PS3 Modchips Banned In Australia

Despite the fact that a 2005 Supreme Court ruling determined that video game console modchips were legal under Australian law, the nation's Federal Court has ruled that the new PS3 Jailbreak modchips are to be outlawed down under.

Earlier this week, a temporary block on the sale of the devices was ordered, but yesterday the Federal Court determined that the ban is to be made permanent.

All devices currently in the country are to be handed over to the courts, the four retailers named in the suit must hand the profits made from preorder sales over and they must also pay the legal fees associated with the case.

It's the second time this year an Australian court has banned the sale of a console modification device, following a decision in February to bar sales of the R4 cartridge for the Nintendo DS.


    but the software is freely available now online isn't it? USB drives can be bought from woolies these days. Does this do anything?

    I mean if someone was interested in doing this, instead of spending a hundred bucks or so, they will buy a 8gb usb stick and download it themselves?

    Not saying it is good or anything, but this will hardly even act as a deterrant would it?

    And how can they then not ban modchips, or even the sale of the xbox 360 DVD rom that allows the reading of 360 discs???

    Seems like there are either double standards or Sony/Nintendo just made more noise???

      Good to see. If your worried about backups of your games then perhaps you need to take better care of your discs. If your wanting cheap pirate games your a @#$! and I don't care if this upsets you.

        Not everybody who wants these is a pirate. Discs do not last forever. It is far too easy for a disc to, for whatever reason, end up damaged, and it is hardly unreasonable for one to be able to backup their own games so they're not required to buy a new copy when their own one is damaged.

        But hey, they should just take better care of their discs, right? It's not like they could get stolen or anything.

          I support the argument that not everyone who wants these sorts of items want them for piracy purposes, however does anyone have any stats to back this up? How many don't and how many do?

          Industry stats do suggest however that a typical blu-ray disc will outlast the lifespan of your PS3. I would suggest that if you put the disc back in its case and put the case away you have a pretty good chance of the disc not getting damaged.

          Lastly, if your discs get stolen, can you argue that you still own the original to justify having a backup? Afterall, are you backing up a game you own, not one you no longer own (for whatever reason)?

          .....just sayin'.....

            My point was more that physical copies aren't as reliable as data.

              "data" is always stored on a physical medium. If your HDD head crashes bye bye data. I like the backup system the PSP has with Media Go. The PS3 just needs a similar system.
              However at the end of the day if you look after your stuff it'll last I still have PS1 disc's that work. and others still play music CD's from the early 90's.
              The point is that if you look after your stuff it'll last. You guys complaining are the kids that probably melted your GI Joe's under a magnifying glass. Or snapped your transformers because you didn't read the instructions.

                How about things like Steam? You buy a game there, you've got it until Steam shuts down and are always able to download it again. The same applies to games bought from the PSN. It'd be great for there to be such a system for things bought retail but that just isn't going to happen.

                For the record, I have never damaged my own discs. Digital media will still continue to be more reliable than physical media.

              if your game is stolen. Your claim insurance and buy a new copy. I don't keep a back up of my TV or car in the garage for when my primary version breaks.

      The software runs on a USB programmable microcontroller, not a standard USB thumb drive.

      The software that is downloadable also removes the "backup" feature, only really allowing for home-brew. I think this would be seen as quite different in court.

        Actually, you can enable the backup system by changing a few lines of code. After you've done that, it works like the real thinng

    So while i do not support piracy, I do not support this decision.

      I agree with this sentiment.

    They have to handover the preorder profits?

    While I fully support the decision to ban the device, surely preorders should be refunded if the device wasn't actually delivered?

    Although considering what it's used for, if you were actually trying to get hold of one of these things, you probably deserve to lose your money.

      Don't be so ignorant. For starters, this modchip doesn't allow you to play downloaded copies, you can only make a backup from games you actually own. I suppose you could borrow games from a video store and make a backup off them before returning them, but a lot of people would have ordered this chip so they could backup their own games, or utilize homebrew (including linux support, which sony recently removed)

        Homebrew? Backing up their own games? Sounds like YOU'RE being ignorant, or at least hopelessly naive. EB's free 7 day rental service becomes a free game service with this device. And that's what 99% of them would be used for.

        @ Stephen Bogos: Not true, a tool has been released to convert downloaded isos to the psjailbreak format.

          Yep, a SEPERATE tool has been released - the tool itself which was banned is incapable ON ITS OWN of being used for piracy.

    I find it stupid and backwards that when modchips have been deemed legal in Australia has banned a new modchip.... Me thinks there are some under the table dealings from Sony in this decision

      Surely you're not implying Sony would do such a thing?

      Why they've been a member of the music industries anti-piracy campaigns for years, and theres never been a suspicious or over the top court decision in any of those cases.

    Um, I think you mean the High Court.

    The Supreme Courts are the highest courts in each state.

    And this is a bad decision - catch pirates by all means, but devices with legitimate purposes (homebrew, undoing region coding - eg bluray discs that won't play on an Australian PS3 - new apps like an HD version of XBMC) should not be banned.

    The logic behind this decision would've banned the VCR, the audio cassette, the PC, the internet etc.

    So what does this mean for the DIY modchips? I use my N900, can I get in trouble with that?

    I'm not interested in pirating games, but I do hope this leads to enabling region free BD's and DVDs.
    I can't use half my collection on my PS3 because it's region locked!!

    This is a confusing situation, is the previous ruling repealed or does it only apply to these specific cases? How does this affect our rights to purchase region-free devices?

    Give us back 'Other OS' support Sony, if you won't let us use homebrew.

    Shame, would have liked to have seen a home brew media centre app with support for the full range of codecs (native flac support would have been sweet).

      Don't worry mate, this ruling will mean absolutely nothing (apart from resellers not be able to profit from piracy - not a good thing anyway).
      MKV and FLAC wont be far off :D

      This thing has already been ported to the PSP, Nokia N900 and dingux. Android and iPhone ports are on their way - not to mention you can build your own with a $7 microcontroller.

      There are two open source sets of code, PSGroove which does not enable piracy and OpenPSJailbreak which does.

      I have absolutely no sympathy for Sony after their removal of otherOS.

        Here, here. FU, Sony!!

      You guys are weird. You do know that Sony has a Grassroots type service available for starting dev's. And with PSP & PS3 mini's creating an app isn't too difficult. It's actually easier to legitimately create an app for the system 9getting full support from Sony) than trying to backwards engineer it. The only downside is that you'll be making a profit from your sales :-(
      How do you think all these big developers started.... A few guys in a garage who did it properly.

    I think anyone who seriously frets over PS3 piracy needs to look at the situation. This is Australia, internet is a premium privilege at best. To download a 25gb game is almost ludacrious.

    Those people who were prepared to wait their for their week long download to finish are the type of people who'd be happy to find software on the internet to circumvent this court order and create their own stick.

    *Sigh* bad form, Australian courts, bad form.

    Except the librarian of Congress receltly enacted provisions to allow for the use of devices to circumnavigate DRM for backup in cases of reasonable PERSONAL use - so why are we even having this argument ?

    i would assume that only applies to America Francis.

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