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PS3 Jailbreak Now Legal In Spain

deek writes "Spanish gamer site NicaGamerz.com have reported that it's now legal to sell the PS3 Jailbreak modchip in Spain (Google translation of Spanish original). According to the article, one reason for the legal ruling is because Sony removed the ability to run GNU/Linux on the console. One can only wonder if Sony will soon rush out a firmware update that will re-enable the OtherOS feature, and appeal the court decision. Oh the irony of that thought. The legal ruling was made on the 13th December (Google translation). There are only 5 days to appeal, starting from that date."

23 of 113 comments (clear)

  1. Its a shame by ickleberry · · Score: 3, Insightful

    That it was ever illegal in the first place. That the supposedly democratically elected government would ever support the notion of a company retaining control of and restricting a device that they don't own anymore.

    1. Re:Its a shame by joaosantos · · Score: 5, Informative

      The court ruled that it was already legal, what happened was that sony had asked the court to suspend the sales of the modchip till the legality was decided by the court.

    2. Re:Its a shame by joaosantos · · Score: 2

      In Spain (and in many other countries) there is a legal instrument called preventive measures, that, in some cases, you can use to prevent an activity that you think is illegal till the court gives a ruling on the matter.

    3. Re:Its a shame by Moryath · · Score: 3, Informative

      Usually, this isn't used as anything but a bludgeon to try to run your opponent out of money or force them to lay all their staff off and pray they can still hire back enough of the talent to resume production/innovation/sales on finalization of the court case.

      You can "win" by convincing a dumbass judge to give you "preventative measures" in the US, dragging the court case out for 3-5 years on frivolous motions and "new requests for discovery", and waiting till the small company you're abusing defaults lack of funds even if, in a society where judges actually had two brain cells to rub together, you should have been laughed out of court on summary judgement in the first 48 hours of the case.

    4. Re:Its a shame by Opportunist · · Score: 2

      And in truly civilized countries such a strategy can backfire badly because if the court decides you just attempted to stall the competition they can sue the pants off you and get them.

      Don't try that here. A friend of mine was once the target of such a "strategy". He said it's the best that could've happened to his company. Essentially, his competitor saved him.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    5. Re:Its a shame by poetmatt · · Score: 2

      uh, because in a lot of legal stuff when it's not 100% certain they get people to hold off in the meantime until the decision is made?

      It's called "a sound legal decision", even if you and I and most of the world know that modchipping isn't illegal. The idea is to prevent more harm in the possibility that something could be bad.

      Meanwhile, the catch is that the legal system is slow as shit so it puts things in limbo for a long time. Not unlike how don't ask don't tell has been for what, 10 years?

  2. Pressing Questions by polyp2000 · · Score: 3, Interesting

    Would this mean that sony can no-longer lock out users of modded PS3s from things like the Store , etc? As , that was a feature that was also removed if the user continues to make use of the OtherOS function ?

    N..

    --
    Electronic Music Made Using Linux http://soundcloud.com/polyp
    1. Re:Pressing Questions by Opportunist · · Score: 2

      You only added Sony now to that list? They've been on mine since the minidisc recorders that didn't allow you to export your own recordings (ya know, the ones that you own every possible right to) digitally.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:Pressing Questions by tepples · · Score: 2

      Google, Yahoo, MS, Amazon, Comcast, Sony. Man this thing is getting long (and it looks my new console will be a Nintendo).

      O rly? Nintendo has successfully sued a distributor of "R4" modchips for Nintendo DS. I'm done with consoles, and I'll be playing PC games even if I have to make them myself.

    3. Re:Pressing Questions by Opportunist · · Score: 2

      Whoever was responsible for the "no copy" bull, Sony sold those thing explicitly as a convenient tool to make high quality recordings. Being unable to get those recordings out of the MD recorder kinda defeats the purpose entirely.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  3. Great news for Europe by Xest · · Score: 4, Interesting

    Great news for Europe as a whole, due to our common market importing these from Spain means they wont face customs checks.

    Sounds like Spain will make a good distribution base for them.

  4. Re:Other possibility by joaosantos · · Score: 2

    I would like to see them try to it, the European court almost always takes both the consumer and the pro free movement of goods side, so Sony would be screwed in that scenario.

  5. Re:Other possibility by EdZ · · Score: 4, Informative

    OtherOS has not yet been reenabled, but linux is running (over a network, not from the internal HDD) in GameOS mode, which allows access to all the Cell's SPUs and the RSX. It also runs on both the old style 'fat' PS3 and the new slim PS3.

  6. Re:Other possibility by Anonymous Coward · · Score: 3, Insightful

    Does the Jailbreak even bring back the linux OtherOS option yet though?

    Isn't it kind of interesting how this whole thing was supposedly about re-enabling the OtherOS feature. And yet the hackers still haven't managed that, but they have managed to get pirated games running. Meanwhile, we still have people here saying that it's all about getting OtherOS back. Funny how that works...

  7. Re:Other possibility by somersault · · Score: 3, Informative

    Re-enabling the "other os" feature should be low on this list.

    Personally I think it's the only thing that should be on the list, otherwise it just legitimises Sony's claims that they did it to stop piracy. I don't want people pirating games, and I really don't want to be playing against cheaters. I did however like that I could run Linux on my PS3 if I wanted. I tried it when it first came out and it sucked, and when I started hearing that it was much improved in the latest versions, that's around the time they removed the feature. I wasn't impressed. I already have Linux on my netbook though, so overall it doesn't matter to me too much.

    --
    which is totally what she said
  8. Re:Other possibility by Opportunist · · Score: 3, Insightful

    Interesting. I was about to ask the same, why does software reside in a realm of its own? When I usually buy something, I get to use it, modify it to fit my needs (funny enough, the copyright of my country explicitly grants me this right, to "modify software to enable interoperability") and most of all, I also get the right to resell it when I do not need it anymore or consider the money more interesting than the right to use the item.

    It's oddly different with software, ya know...

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  9. Re:Other possibility by somersault · · Score: 4, Informative

    GeoHot. And then he gave up with actually enabling it again, with a total net result of.. losing Other OS. What a douche.

    --
    which is totally what she said
  10. Re:Other possibility by Stevecrox · · Score: 2

    I agree about copy protection on game saves. I own assassins creed 2 the save games are copy protected and I have to ask why?

    With call of duty if you move a save from one account to another you lose the ability to earn trophies. Since game companies can invoke measures like this to stop people skipping things why do we need copy protection on save games?

    Last year myself and my Dad both got Uncharted 2 for Christmas, we took it in turns playing the game on one machine. When we finished I took my save home and replayed the game. This year both of us want Assassins Creed 2 : Brotherhood. I won't play it until I get home because there is no point playing for all that time and then having to go back to the beginning.

    I don't want pirated games, I care nothing for the "Other OS" feature. Giving me the ability to move all my saves onto a USB stick should be top priority. That an firing the Sony Executive who thought copy protecting game saves was a good idea.

  11. Re:Other possibility by slinches · · Score: 3, Informative

    Does the Jailbreak even bring back the linux OtherOS option yet though?

    Yes, it does. There are two ways so far.

    AsbestOS - needs to store the data on a network drive (for now) but has full access to the hardware including the RSX GPU

    Downgrade - If you have a PS3 that originally had Other OS, you can downgrade to version 3.15 which was the last to have the Other OS option.

    --
    Knowledge Brings Fear
  12. In Spain, consitution protects the jailbreakers. by jbssm · · Score: 4, Informative

    It wouldn't be illegal to jailbreak anyway. Spanish constitution grants you the right to do whatever you want in your place has long has you keep it to yourself.

    For instance, you can plant cannabis, as long has you don't sell it to anyone, keep it inside all the time and don't use it with other people there.

    It's a great principle in my opinion. If what you are doing it's just for you, it can't harm anyone and if you are an adult you should be able to do whatever you want in your privacy.

  13. Re:Other possibility by Anonymous Coward · · Score: 3, Insightful

    Save games that will only run on the console they were created on is likely to mitigate the issue that occurred on the original XBox. That is, a specially corrupted save file would cause a buffer overflow and bypass the protection measures of the console. If you can't pass around a pre-corrupted save, then exploits like this can't spread (as easily).

  14. Re:Other possibility by tao · · Score: 2

    An interesting theory, but most likely incorrect. The reason? Not all save games are copy protected; the developers can choose for themselves whether or not the saves are copy protected. If Sony were afraid that buffer overflows in save games could be used for exploits, they would most probably have enforced copy protection on all save games.

  15. Re:Other possibility by exomondo · · Score: 2

    I would be nice if you could buy an unsubsidized version - one that could legitimately have all those abilities because it wouldn't rely on post-purchase sales of software/media to pay for the console. Sure it would be considerably more costly but it would be nice to have the option.