SCE forces German PS3 Break buyers to sign cease and desist letter
Below is a rough German translation stating that Sony is now requesting every buyer to transfer the rights to request the package back from customs over to Sony Computer Entertainment and to agree on the destruction of the device. German buyers of the PS3 Break will have to sign a "cease and desist" that they will no longer import, distribute or use any device that allows or eases bypassing the copy protection of the PS3. If you still do so after signing the letter the penalties start at 5100€. If a buyer even refuses to sign the cease and desist letter they are facing a law suit with a value in dispute of 50'000€ each.
Since then the copy protection system of the Sony game console Playstation 3 (PS3) was circumvented with older firmware designs, offers various on-line shops special USB sticks, with which copy-protected plays can copy and be started on the non removable disk of the console. But German PS3-Besitzer, which had ordered itself such a stick from the foreign country, got post office in the past days of of Sony lawyers: A warning including demand for an omission explanation.
The tariff had become attentive on consignments of goods of USB adapters from Hong Kong, to whose opening sticks with the quite clear designation “PS3 BREAK” showed up. The tariff holds back these first, because in Germany after § 95a UrhG among other things the import of devices, which are suitable to going around a copy protection is forbidden.
Of Sony lawyers it requires now of the orderers that they agree a destruction of the sticks and all requirements on publication of the commodity at Sony Computer Entertainment Europe transfer, festhängenden with the tariff. Beyond that the orderers are to commit themselves by omission explanation to introduce or use in the future no Gerätschaften, which make possible or facilitate an evasion of the copy protection of the PS3. During offence Sony threatens with a contractual penalty at height of at least 5100 euros.
If the orderers should refuse to sign the omission explanation they risk one legal proceedings, which could pull with a set value in litigation of 50,000 euros law costs between 2500 and 4500 euros according to lawyer letters. In addition the costs of the warning would come. If the orderer should sign however within the prescribed period, the warning costs were issued to him.
The legal situation speaks for Sony. It might be extremely difficult to prove before court that a special USB CONTROLLER stick was not intended named “PS3 BREAK” to the evasion of the copy protection of the PS3, even if the necessary software libraries to it to be only still up-played had. To that extent the orderers can estimate themselves happy that Sony makes such an obliging offer for them and at the warning costs first done without. It is a legitimate warning shot before the nose, with which the probably lost costs of the purchase price of the stick should be booked as training money. However the foreign dealers might not make it so easy for the German tariff in the future any longer and mark their goods more harmlessly.
Source: heise online
