Sony Temporarily Blocks Sale Of PS3 Modchips

Yesterday, Sony Computer Entertainment Australia was granted a temporary injunction by the nation's Federal Court to block the importation and sale of the new PS3 modchips.

The injunction means that until August 31, none of the modchip's Australian distributors will be able to import, sell or otherwise offload the devices. What's more, they have to take all the stock they already have and leave them with Sony's solicitors until the August 31 deadline passes.

Sony has from now until August 31 to convince the courts that the injunction becomes a more permanent arrangement (temporary injunctions are designed to maintain the "status quo" until a matter can be settled). If they succeed, it'll mean the end of legal sales of the device in Australia, but if they fail, then once September 1 rolls around the chips will be able to go on sale.

This is an interesting development, since a 2005 Supreme Court ruling determined that the sale of modchips was legal in Australia (though Nintendo was recently successful in banning the R4). We've contacted Sony to see how they managed to get around this, and will update if we hear back.


    Probably because this isn't a mod-chip, it's just an illegal copy of Sony's service hardware.

    Note that the Copyright Act 1968 was amended in 2006, introducing far stricter provision which may nullify the 2005 High Court decision. Also the R4 case is not totally binding as it was settled out of court, but it could be used as a persuasive argument for the Federal Court.

    Also backing up arguments will probably be void due to a recent review by the Attorney-General, which recommended that the private copying of computer games will not be introduced in the s.110AA exceptions.

    oh well the chip woulda been messed with from sony update anyway

    I really hope Sony succeeds with this. Easy piracy has tanked at least the PSP, and Dreamcast in the past, and there's a very real risk of doing the same to the best console ever made(By specification, just to make it clear it's not just my opinion). I'm happy to keep paying for games to make sure I keep getting the best in new games. Developers are just going to get lazy, or not bother at all, if there's no real profit to be made.

    However, Australia isn't really the world's foremost market in games, and as I understand, modchips are illegal in the US, so it wouldn't be as damaging on a wide scale as the PSP being hacked.

      I hope so too. I'm saddened to see devs desert the PSP due to piracy concerns, and fear the same might occur with the PS3.

        If developers leave the PS3 because the games can be pirated and go xbox exclusive they are massive hypocrites (Although it would be a publisher decision). Xbox has been hacked/chipped/modded for ages and pre-release pirated games are extremely common on it.

        No matter when anyone says the PSP was doomed from day dot...

        Then what did sony do? Bring out the PSP Go...

        Whats that do? Lowers retailers ability to seell the hardware and software (which there is none as its all online) and also kills off their own UMD format...

        Sony has a habbit of screwing over retailers and consumers...

        Dont blame piracy for a companies mistake...

        I pirate games yes... But i also buy games i actually like...

        I look at pirating software as free rental...

        Untill the game is an acceptable price (As we all know PC games get bent over due to regional pricing)or actually worth getting./.. Ill download it...

        Good example.. Borderlands... Downloaded it when it came out.. Played it.., Deleted it (didnt really care to much for it)

        Steam sales came around and picked it up and all the DLC to date for $15 and played it for a few weeks (then SCII came out, which i also brought)

        Piracy is not a problem... Its how people stand up for regional pricing and over the top DRM

          A lot of game developement company went down is because of people like you.... the worst part is, you still don't see and admit you are a problem

          The DS is selling well, and piracy is rampant.
          The Xbox 360 has been hacked and still doing well.
          The Wii has been hacked and is still doing well.

          Yet the PSP has been failing due to piracy... gimme a break.

            To clarify:
            I do not agree with piracy, but do agree that Sony have been making their own mistakes, and that DRM is just foolish (it is becoming a situation where the best product is a pirated one).

            Sony's removal of the "Other OS" from the PS3 (I installed ubunto before I even put a game in the drive, and bought a wireless keyboard before the PS3 in preparation) was a decidedly anti-customer move.
            I hope the ACCC step up and kick Sony in the sack like they did with the PS2.

        PSPGo Anyone?

      Do you really think pirating 30gig games onto 10$ a piece Bluray discs is easy? lol.

      I didn't start to pirate games on DreamCast until Sega stopped selling them here. I so needed to play Shenmue 2 and that was the only way I knew how.

      These days of course there is lovely sites like Play Asia or eBay that I can buy import material easily with.

      I know. From what I heard it was the rampant piracy on the PS2 that really diminished the availability of PS2 games for the platform.

      Same for the Wii and DS as well.

    piracy is more rampant on the x360 and that only leads to console sales. which should benifit sony a lot. plus sony has an added bonus that their top tier games are huge and no one would want to download them unlike the x360 which is at most 8ish gig.

    Wow, I feel special. I really don't have the money to support my gaming habit, I'm a poor student, and still I haven't hacked my PSP, DS, Wii, or my PAL PS2. And I most certainly won't be hacking my PS3. Just getting the thing would take at least 2 months of me saving.

    I honestly don't believe there's any justification to pirate games, especially not when you know game developers, and the many sleepless nights they put into these games. The hours they spend just animating one single swing of a sword, so it matches the character's strength, fight style and personality. The stories, the characters, the setting, the beauty of the graphics, all of these things have massive amounts of people working on them, night and day.

    Sure, the corporation is doing it for money, and to begin with, the developers are too, but as it develops, they grow to love it, as if its a child of theirs. And in a way, it is. I'm proud of the fact I haven't hacked any of my consoles, I digress, I've looked into it, but then I remember the developers, and I stop.

    Things like piracy have the potential to destroy the games market. If everyone pirated, do you really think the big companies, Sony, Microsoft, Activision, Square Enix, Sega, Atlus, all of them, would even release games? Of course they wouldn't. Consoles, maybe, if they could play these pirated games, but say goodbye to all the games that these companies develop.

    I do hope Sony win this battle, and if they don't, swiftly take action to stop this chip from working(I'm hoping by frying the insides completely so it won't work again, myself. Sure, never going to happen, but I'm sure it'd teach people a lesson)In fact, I don't doubt they're working on a patch right now.

      get a grip.
      Other than my PS3 and iPhone I have hacked every system I own. Yet I don't "Pirate" games.
      I dump images of games I own onto an R4 so I can play anygame I own on my DS without worrying about taking all the carts with me, and for ScummVM.
      I have CFW on my PSP so I can dump images of the UMD games I own onto the memory stick so I can play them without having to take the UMDs with me.
      I have a memory card hack for my PS2 so I can store images of the games I own on a hard drive and not need to dig through the 100+ I own to get find the one I want.

      I hope Sony lose. I probably will never get one of these, PS3 games are too big to copy onto hard-drive (and I own 30+), so it won't make things more convienient... that said if someone ports ScummVM and makes it Move compatible, or creates a PS2 emulator, I may start thinking about it.

      Hacking the systems YOU OWN to make things more convienient when it comes to "homebrew" and playing games YOU OWN, should be absolutely fine. Yes piracy can be a problem, but you shouldn't take away tools that can have legitimate uses just because there are illegitimate ones.

        See, legitimate use of this technology, I don't really have a problem with, but because the legitimate use of these products is far and few between, it would be better for the gaming market if these products weren't on the market.

        If there products could be restricted to legitimate uses, then I'd be all for them. I myself would take advantage for it for my PSP, as UMDs are noisy and slow, compared to loading off the memory stick

        But I have quite a firm grip on reality, thank you very much. You might not have noticed, but I only mentioned hacking once, and that was to say that I hadn't hacked my consoles, which seems to be a rare thing these days. The main thing of my post was piracy, if you had read it.

    Like the machine gun, the atomic bomb and genetic splicing, its always the malevolent application of the product of good intentions that screws us.

    Of course it would be nice to be able to do this and that, but the fact that 98% of users would be stealing/cheating/profiteering makes it a lot less likely.

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