Jailbreak injunction upheld

   Sony has prevailed against the Jailbreak - an Australian Federal Court has issued an order that prevents the mod resellers named in Sony's injunction from selling, distributing, or offering the Jailbreak in Australia.

The text of the court order follows below:

THE COURT ORDERS BY CONSENT BUT WITHOUT ADMISSIONS, THAT:

1. Upon the Applicants undertaking to the Court to:

(i)submit to such order (if any) as the Court may consider to be just for the payment of compensation, to be assessed by the Court or as it may direct, to any person whether or not a party, adversely affected by the operation of Orders 3 to 5 set out below or any continuation (with or without variation); and

(ii)pay the compensation referred to in (a) to the person or persons there referred to.

1.2 ORDERS that, until further order, the First, Second, Third and Fourth Respondents and each of them, whether by themselves, their servants or agents, be restrained from doing any of the following acts with respect to all and any Universal Serial Bus devices described as "PSJailbreak" in Exhibit PJC-1 of the affidavit of Peter John Chalk sworn on 26 August 2010 and filed herein, as packaged, and distributed or threatened to be distributed by the Respondents (PSJailbreak Devices):

(i)importing them into Australia with the intention of providing them to another person;

(ii)distributing them to another person;

(iii)offering them to the public;

(iv)providing them to another person; and/or

(v)otherwise dealing in them.

save that it will not be a breach of Order 2(a) for the First or Second Respondent to import all and any PSJailbreak Devices in respect of which any orders were placed prior to 27 August 2010, provided that any such importation is subject to the undertaking in paragraph 5 below.

1.3 ORDERS that, the First, Second, Third and Fourth Respondents and each of them deliver up to the solicitors for the Applicants, to be held until further order, any and all PSJailbreak Devices in those Respondents' possession custody or control.

1.4 ORDERS that, until further order, the First, Second, Third and Fourth Respondents and each of them continue to deliver up to the solicitors for the Applicants, to be held until further order, any and all PSJailbreak Devices that come into those Respondents' possession custody or control (including the sample device referred to in paragraph 7 of the Affidavit of the Second Respondent affirmed on 2 September 2010), forthwith upon them doing so.

1.5 NOTES the undertaking to the Court given by the First and Second Respondents by their counsel:

(i)forthwith to notify the supplier of PSJailbreak Devices (identified as China Sun Trading Limited of China, being the beneficiary of account number 817-374473-838 at the HSBC Hong Kong branch, 1 Queen's Road Central, Hong Kong with SWIFT Address HSBCHKHHHKH) that any goods ordered by the First and Second Respondents are to be shipped to Blake Dawson to the attention of Peter Chalk at Level 26, 181 William Street, Melbourne, VIC, 3000 and not to the First or Second Respondents; and

(ii)to deliver up in accordance with Order 4 above to the solicitors for the Applicants any PSJailbreak Devices received.

1.6 NOTES the undertaking to the Court of Blake Dawson:

(i)to hold any such goods securely subject to any further order of the Court; and

(ii)promptly to notify the solicitors for Respondents of the receipt of any such goods and to supply copies of any documentation received with them.

1.7 RESERVES LIBERTY to the parties to apply on 24 hours' notice, including for the purpose of the First and Second Respondents giving notice on or after 9 September 2010 that they wish the matter to be relisted for the resumption of the Applicants' application for interlocutory relief.

1.8 ORDERS that costs be reserved.