Dutch Customs May Remove PS3 Consoles From Owners home.

[Nujui]

It seems that LG has now been able to also seize PS3 from the owners home now. The Guardain said yesterday that customs are now taking PS3s from people's home in the Netherlands.
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Source

Source 2

 

[Forstride]

...wat...

That's utterly fucking ridiculous and insane. I mean, Sony deserves to get shit all over, but not innocent customers, especially ones that ALREADY HAD THE SYSTEM.

 

[Zorua]

Damn. Will they be paid for it? This is RIDICULOUS. Imagine the police breaks into your house and takes away your only means of entertainment. What's wrong with the Holland courts? This is UNJUST and ILLEGAL. But anyway, with this case going on, they won't have the money to fight with geohot.

 

[Nujui]

I sort of feel bad for the people that probably just bought a ps3.

 

[shadowmanwkp]

I live in the Netherlands and I haven't read anything about this in the newspaper, be it yesterday or today... The article also isn't focusing on the seizing of consoles from people's houses nowhere in the quoted article of the guardian do they talk about raids and consoles seized at home, in fact: the link to the "guardian article" takes you to a picture on the same site....

Also here's the quoted guardian article from yesterday (again no house raids): http://www.guardian.co.uk/technology/2011/...blu-ray-dispute

The only house in the guardian article is a warehouse >.>" So I call it bull.

 

[fluffykiwi]

Checked the guardian website and they have no such story. Only shipments in warehouses have been seized, and then only until a decision is made on the claims.

 

[p1ngpong]

Checked the guardian website and they have no such story. Only shipments in warehouses have been seized, and then only until a decision is made on the claims.

The story is slightly misleading. But this may happen.

From the Guardian.

"LG has won a court order enabling it to seize all new PS3 across the Netherlands – including those already in Dutch homes – in a dispute that centres on Sony's allegedly infringing use of Blu-ray technology belonging to LG."

 

[shadowmanwkp]

Checked the guardian website and they have no such story. Only shipments in warehouses have been seized, and then only until a decision is made on the claims.

The story is slightly misleading. But this may happen.

From the Guardian.

"LG has won a court order enabling it to seize all new PS3 across the Netherlands – including those already in Dutch homes – in a dispute that centres on Sony's allegedly infringing use of Blu-ray technology belonging to LG."


Then the scource needs to be changed, because it clearly says:
QUOTE

The Guardain said yesterday that customs are now taking PS3s from people's home in the Netherlands.

Which never happened. If it did, it would be front page news, because we're not really too happy if that really happened... I can predict that people will rage over something that never happened, so the best thing to do in my opinion is changing the source to the guardian article

 

[GeekyGuy]

This sounds preposterous! Of course, I live in the U.S., and I don't imagination any such action would be possible here. If true, LG is setting themselves up for some serious blowback. Hackers hating Sony is one thing, but having mainstream audiences loathe you is quite another. I just can't believe they'd be willing to tarnish their PR like that. I think there's more to this story. Maybe they're referring to jailbroken PS3 systems. Either way, "news" from a hacking site should be taken for what it's worth.

 

[ShadowSoldier]

I don't get it. How would customs know if someone has a PS3?

 

[shadowmanwkp]

This sounds preposterous! Of course, I live in the U.S., and I don't imagination any such action would be possible here. If true, LG is setting themselves up for some serious blowback. Hackers hating Sony is one thing, but having mainstream audiences loathe you is quite another. I just can't believe they'd be willing to tarnish their PR like that. I think there's more to this story. Maybe they're referring to jailbroken PS3 systems. Either way, "news" from a hacking site should be taken for what it's worth.

Stuff like this should always be taken with a grain of salt, yes they're able of doing it. But it would take something really severe to make them actually do it. Heck if it happened they would debate it as quickly as possible in the house of commons because it's plain madness.

In the terms of service of a lot of consoles it is stated that if you modify it, it may not work properly, fail to work at all, or will be unable for intended use because of updates. Sure, it MIGHT happen, but it has almost never happened. And usually this is because it would take something extreme to let them take such a move.

Another case is TPB, they got sued in the Netherlands and all access from the Netherlands to the site would be blocked. Was it reasonable? Not at all and it was deemed impossible as well, because of proxies. Afterwards the defense never was really represented and some things on the site were actually legal. Thus it never happened at all and we were scared for nothing...

QUOTE(ShadowSoldier @ Mar 10 2011, 12:49 PM) I don't get it. How would customs know if someone has a PS3?

Also one of those reasons this will never happen. Sure they are ABLE to, but will it HAPPEN? Now that's another case.

 

[GeekyGuy]

Here's a more reputable source, and I didn't see any mention of systems being removed from actual homes. They also cite Reuters as the main news source. You don't get more accurate than that.

 

[Minox]

I find it very unlikely that they'll go after PS3 owners themselves in the Netherlands even if they're legally able to. I'd say it's more likely that they're just trying seize whatever PS3s companies there have in storage to prevent further sales for the time being.

 

[FAST6191]

Ignoring the debate as to whether it actually happened if the console was purchased (in effect imported) after the injunction then as far as I can see there is a well justified case for removal (I am reminded of similar things with jeans in the early 90s although that gets a bit more political given the government systems in the relevant countries or perhaps what happened in Australia with certain import games and maybe even Underbelly although that was a different matter).
Likewise if it was a place of business there are other implications- I am not so familiar with Dutch tax laws (there is something of a harmonisation across Europe though) but here my home is registered as my business address and I am arguably in the computing field (remember the PS3 is a computer not a console according to tax laws- Sony saw to this) which could then see me proving personal use (every customs I have ever dealt with wants to be proven wrong before they allow something).

What is interesting though is the Netherlands has a disproportionately large port system for the size and population (certainly they are a hub for a good chunk of Europe).

If however it is an attempted removal from a private residence with no business implications of a machine purchased (and imported although that might provide room for debate) pre injunction then that is a very serious affair and lots of implications and probably a few phrases used in very poor taste.

Regarding the patent case for possible examples see either the fairly recent Australian CSIRO and the wireless patents or indeed further back Kodak vs Polaroid for possible outcomes of this.

 

[Nujui]

Here's a more reputable source, and I didn't see any mention of systems being removed from actual homes. They also cite Reuters as the main news source. You don't get more accurate than that.

Thanks, I will change the source to that.

I was trying to get the source at the other souce I put, but it just lead me to a picture for some reason.

 

[Maedhros]

What you guys are talking about?

Sony appealed the customs blockade, and the court has now lifted the injunction with no more seizures to be applied. LG has also been ordered to pay Sony’s €130,000 in legal fees with an additional €200,000 to be added for each day it fails to pony up the dough.

FOSS Patents owner Florian Mueller said: “If this is true, it is only related to the prejudgment seizure order. This means Sony can resume the distribution of PlayStations across Europe for now, but there will be a full-fledged legal proceeding to determine whether there is an infringement – and if so, how much Sony owes LG for it.”

Last week, LG won an injunction under EU law blocking the import of PS3 units for ten days, as part of the electronics manufacturer’s claim to the BluRay patent, thus stranding hundreds of thousands of consoles in harbors such as Rotterdam and Schiphol.

http://www.vg247.com/2011/03/10/court-lift...-ps3s-set-free/

LG got pwned just now. Seriously, what you guys are talking about?

I'll open a new post.

 

[shakirmoledina]

wow the tables have turned but the initial fact that it was seize-able is quite extraordinary... where is the law these days protecting the ppl.

 

[megawalk]

LG and their damn fearing
bastards....
i think this is ridicule in any form.
in anycase i am lucky i have no ps3.
no intention to get one if they are bickering like this

 

[Oveneise]

I'm surprised LG has the audacity to do this shit. Wheres Batman when you need him?!

 

[GameWinner]

I'm surprised LG has the audacity to do this shit. Wheres Batman when you need him?!

Trying to hide his PS3 maybe