PS3 Modchip Court Showdown Delayed

A hearing due to take place today to determine the ultimate fate of the new PS3 modchip in Australia has been postponed, Kotaku has learned.

Previously, Sony had sought and been granted a temporary injunction by Australia's Federal Court to block the sale of the devices, ahead of a hearing due to take place on August 31.

Well, August 31 is well underway in Australia, and there's been no hearing, as Justice Kenny, who was originally scheduled to oversee the matter, was not able to attend. Sony and the modchip retailers will thus be making their case on Friday, September 3, which means the temporary ban on the sale of the devices will be extended to that date.


    Bah, I was waiting for the decision all day today for my research. Ah well, Friday it is.

    It's because that kangaroo taxi didn't show up on time to pick up the evidence, and Justice Kenny (best Aussie name) is at the pub. Because thats the way we roll downunder...

      lol @ Justice Kenny...I just keein imagining Kenny from that dunny movie wearing judge's robes.

    are they doing this in multiple countries or is it a we'll do it in australia and see if the precident can help us in the states

      I'm no lawyer, but I don't think a ruling in one nation would have any bearing at all in another would it? I.e. different jurisdictions, different laws, hence a victory (or defeat) for Sony here wouldn't make any difference either way to what might happen elsewhere.

      I don't think it'll make a difference anyway - I suspect they've got a better chance of beating it with firmware upgrades than court battles.

        You're right that a ruling in one country doesn't act as a precedent in another country, however it can be taken into account. The ruling here wouldn't be binding overseas but might be used to try and persuade a Judge to reason in the same way. So this case is still important internationally, though more for the way it is argued than for the actual decision.

    I hope they rule these modchips legal :(

      Can I ask why?

        I've been following the Wii homebrew scene for ages (I got my Wii modded back in early 07) and it's freaking amazing what some of these guys have done with the Wii hardware. Everything from enabling the Wii to playback DVD's, to ports of classic SCUMM games, to completely new games altogether! Just have a look at this video:

        I can't WAIT to see what they can do when they get their hands on the PS3's hardware!

          I was kinda cut when they removed Linux, but it seems fair. The potential for homebrew will be great, but people are just going to use it a means for piracy really. The one solution I'd like to see is a Xbox Indie Games/App store kinda thing released.

            The Linux removal was in no way fair, and it's tragic that the ACCC has not kicked them for it.
            The potential of cracking the PS3 via Linux was incredibly low (the hypervisor saw to that), and Sony never released drivers allowing access to the graphics hardware (putting a crimp in using Linux for gaming purposes). This hack uses a completely different approach from any Linux based approach.

            I do like the Idea of a legit “Home brew” channel for PS3, but it will never happen.

      Yeah, i mean you actually have to physically have the disc to copy it to your hardrive, you can't just download games and stick them on.

        Uhh there's a thing called hiring games for a much smaller price. That's an open door to use these things for piracy. You physically have the disk for a short while but a short while is all you need

    Forgive me for my lack of knowledge on this, but is the PS3 chip on a usb? ie you DONT need to take apart your console? I can see this becoming VERY popular if it is. Almost like the R4 for DS.

      Concept isn't exactly new...

      PS2 had somewhat similar loader via Memory Card. It was looking good at the time but the devs just upped and stopped working on it one day..

      A pity because it would've been a good alternative to Swap Disks for me. I import my JRPGs =P

    This will becertainly interesting to follow. Keep us up to date, Kotaku. (We know you will ♥)

    I Hope it's ruled illegal. For everyone one person that does the right thing 10 douches will do the wrong thing. People who would use it as a cheap alternative need a little more pride.

    I heard that the modchip cant be used with pirated games so i dont know why sony has its panties in a knot for.

      It's the third party software ability that must upset Sony.

      "and allow users to backup games on the hard drive, or run third-party software. "

      It can't play burnt copies, sure, but then what's to stop someone borrowing a copy of the game, backing it up then giving it back? Or Buying from EB, backing it up, then returning it?

    well since ps3 games are not reigon locked, the "we make these to play imported games" argument is not going to work this time like it did for the ps2 modchip case, but at the same time they might use the "we make these to play imported dvd and bluray movies" excuse since for some stupid reason they still reigon lock the movies

      Don't forget the "we make these to enable running programs of our own making, and not just those approved by Sony".

      Although, by all accounts, it appears that this modchip will only allow you to backup your legitimate copy to the hard drive, and play it from there. It'll be hard for Sony to prove that this enables piracy. It certainly enables much convenience for the consumer, though.

        The problem is that backing up of computer games are actually not allowed under the new Copyright Amendment Act 2006 (Cth). Check s.110AA and also the review be the Attorney-General's copyright department regarding private copying of DVD's and computer games.

    it seems PS3 torrents are starting to hit up on the internet, i hope sony wins and patches this really soon

    I really don't understand why people get all up-tight and start defending HUGE, RICH, corporations like Sony or Microsoft. Those guys are just greedy, the pittance they lose because of pirating is nothing in the grand scheme of things.

    You could chip PS1 and did Sony go bankrupt back then?

    And don't start this crap about piracy killed the Dreamcast, we all know that the Saturn was such a turd that people were too scared to try Sega's next attempt.

      Piracy will hurt the devs more than Sony. Pirating games instead of buying them means they lose money, if they lose enough, they don't make a sequel/shut down/get screwed over.

      Their supposed greed justifies theft? =|

      I hope this mentality doesn't follow you into the supermarket or other shops: "If I think the price is too high, I'll have it anyway!".

      Most everybody nicks digital products but having one's head in the sand about the morality of it takes it a lot further.

        Copying an item and taking an item are very different. If I had a ray-gun that made an exact duplicate of a bag of crisps then yes I WOULD use the ray-gun and save myself $2.

        I'd also be way fatter too, because I purchase far less chips than I would copy.

        I'd also be braver to try new things and after finding the product was of a high standard I could be able to justify spending the money the next time.

          They are different but it's still a potentional lost sale. At the end of the day; yes, you will need to buy a packet of crisps to stay alive. Do pirates need to buy a game now and then? Do you suppose if there was no piracy, game sales would remain the same as now except there wouldn't be any pirates? Nooo; there'd be more sales! Certainly not equal to the number of pirated games but much higher than sales figures now.

          Who can honestly say they download a game and finish it to see if they liked it and then buy it to support, afterwards? I know of one person that does that and it's understandable for him because he'll play through the same single-player game 5+ times whereas most gamers will play it once.

    Who the hell cares..

    Mathieulh pwns it up on the hacking scene, once again.

    I'm happy to keep buying my games from retailers like we all should, but if this USB is able to allow the PS3 to remove the region lock from DVDs and Blu-Ray discs, then I'll buy it for that. I have a pile of Region 1 DVDs that I can't play on the PS3 and have to use my crappy old multi-region DVD player (I hate having too many remotes. lol)

      Using the PS3 as a multi region DVD, and BluRay, would be awesome, and home brew whould be great too... especially if they make a ScummVM with move support...

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