Court extends Australian ban on PS3 modchip sales

As of today, OzModChips.com is still advertising the product (although the site has a "sold out" logo on it

Australia’s Federal Court has extended a ban on a handful of local retailers selling or importing hardware — commonly known as 'mod chips' — that allows unauthorised software to run on Sony’s PlayStation 3.

The court in late August had initiated the ban -- with a temporary cessation date of 31 August -- while court action initiated by Sony Computer Entertainment’s Australian and European arms against three local retailers goes ahead. The action stemmed from the retailers' importation and advertisement for sale of the PS Jailbreak device -- a USB key which defeats Sony's protection on the PlayStation 3.

According to court documents filed late last week, the Australian retailers banned from selling the device are OzModChips and an individual who appears to be involved with the business — Ryan Caruana, Global Solutions International (trading as Quantronics) and Ken Tolcher (trading as Mod Supplier).

However, after further court action last week, Justice Dodds-Streeton, according to court documents posted online, extended the ban indefinitely. It is believed the ban may apply to other retailers not named in the suit -- due to the use of the 'Jane Doe' and 'John Doe' terminology -- may also be prohibited from selling the mod chip until the case is resolved.

The retailers are prohibited from importing the PS Jailbreak device, according to Dodds-Streeton's order, distributing it, offering it to the public, providing it to another person, or otherwise dealing in the device.

Furthermore, the retailers have been ordered to give what stock they have of the modchip -- or what stock may arrive as a result of prior orders -- to Sony, who will hold the devices until further court order.

As of today, OzModChips.com is still advertising the product (although the site has a "sold out" logo on it). But it does not appear that the other two retailers have the device listed any more. Delimiter has been unable to contact any of the retailers for further information on the matter.

According to a lawyer who defended a client against Nintendo in a similar case earlier this year, the Sony case could be just the first of many gaming giant-initiated cases in Australia on the issue of mod chips.

“If history is anything to go by, I envisage many more cases to be settled in favour of the gaming giants before a court is given a proper chance to consider and decide on these highly contentious matters,” said Berrigan Doube director John Cheng last week. “It will take an extraordinary person to really take the fight to the gaming console companies due to the significant resources required and the personal risks attached to defending the allegations raised against them."

But one of the defendants, OzModChips, has vowed to fight the case, in a public statement that has since been removed from its website.

Join the newsletter!

Error: Please check your email address.
Rocket to Success - Your 10 Tips for Smarter ERP System Selection

Tags jailbreakgamesPlaystation 3moddingjailbreaking

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Renai LeMay

Good Gear Guide
Show Comments

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Sarah Ieroianni

Brother QL-820NWB Professional Label Printer

The print quality also does not disappoint, it’s clear, bold, doesn’t smudge and the text is perfectly sized.

Ratchada Dunn

Sharp PN-40TC1 Huddle Board

The Huddle Board’s built in program; Sharp Touch Viewing software allows us to easily manipulate and edit our documents (jpegs and PDFs) all at the same time on the dashboard.

George Khoury

Sharp PN-40TC1 Huddle Board

The biggest perks for me would be that it comes with easy to use and comprehensive programs that make the collaboration process a whole lot more intuitive and organic

David Coyle

Brother PocketJet PJ-773 A4 Portable Thermal Printer

I rate the printer as a 5 out of 5 stars as it has been able to fit seamlessly into my busy and mobile lifestyle.

Kurt Hegetschweiler

Brother PocketJet PJ-773 A4 Portable Thermal Printer

It’s perfect for mobile workers. Just take it out — it’s small enough to sit anywhere — turn it on, load a sheet of paper, and start printing.

Matthew Stivala

HP OfficeJet 250 Mobile Printer

The HP OfficeJet 250 Mobile Printer is a great device that fits perfectly into my fast paced and mobile lifestyle. My first impression of the printer itself was how incredibly compact and sleek the device was.

Featured Content

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?