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Court removes ban on PS3 jailbreak

Court removes ban on PS3 jailbreak

The Spanish court ordered the lifting of the precautionary measure, applied in September, which prohibited the distribution and sale of USB devices intended to unlock PlaySation 3 and allow the execution of unofficial games and software on the console.

Sony – also ordered to pay the costs of the lawsuit and the damages resulting from the ban, which also covered any type of promotion or advertising for the PSJailbkreak device – will now appeal the decision, said the company’s lawyer, contacted by El Mundo.

According to the publication, the court’s decision to lift the precautionary measures is due to the allegations of the respondents and the evidence presented, which call into question the reasons why the restrictions had been applied.

Among the allegations is the argument that jailbreak is the only means available to users to be able to run their own games and software on PS3 and that its ban was a limitation on their right to «scientific, artistic and technical production» and to the full use of the console – which is not just for original games, but rather «a device capable of doing much more, configuring itself basically like a computer».

For his part, the lawyer for Sony disputes the interpretation of the judge and argues that «it was very clear that those who buy these types of devices do it to pirate games», quotes the newspaper. The representative also classified the decision as unfounded, claiming that the evidence presented by the company was not even considered, since no reference is made to it.

Although with different interpretations regarding its purpose, both parties agreed that the PSJailbreak device is intended to bypass the console’s copy control mechanisms.

Thus, the court considered that devices or activities whose employment or commercial purpose is not to «circumvent» technological protection with the intention of infringing intellectual property rights should not be prohibited.