu rays. ALhtough I do believ region coding is a market control system ratherr than a piracy concern. That is all I am worried about.

supdotcom
supdotcom

I feel like this was a sony victory well won. Homebrew shouldn't be allowed on ps3 like any other consoles in the past. Seriously who really uses homebrew only for homebrew apps and not for pirating games.

thumbsdown01x
thumbsdown01x

@ Odins_Fury You say modding a console does not equal piracy? That's like saying bringing bombs into an airport does not equal terrorism, so it should be allowed.

thumbsdown01x
thumbsdown01x

@ user_93475765 A screw-driver itself probably would not be banned. A screw driver that could INSTANTLY launch itself hundreds of feet and harm innocent people would probably be considered an illegal weapon. With that being said, it was INCONSIDERATE for this mod-chip designer to release this into the public in such an uncontrolled manner, and it is inconsiderate of you to support them. As arguable as gun laws are, even legal guns are controlled atleast to an extent. This mod-chip was released, in an uncontrolled manner. In a risk-benefit analysis, the risks of releasing such a product outweigh the benefits that this can cause. Funny thing is, these "risks" don't bother the producers of these chips, because as far as they are concerned, they are making money off of this.

junor69
junor69

sorry sony but you are late :) now we dont even have to pay for it whahh whah hahaha thanks sony

HollowNinja
HollowNinja

Ugh. Anything that harms homebrew is bad for me.

Odins_Fury
Odins_Fury

For all those people cheering I think there is something here that you don't understand. Modifying a console you own with a chip does not equal piracy. I find it sad that you think it's ok to be told what we can or cannot do to something we own.

cooljosh3k
cooljosh3k

Finally the Australian Goverment pulls thier finger out and does something about piracy. It is true that this will kill homebrew and other perfectly legit goodies, but the majority of people would just pirate games. Sure, if the "JailBreak" can't be sold it will be given away free on the internet, but I believe Sony would already have expected this. Sony were not trying to make money, they were trying to make a point. Perhaps Microsoft and Nintendo will step up too now? Companies such as Sony should not have to speak up, the Aussie Goverment should just pay alot more attention. How long till the Aussie Goverment realise that instead of paying $50+ for a DS game, people could pay only $35 bucks (plus shipping) and play every game without leaving thier home. To top it off, these people still have a legit warranty as far as Nintendo can tell.

COPMAN221
COPMAN221

I find it funny how all the pirates are giving thumbs down to anyone who is happy it was upheld. Stealing is stealing you pirates. Go get a job so you can afford to buy games.. Now I wish they could do the same on the 360, Wii, and DSI..

BahamutZero92
BahamutZero92

Things get more interesting once you learn that the code for the modchip is already out on the internet. And all you need to use it is a mere USB flashdrive. This ban isn't going to stop the damage at all. Publicizing the case actually will probably cause more damage than intended unfortunately. I personally don't agree with the ban, and for a pretty good reason. It's really hard to get into the video game industry nowadays, and the only way I can get some experience is through modchips and homebrew.

X_Box_Killer
X_Box_Killer

Maybe this wouldn't have happened if Sony hadn't kept gimping the PS3? They only hurt themselves in the end by removing features from it every six months. Removing PS2 support entirely is what put me off permanently from ever wanting one. And then removing Linux support really didn't do them any favours either.

user_93475765
user_93475765

Friggin' corporate fatcats; they don't care about any of the legitimate uses for a mod chip, only that they CAN be used for piracy. You know, you can use a screwdriver to hotwire a car. GM better sue to have screwdrivers banned. >___>

2w-sephiroth
2w-sephiroth

I like that that Sony is really using its power to do something about it, it has fought so well for all this time and used all its resources to stop piracy until now. If companies will decide what game to make to one console that has less piracy it will be the ps3... 360 and the wii is over boarded with piracy. Then again I cant talk... I was very close to buy that chip. I am a game student so I need games for research and I cant afford em! (rolls eyes)

redskinStu
redskinStu

Sony, and OTHER electronics firms, are right to win. I've worked in the media for 17 years, and I know how important intellectual property rights are. Do you how it feels when you find out someone has stolen your work and is making money off it? And I don't mean quoting it etc. I mean stealing it and exploiting it knowingly for their own gain. It's not a nice feeling.

thisranks
thisranks

[This message was deleted at the request of a moderator or administrator]

robfield
robfield

[This message was deleted at the request of a moderator or administrator]

Philo350
Philo350

[This message was deleted at the request of a moderator or administrator]

Sablicious
Sablicious

[This message was deleted at the request of a moderator or administrator]

Chargrilled
Chargrilled

[This message was deleted at the request of a moderator or administrator]

thatguy2001
thatguy2001

Unfortunately this is not going to make one bit of difference anymore now that the jailbreak is out in the wild and spreading like crazy. Nice try Sony, but too little too late i'm afraid.

X_Box_Killer
X_Box_Killer

[This message was deleted at the request of a moderator or administrator]

Lum_Yatsura
Lum_Yatsura

[This message was deleted at the request of a moderator or administrator]

TheCyborgNinja
TheCyborgNinja

[This message was deleted at the request of a moderator or administrator]

Barighm
Barighm

Let's face it, if it was YOUR device, and YOU were losing money to hackers and pirates, YOU would sue them too.

Trenchman
Trenchman

[This message was deleted at the request of a moderator or administrator]

shani_boy101
shani_boy101

I'm happy that the ban was upheld. Screwing over the companies that make the games that cheapskates want to pirate is doing no-one any good. I don't want that stuff thats already on the 360 coming to PS3. And if anyone complains about the prices of games here, either live with it or just import games. plain and simple.

COPMAN221
COPMAN221

I'm glad it was upheld. Too many pirates on the 360 already. Don't need the moving to the PS3 as well.

MATERAZZI_23
MATERAZZI_23

All the hopeful pirates says "Arrr..." For now....

ColdfireTrilogy
ColdfireTrilogy

It seems weird that gamespot is posting on something like this and allowing both sides of the argument given its staunch Dictatorship like lockdown on topic discussions of the same subject in their forums.

xblane
xblane

It seems weird to me that they're not forced to stop providing mod chips for other consoles...