# Sony files lawsuit over PSJailbreak



## Sonicslasher (Aug 27, 2010)

Today, Australian retailers including OzModchips have had to send those that ordered PSJailbreak some unsettling news. The news is that Sony Europe has imposed an injunction on any person selling the PSJailbreak and therefore they have no option but to issue a refund on PSJailbreak. It will take a very brave company to take on Sony! Sony has acted very quickly on the matter and a court hearing between Sony Computer Entertainment Europe and OzModchips is due on August 31st. E-mail revealed inside.

Here's a content of one of these emails:
"We regret to inform you that today Sony Australia imposed an injunction against any company / person’s selling the PS Jailbreak devices, so it is with great regret that we have to inform you that we will not be buying or selling any PS Jailbreak devices. We have just issued a full refund to your card for the pre-order made.

We wish to apologize immensely for any inconvenience this may have caused, and hope that you can understand our position on this matter. Please note the refund we have issued can take approx 5-working days to show on your card.

Best Regards,"

For those wondering, SCE Europe covers the EMEA region which includes Europe and Australia, hence why they are taking action against an Australian retailer. Within the case, there are multiple parties involved including:[/p]


Spoiler



SONY COMPUTER ENTERTAINMENT EUROPE LIMITED
First Applicant
SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LTD
Second Applicant

OZMODCHIPS PTY LTD
First Respondent

RYAN EMMANUEL CARUANA
Second Respondent

GLOBAL SOLUTIONS INTERNATIONAL PTY LTD T/A QUANTRONICS
Third Respondent

KEN TOLCHER PTY LTD T/A MOD SUPPLIER
Fourth Respondent







Source


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## Frederica Bernkastel (Aug 27, 2010)

Aww, I was hoping for a raid :C

_*puts the popcorn away*_


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## Chaosruler (Aug 27, 2010)

Who dares to take on Sony? Team R4 of course x)


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## deathking (Aug 27, 2010)

looks like sony cant protect itself with a firmware upgrade


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## Infinite Zero (Aug 27, 2010)

Well that was quick.


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## Frederica Bernkastel (Aug 27, 2010)

deathking said:
			
		

> looks like sony cant protect itself with a firmware upgrade


Actually, the exploit is so simple that they can.
They're suing to make an example so that people won't try again.


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## Scott-105 (Aug 27, 2010)

It was bound to happen. There was illegal files on the USB stick, I'm pretty sure.


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## Cermage (Aug 27, 2010)

the things already been taken to bits. shouldnt be too long before a DIY for people willing to tackle it pop up here and there.


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## The Catboy (Aug 27, 2010)

Well this was fast and sad news.
Really I hope Sony knows they can't defend themselves forever. If there was an exploit found, it's only a matter of time before PS3 is completely opened.


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## smash_brew (Aug 27, 2010)

I see that so far this only effects Europe and Australian suppliers. You could order it from Canada but i'm sure there will be a similar action taken by sony of north america soon.


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## Bladexdsl (Aug 27, 2010)

saw this coming a mile away


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## superrob (Aug 27, 2010)

Lol that was bound to happen 
	

	
	
		
		

		
		
	


	




 Funny how they thought they could just get away with it... and its SO stupid to try to sell something illegal for THAT much profit


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## Bladexdsl (Aug 27, 2010)

superrob said:
			
		

> Lol that was bound to happen
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## superrob (Aug 27, 2010)

Bladexdsl said:
			
		

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Oh yea! I saw that on the big thread!


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## SnAQ (Aug 27, 2010)

I really hope that the information on how to create one for yourself becomes available, We can´t let Sony win!


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## SifJar (Aug 27, 2010)

Antoligy said:
			
		

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And your evidence for this is....? Please give me proof how you know they can block it.

Anyway, very fast reaction from Sony, Nintendo have a lot to learn from them (look how long it took them to get cases against flash cards)


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## Bladexdsl (Aug 27, 2010)

hackers have got hold of these already and are prob in the process of making their own and turning it into a soft mod. sony won't be able to stop them


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## dreassica (Aug 27, 2010)

Even then, they can circumvent by just selling  a usb jigkick with an empty  atmega chip on it and a serial connector  so ppl can flash it to the chip themselves.


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## ether2802 (Aug 27, 2010)

SifJar said:
			
		

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Have you seen how many systems does Nintendo sells...?? do you think they care to take down the flash cards...??


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## gifi4 (Aug 27, 2010)

Knew it would happen, but damn that was quick, Sony really hates Piracy.


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## XXLANCEXX (Aug 27, 2010)

DAAAAAMN That was fast lol


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## Tokiopop (Aug 27, 2010)

Scott-105 said:
			
		

> It was bound to happen. There was illegal files on the USB stick, I'm pretty sure.


NEVER  
	

	
	
		
		

		
			





But I doubt this will stop it from being sold.


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## MelodieOctavia (Aug 27, 2010)

I just lol'd hard.

I can just see how this is going down....

Ozmodchips: uhhh...Were kinda being put between a rock and a hard place here. I need to ship these back to you.

Supplier: NO! NO REFUNDS! GOOD DAY TO YOU SIR!


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## trumpet-205 (Aug 27, 2010)

First Bleem now PSJailBreak.

Sony really hates piracy.


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## Rydian (Aug 27, 2010)

Scott-105 said:
			
		

> It was bound to happen. There was illegal files on the USB stick, I'm pretty sure.


1 - The jailbreak device isn't a USB stick.  You need to download the backup manager and put it on your own flash drive (or harddrive, IIRC) yourself.

2 - The backup manager being made with a leaked SDK doesn't mean that it's illegal.  If you steal a hammer and build a shed with it, is the shed stolen property?  The only possible problem could be if the SDK inserted sony-owned media (like the logo and some images) into the compiled executable, but those could just be hex-edited out afterwards.


They most likely got it based on the whole "the only purpose of the device is to pirate games and it's extremely obvious" thing.


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## zant (Aug 27, 2010)

dudeonline said:
			
		

> I just lol'd hard.
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> I can just see how this is going down....
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That means free for us, as they cannot sell them 
	

	
	
		
		

		
		
	


	




But seriously, the whole "send the empy chip and flash the jig at home" trick should be legal and work. Just host the files on Rapidshare/Megaupload/Bittorrent, where Sony can't regulate those files.


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## TheYummyKenshin (Aug 27, 2010)

I read this on another site.  I heard part of the injunction was that the devs of this has to send some of the sticks to the courts so they can examine it.  I think Sony couldn't figure out what they did so they need some samples to create firmware to block it.


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## SifJar (Aug 27, 2010)

trumpet-205 said:
			
		

> First Bleem now PSJailBreak.
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> *Sony really hates piracy.*


Shocker.


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## MFDC12 (Aug 27, 2010)

zant said:
			
		

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uhhh what?
they can send takedown requests to both rapidshare and megaupload.
torrents can be removed if the tracker complies with it (although chances are it would just pop up again anyways) and harder to kill (thank god for dht hahah).


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## Jamstruth (Aug 27, 2010)

Rydian said:
			
		

> They most likely got it based on the whole "the only purpose of the device is to pirate games and it's extremely obvious" thing.


But you can't pirate games on it. You have to have the game to rip to your Harddrive, brunt Blu-Rays don't work. That said you could just rent the game


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## .psyched (Aug 27, 2010)

MFDC12 said:
			
		

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Does sending the file through the IRC change anything?


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## MFDC12 (Aug 27, 2010)

.psyched said:
			
		

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well chances are sony probably wont crack down on individuals on irc. possibly xdcc bots dedicated to it, but even then, i doubt it


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## TheYummyKenshin (Aug 27, 2010)

BTW, if anyone cares the details of the court injunction are here. 
https://www.comcourts.gov.au/file/Federal/P...27/2010/actions
Click the + next to court events and orders to get the actual document.

The part that annoys me.


			
				QUOTE said:
			
		

> (b)	an order that such limited number of PSJailbreak Devices as to the Court seems appropriate be released to the Applicants and their advisers (technical, legal or otherwise) for such analysis, including destructive analysis, as the Applicants think fit, upon the payment to the applicable respondent of its retail price for each such PSJailbreak Device.


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## djbubba2002 (Aug 27, 2010)

i got this on PSX

We can confirm that PSJailbreak is in fact no simple clone of Sony´s “Jig” modul, instead it´s an honest, self developed exploit. The Chip inside is no PIC18F444 but an ATMega with USB-software. That means that the chip is capable of internal USB emulation. PSJailbreak mainly emulates a 6-port USB-hub to that several USB-devices get connected and disconnected in a speciffic sequence. One of these devices has the ID of Sony´s “Jig” modul, so that means that the “Jig” played a certain role during the development of PSJailbreak.


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## EpicJungle (Aug 27, 2010)

Everyone knew this was coming 
	

	
	
		
		

		
		
	


	



Let's hope there will be a DIY thing


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## cobleman (Aug 27, 2010)

Sony had a big part in the copyright laws of today(in our favor lol) when they won the Betamax Videorecorder case which started in the late 70's. Had they lost that we would of only had Video players instead of VCR'S here is a link to the outline of the case http://en.wikipedia.org/wiki/Sony_Corp._v....al_City_Studios


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## Thoob (Aug 27, 2010)

Well, you can't say this was unexpected. I doubt I'd have picked one up anyway, I play online too much so I wouldn't want to risk a ban.


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## Rydian (Aug 27, 2010)

Jamstruth said:
			
		

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You can download the already-ripped games from the net.  Yes, people have already uploaded a few.


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## _Chaz_ (Aug 27, 2010)

Oh no!

Who could have seen this coming?!


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## MelodieOctavia (Aug 27, 2010)

This is like every episode of House where people are surprised that he's back popping pills...again. Seriously, no one saw this coming?


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## DigitalDeviant (Aug 27, 2010)

we'll see how long this will take effect in north america.


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## BobTheJoeBob (Aug 27, 2010)

Sony were quick to act. Meh, wasn't gonna buy it anyway.


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## jalaneme (Aug 27, 2010)

get fucked sony, dam scum!


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## Matthew (Aug 27, 2010)

djbubba2002 said:
			
		

> We can confirm that PSJailbreak is in fact no simple clone of Sony´s “Jig” modul, instead it´s an honest, self developed exploit. The Chip inside is no PIC18F444 but an ATMega with USB-software. That means that the chip is capable of internal USB emulation. PSJailbreak mainly emulates a 6-port USB-hub to that several USB-devices get connected and disconnected in a speciffic sequence. One of these devices has the ID of Sony´s “Jig” modul, so that means that the “Jig” played a certain role during the development of PSJailbreak.



I wonder were they got the Jig from


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## GameWinner (Aug 27, 2010)

So they couldn't block USB ports, so they thought it through......SUE!


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## Phoenix Goddess (Aug 27, 2010)

Ahahahaha, I knew this would happen, hilarious.


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## ThatDudeWithTheFood (Aug 27, 2010)

China to the RESCUE!!!!!!!!!!!!!!!!!!


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## DigitalDeviant (Aug 27, 2010)

could someone direct me to the article that confirms(or denies) x3jailbreak clone working or not?


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## emigre (Aug 27, 2010)

jalaneme said:
			
		

> get fucked sony, dam scum!



Damn Sony for protecting their product! Damn them to hell.


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## geoflcl (Aug 27, 2010)

Wow, I have to admit, Sony was pretty prompt on taking action against this. And why shouldn't they? Up until now, the PS3 was beheld as the "unhackable console". But I'm afraid it's going to take a lot more than a petty lawsuit to curb the PS Jailbreak. Or rather, that's what everyone's hoping!


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## Phoenix Goddess (Aug 27, 2010)

I don't blame Sony for taking quick action before things got out of control.

What I don't get are people angry about it 
	

	
	
		
		

		
			




I'd be pretty flippin pissed off if someone tried to hack something I took years to create.
Then again, I do so with games v_v

Something like this was 99.9% predictable.


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## chrisrlink (Aug 27, 2010)

oh well I seen it for $129 USD to high of a price if you as me in two ways but i wonder if that ruling would hold about the hacking iphone ruling could be applied then again the only thing it can do currently is practicly piracy only man the day a global ban on such devices for any system  is the day nintendo,sony,microsoft gets Molotov cocktailed  by angry piraters (I don't condone the use of violence myself)


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## megawalk (Aug 27, 2010)

smash_brew said:
			
		

> I see that so far this only effects Europe and Australian suppliers. You could order it from Canada but i'm sure there will be a similar action taken by sony of north america soon.


eBay
that will provide more then enough


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## DigitalDeviant (Aug 27, 2010)

megawalk said:
			
		

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ebay will eventually block the direct selling of this one could mislead ebay but yeah thats annoying.


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## megawalk (Aug 27, 2010)

what ?! block eBay ?! NOOOOOOOOOO
ahh well the possibility is there but games/software/hardware will sometimes go for other names and still sell


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## WiiUBricker (Aug 28, 2010)

I say the USB dongle is a big big fail.

Btw, it seems that OzModChips.com  recieving pre-orders again.


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## Deleted_171835 (Aug 28, 2010)

Well, that was expected.
Luckily, it was only in Australia and not in other places. I'm not sure how they'll win a court-case. The PSJailbreak can be used for homebrew and game backups. Sony has the right to release a firmware update to stop the device from working but to sue OzModchips is just absurd.
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BTW, new news.



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.[/p]



Source
They can't sell the modchips until the 31st of August.


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## redact (Aug 28, 2010)

i don't see what the basis for this suit is...
as was reveled, this is not an outright clone of stolen sony hardware but instead an actual exploit (or series of exploits) and the stolen-sdk-compiled backup loader does not come included with the device so what the fuck should stop these from being sold in a country where modifying your console is legal?

also, this opens the door for homebrew so can't it sort of fit into the same category as ipod jailbreaks which are completely legal and fine not just here but recently in america too...


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## Cablephish (Aug 28, 2010)

At's my Sony, way to take swift action.


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## DigitalDeviant (Aug 28, 2010)

SoulSnatcher said:
			
		

> Well, that was expected.
> Luckily, it was only in Australia and not in other places. I'm not sure how they'll win a court-case. The PSJailbreak can be used for homebrew and game backups. Sony has the right to release a firmware update to stop the device from working but to sue OzModchips is just absurd.
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this is interesting, we'll have to wait and see.

not to worried though, I'm sure plenty of chinese sites will be selling them.


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## Rydian (Aug 28, 2010)

mercluke said:
			
		

> i don't see what the basis for this suit is...


This is a temporary injunction to stop the devices being sold long enough for Sony to actually gather themselves and make a proper suit.


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## iNFiNiTY (Aug 28, 2010)

mercluke said:
			
		

> i don't see what the basis for this suit is...
> as was reveled, this is not an outright clone of stolen sony hardware but instead an actual exploit (or series of exploits) and the stolen-sdk-compiled backup loader does not come included with the device so what the fuck should stop these from being sold in a country where modifying your console is legal?
> 
> also, this opens the door for homebrew so can't it sort of fit into the same category as ipod jailbreaks which are completely legal and fine not just here but recently in america too...



The Sony debug firmware is on the device... it's blatantly illegal.


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## Rydian (Aug 28, 2010)

iNFiNiTY said:
			
		

> The Sony debug firmware is on the device... it's blatantly illegal.


No, that's false.
The debug functions exist in the PS3, they are just normally blocked off.  The device communicates with the PS3 and convinces it to boot into that mode.


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## Schizoanalysis (Aug 29, 2010)

Rydian said:
			
		

> The debug functions exist in the PS3, they are just normally blocked off.  The device communicates with the PS3 and convinces it to boot into that mode.



If that's true ~ Sony has shot itself in the foot...


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## Bladexdsl (Aug 29, 2010)

Rydian said:
			
		

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and i thought nintendo were stupid


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## Rydian (Aug 29, 2010)

It's the same sort of deal as the Pandora Battery for the PSP, it boots the system into a diagnostics/repair mode.  In the PSP's case, it's how they fixed firmware bricks when you send it in.  So when they removed it, they need to use more expensive methods to fix the devices (or just send you a new one in return), so actually keeping the "recovery" mode in is a good idea and is cheaper... as long as people don't manage to find and exploit it.


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## .Chris (Aug 29, 2010)

Infinite Zero said:
			
		

> Well that was quick.


unlike nintendo!


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## MFDC12 (Aug 29, 2010)

Rydian said:
			
		

> It's the same sort of deal as the Pandora Battery for the PSP, it boots the system into a diagnostics/repair mode.  In the PSP's case, it's how they fixed firmware bricks when you send it in.  So when they removed it, they need to use more expensive methods to fix the devices (or just send you a new one in return), so actually keeping the "recovery" mode in is a good idea and is cheaper... as long as people don't manage to find and exploit it.



service mode is still there in new psps... we just havent found out how to actually use it ourselves (we need the preipl key iirc)
the last 2000's could be put into service mode, just the magic memory stick wont work. they changed the method in 3000's though


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## sjones900 (Aug 30, 2010)

It will be interesting when someone creates away how to replicate the devices at home, I'm not at all interested in the opportunity for piracy.. but the chance that the other OS feature will be restored and ported over to the PS3 slim. Now that will be reason enough for me to get a PS3. I'd PC game on it in sometimes, but it would mostly be a work horse computer.


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## Rydian (Aug 30, 2010)

sjones900 said:
			
		

> It will be interesting when someone creates away how to replicate the devices at home, I'm not at all interested in the opportunity for piracy.. but the chance that the other OS feature will be restored and ported over to the PS3 slim. Now that will be reason enough for me to get a PS3. I'd PC game on it in sometimes, but it would mostly be a work horse computer.


Well, with OtherOS the graphical capabilities of the PS3 are shut off (the OS can only use a frame buffer driver, so forget 3D gaming), but since the jailbreak device lets it run unsigned code... I suppose modifying a linux distro to run on it wouldn't be too hard, my concern will be a proper graphical driver, to make use of the GPU for gaming.


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## sjones900 (Aug 30, 2010)

Rydian said:
			
		

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I'm sure it will come in time. Even just using it as a nice work computer would be nice for me.


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