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

Zhou

1 year ago

article wrote

What do you think about this ruling? Should users still be able to modify their devices?

Yeah. I don't see why not. If I want to be able to run homebrew on my ps3, why can't I?

If I want to back up my ps3 games that I OWN so I can keep them in 100% mint cond for my game display, why can't I?

Yes, piracy is an issue, but making ozmodchips pay compensation and cover legal costs is pretty extreme. They didn't prove the devices were used for piracy, even though it does facilitate it.

If you ask me, sounds like the judge was just paid off to make his ruling favor sony. However I'm more than sure TheMan and other anti piracy fanatics would beg to differ.

Also, wearn't quantronics and a few other companies made to pay up too? Can't place all the blame on ozmods.

Either way, now that the exploit has been ported to the n900/palm pre/usb microcontrollers/later today the ti-84plus/silver etc I dont see how Sony could stop it.

Yeah sony, go ahead and update your firmware and hand out bans. Pretty sure no one cares.

grim-one

1 year ago

No link to the ruling or a source?

Can't say I'm really surprised, but the damage is done anyway. Sony's closed system has been cracked wide open and the entire internet knows about it now.

arbok

1 year ago

Thats great!

although would u say that it was piracy that made the PS1 and PS2 as popular as it was.

Zhou

1 year ago

Court order documents

There might be a more updated document somewhere but I cant seem to find it anymore.

Benza

1 year ago

This retarded. When we buy a console we should not be prevented from modifying it in any way we see fit.

It's my console, it's not like the rules with software that I'm obtaining a license for it. It's my physical property.

Also Australian courts have all ready ruled that mod chips are legal. In the case of previous consoles

Quote

The court recognized that by the time a mod chip acts upon a copied game, the copyright violation has already taken place -- the mod chip is not responsible for the copyright violation.

Surely this could be appealed.

moonhead

1 year ago

I think the court need to look at what the device does do not what it can do. What this device does is allow running unsigned code on a Playstation 3. Why this should be banned is beyond me. Sure it can be used for piracy, but so can Blu-Ray and DVD burners, why aren't those banned? Hopefully OzModchips can go down the route to prove that this device has other functions then piracy.

mikezilla2

1 year ago

Zhou wrote

article wrote

What do you think about this ruling? Should users still be able to modify their devices?

1:Yeah. I don't see why not. If I want to be able to run homebrew on my ps3, why can't I?

2:If I want to back up my ps3 games that I OWN so I can keep them in 100% mint cond for my game display, why can't I?

3:Yes, piracy is an issue, but making ozmodchips pay compensation and cover legal costs is pretty extreme. They didn't prove the devices were used for piracy, even though it does facilitate it.

4:If you ask me, sounds like the judge was just paid off to make his ruling favor sony. However I'm more than sure TheMan and other anti piracy fanatics would beg to differ.

5:Also, wearn't quantronics and a few other companies made to pay up too? Can't place all the blame on ozmods.

6:Either way, now that the exploit has been ported to the n900/palm pre/usb microcontrollers/later today the ti-84plus/silver etc I dont see how Sony could stop it.

7:Yeah sony, go ahead and update your firmware and hand out bans. Pretty sure no one cares.

1/2 :arnt exactingly a right and really have nothing to do with the mod chip what so ever il get in to why in a moment

3: wow come on zhou - they didn't need to that device uses dev code that is owned by sony thats iilgal to be used in public domain i think at the end of the day what they stopped is revenue being made off there problems they dont relly have a right to sell stuff like that , selling microborads is another matter all together , you no how the bittorrent protrcal works ? its akin to this ,

4: i cant speak for theman or the rest of community but this relly is just a bit more then self-centred , i dont want to make it a personal matter but youv said more then once that you have no interest( you said youv never used it ?) in using Linux you just want the ability , planty of what ifs too , youv stated at one point that you no longer use the PS3 for gaming ? that its just a paper weight ? that you have no interest playing online ? ( you never stated why - losing too much ? lag ? cheaters ? )

4.1but you see thats the problem right there ( cant be bothered getting quotes) but youv made it quite clear that your only interested in your own agenda with or with out piracy

5: see point 3 no idea but it wouldn't be unfair now would it since they were all stocking things that they wernt allowed to, they all went to curt over it to fight and they all lost

6: not srue where all thinking on the same page here see point :3 but no they cant in a small capacity , i think the important thing is that the users using the devcies stay off-line sergated in the sense is what i mean

7: see 4.1 pretty sure alot of us care i know i do , your speaking from a perspective of someone who doesn't even use the service that just wants to tinker at the end of the day i got fed up with waiting for updates i just wanted to play the latest games - we all saw what happend to the PSP sence i don't want to see a repeat even if it wont go that far the problem is as outlined a few times this opens the door to homebrewd cheat devices as well - this sort of stuff in terms of scale happens all the time on the PC market , the online community just isn't big enough to deal with these sorts of problems .

just want to make this clear wili we have opposing views zhou, if i had all the money world would i:

stop you ?
would ban macro boards ?
chase after the software makers ?

i could go on but the answer is no! , willi i respect your oppion , i don't support or respect what seems to be a total lack of understanding here ethics included

youl notice im refering to teh mod chip not the micro boards

the chip uses sony code .

Jaws

1 year ago

Well, with most pieces of hardware it is pretty much technology that belongs to the company you bought it from. Even though you own it, the tech inside is still more or less their property.

This is why third party companies need to apply to the likes of Sony or Microsoft for example if they want to make peripherals supported by the respective console.

I don't think it's fair personally for companies to dictate exactly what you want to do with the device once it's in your hands (Sony removing Linux from the PS3 was a horrendous move) so long as you are not blatantly using a modification to steal software, which is completely unacceptable.

I have previously cracked my Playstation Portable, Nintendo Wii and my iPhone 3GS to enjoy things outside the box and it really opens up what you can do with each device.

It's a shame, but not surprising that companies will defend their intellectual property fiercely to the point of dictating exactly what the consumer can see and do to the nth degree. Let's be serious though.. they are in it for the money folks, afterall.

I for one am more interested to hear about the result of the class action (if any has emerged thus far) that many outraged PS3 owners took part in after Sony removed Linux support from their machines. I think that's a fair stance to take.

Zhou

1 year ago

Well Mike, I guess we'll need to agree to disagree. I'll respect your opinion and would rather just put it all behind us. Its just when people autmatically go PIRACY PIRACY! WONT SOMEONE THINK OF THE CHILDREN?!?!?!?!

sigh.

I couldnt care less about the psjailrbeak, however, psgoove wasn't shown to actually contain sonys code I'm pretty sure.

Feel free to prove me wrong though.

*edit*

my response seems rushed because im in a tutorial.

Ill be back to write a proper reply.

Jaws

1 year ago

Zhou wrote

However I'm more than sure ... other anti piracy fanatics would beg to differ.

Anti piracy fanatics? That's an interesting label Zhou. It's like coining the term, "Anti r@pe protestors".

How is piracy at all beneficial to anyone at all in any positive way? Before you say it... yes, by pirating software you save your money, but that's because it is flat out stealing mate. That act in itself can hardly be counted as positive. The only true anti piracy fanatic, if there can be such a term; is the companies themselves who are rabid about people ripping them off. If using piracy as a scapegoat will help their cause in search of more profit for their investors then so be it!

Don't forget that a company like Sony doesnt want their consumers to feed themselves, metaphorically speaking. They want to be the ones that put the spoon in your mouth, with the contents on the spoon and amount they charge for them to be their decision alone.

I'm sure Ozmodchips and other such companies knew the risk they took in importing and selling these devices. Obviously some lessons were forgotten after Sony sunk Lik-Sang to the bottom of the retailer ocean.

If you arent happy with the way Sony are doing things to cover their ass (whilst making a decent coin on the side, of course) I suggest investing in one of these. I promise that you won't get in trouble for tinkering with it

mikezilla2

1 year ago

Zhou wrote

Well Mike, I guess we'll need to agree to disagree. I'll respect your opinion and would rather just put it all behind us. Its just when people autmatically go PIRACY PIRACY! WONT SOMEONE THINK OF THE CHILDREN?!?!?!?!

sigh.

I couldnt care less about the psjailrbeak,however, psgoove wasn't shown to actually contain sonys code I'm pretty sure.

Feel free to prove me wrong though.

lol yea i have a problem with that as well

but in bold i dont no about PS3 grove but those are 2 conflicting statments , this topic is about the modchip itself - the modchip itself is said to contain code , its probbly true in the sense that you dont care so much about the PS chip its just the new " it thing" and one thing constuies another but obviously yuov defended the chip more then once in here and else where , using that marco borad and using the chip that is now not allowed are 2 diffrent things wili enabling the same stuff at the end of the everything i guess in a word sonys code is used to jailbreak it from what i recall theres a few conflicting reports on wheher the code is port of the PSP jig - thats somthing else all together

agree to disagree but i cant when stuff like that is a foot

Bonzracer

1 year ago

"How is piracy at all beneficial to anyone at all in any positive way? Before you say it... yes, by pirating software you save your money, but that's because it is flat out stealing mate. That act in itself can hardly be counted as positive.

I'm sure Ozmodchips and other such companies knew the risk they took in importing and selling these devices. Obviously some lessons were forgotten after Sony sunk Lik-Sang to the bottom of the retailer ocean."

I can't help but agree with <b>Jaws</b>

Everyone has a choice nobody forced your console purchase and there are other options avilable if your not happy with having to keep it in the manufacturers standard spec.

Far too many people expect that modding is a right, and for that matter piracy is justified, obviously Sony would sell more consoles if they could be chipped, regardless of method used and i am sure they know that.

But i for one would like to see the ratio of those who genuinely homebrew, compared tho those who just want cheap dodgy games, screwing anybody in the industry who actually deserves the money they earn out of providing you with the games and entertainment you want to experience.

And not just lining the pocket of your thieving backyard hacker with a internet connection and no conscience.

RXWAG

1 year ago

Jaws wrote

How is piracy at all beneficial to anyone at all in any positive way?

I know this is off topic but I think early stage piracy in the music industry (yes i realise we are talking about games in this forum) actually helped a lot of bands prosper and increased sales of their cds.

It helped me to become fans of a lot more bands but now with the preview feature on itunes I no longer feel the need.

Anyway I have to agree with Zhou on this one and Benza for that matter.

Bonzracer

1 year ago

Problem is that i reckon your talking about a time where the opportunity to "spread" music would have been more based around word of mouth and person to person contact.

Things back then are hardly comparable with a vastly less advanced technology, not to mention no MP3's right, so the potential damage to an industry was far less significant then than it is today.

Benza

1 year ago

Quote

How is piracy at all beneficial to anyone at all in any positive way?

Ask Brazil
There is a huge push to legalize file sharing in Brazil and use it as a promotion for selling scarcities.

Quote

First, we've looked a few times at how the super popular technobrega music industry has thrived by embracing giving away music and using that to build up fame and business models based on selling scarcities -- such as live shows.

Quote

Basically, the plan has a few parts, but the big one is the idea of legalizing non-commercial file sharing in exchange for a broadband levy of 3 Reais -- or about $1.74 US.

RhysDeschain

1 year ago

Please. Whenever something like this comes up people get on their high horse and whinge "I bought it, I should be able to do what i want with it. I'm not using it for piracy if I own... blah blah blah."
****.
The only thing people use these devices for is piracy, pure and simple, and don't try and get all high and mighty and say it isn't, because you *KNOW* it is.
I'm all for anything that prevents harm the industry, no matter how small, and so think this ban is a great thing.

JmiYeo

1 year ago

RXWAG wrote

I know this is off topic but I think early stage piracy in the music industry (yes i realise we are talking about games in this forum) actually helped a lot of band prosper and increased sales of their cds.

It helped me to become fans of a lot more bands but now with the preview feature on itunes I no longer feel the need.

Anyway I have to agree with Zhou on this one and Benza for that matter.

Piracy in music is significantly quite different than piracy in games.

There are many more ways a single piece of music can generate money from and music is effectively forever once composed and can keep generating revenue forever.

For games, popularity doesn't last as long as music does, and even if it is popular, it is very likely it doesn't generate as much as music as it ages as games are tied more to the mode of transportation more than music are.

For instance, for a PS3 game can only be played on a PS3. Maybe PS4 or PS5 in future but a port will have to be created which will involves more dev work than re-creating music to another medium. That is because the underlying framework in game codes are not forever the same while music, since it is created, are based off musical scores.

RXWAG

1 year ago

^^Yeah I realise this but Jaws question was "How is piracy at all beneficial to anyone at all in any positive way?"....so I gave an answer to when piracy was beneficial and didn't even try to make it relative to gaming.

Geez in my younger days with no job and with very limited money I had a hell of a good time with my PS1 when my mum said I could get it chipped and had my sister/parents bring home games from Bali most of which I would never have been able purchase. I'm not saying it is right but most of the developers where never going to see my money anyway.

What it did do though is introduce me to which developers did make quality titles and now that I have the coin I buy their games and it kept me more interested in gaming. If I only had 2 or 3 games on my PS1 due to cost I might have given gaming away long ago.

EDIT: Sorry Mikey, I agree that once I purchase it I believe it is mine and I am free to do with it as I please. Like my car. I would be pissed if Subaru didn't let me make a couple of changes to my car. In saying this I very rarely, if ever, go online with my ps3 so I guess I could do as I pleased.

mikezilla2

1 year ago

i think it is your last statement that is some what confusing , you havent put forth your views but your impliying that there the same as benzas / zhous ?

Benza

1 year ago

Quote

The only thing people use these devices for is piracy, pure and simple, and don't try and get all high and mighty and say it isn't, because you *KNOW* it is.

Sorry but that's ****.

My flashcard on my DSi (Wich is now illegal), it's main use is for the fact it has a superior mp3 player to the built in one (Allowing you to pause and skip songs with the shoulders while the system is closed, a freeware personal organizer, and a free flip book program.

There are also numerous cases of people putting Linux on there PS3's and running there own programs on them, using clusters to replace expensive super computers in complex systems. source

There is plenty of homebrew available on the PSP too, from ports of freeware games, to bit torrent clients and more.

Of course there isn't a homebrew community for PS3's yet but it's simply ignorant to say that people wouldn't use a hacked PS3 for home brew.

Zhou

1 year ago

I know I said I would come back and write a proper reply but from looking at all these amusing conflicting views, I think I couldn't care less about writing a proper rebuttal.

I would however, like to clear things up.

In my earlier statements about anti piracy fanatics etc etc I meant it in the context of people who automatically yell foul! at the idea of modchips etc etc.

Yeah. I got a microcontroller.

Have I flashed psgroove onto it? Yes.

Have I illegally pirated any games? No.

Do I plan to? No.

Will I make use of homebrew such as hopefully ps2 emulators and the such? Yes.

Instead of automatically seeing them as a piracy device, why not see them as opening the door for new possibilities. As Benza says, the homebrew community is not really established yet since its only been like a week since psgroove was released. However once it really starts to take root, I am confident we will see a plethora of awesome apps.

In closing, I'd like to say Ill have nothing to do with this loltastic flame war anymore since this is an argument that simply can't be won. I must say though, I'm impressed the negs haven't started flying yet. Well done Gentlemen.

JP2daMC

1 year ago

I'm with most of the posts here. Mods generally equal piracy in 90% of cases.

Sure Benza, people like you might be doing the right thing, but most aren't.

The PS3 does nearly everything, so the need to "mod" it is greatly reduced compared to something like the DS.

The technology is the property of Sony, pure and simple. The law is pretty clear and Sony is well within its rights here.

JP2daMC

1 year ago

Zhou - as far as I can tell, you're the only one even mildly inciting a flame war. Everyone is being pretty reasonable as far as I can tell, differences of opinion and all.

mikezilla2

1 year ago

Zhou wrote

rubbish , ether 1 your worried about what may invoke or 2 cant think of anything , i barely managed to type my input ,

yes all fine and dandy i am pleased you decided to clear that up

see the problem here once again is that you cant quite see it from an online perspective nether you or rx go online at all and thus have also stated you nether care for it thats the problem i have relly , is that as time gos on the worst of it will be , bans ( for those that care) , copied games ( cant be helped) and cheating if they bypass the way to detect stuff and they will so having said that the last 2 years alone have been the most fun iv ever had online in a game with cheats mostly being restricted to COD ( cant really stop that bloody game is coded like a PC game) , that may be an entrily different argument but that at its core is the consent reson i keep hering some of the posters terms of why they are going this route .

just a lil note for benza and anyone else , mod chip was made with piracy at the forfront why ? by default it was going to be shipped with a back up manger , now you may claim back ups have there perpsoes and i may agree but not so much in this instance, now the current method they claim has that blocked out on perpsoe - how ever work has already begun to reverse and reinstate that option , so already the community is divided

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