Sony Wants $16,800 in Damages From ‘Jailbroken’ PS4 Seller

Sony Interactive Entertainment (Sony) is requesting $16,800 in damages from a California man they accuse of selling jailbroken PS4 consoles filled with pirated games. Because the man failed to respond to the accusations, Sony is now asking the court to issue a default judgment for violating the DMCA’s anti-circumvention provisions.

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For many years, the PlayStation 4 (PS4) appeared to be an impregnable fortress for pirates. 

This slowly began to change during the summer of 2017 and, following the release of a new jailbreak version a year later, the popular console has now fallen prey to pirates large and small.

The outburst of piracy prompted the Japanese company to take a stand. Last October, it filed a lawsuit against a California man, accusing him of selling jailbroken PS4s filled with pirated games.

According to Sony, defendant Eric Scales used the handle “Blackcloak13” to sell the jailbroken PS4s preloaded with dozens of pirated games on eBay. In addition, he also maintained his own website, informing people that they can “stop buying games” and use pirated versions instead.

In the months after Sony filed its complaint at the California federal court not much happened, with the defendant failing to respond. This left the gaming company with few other options than to file for a default judgment. 

This is exactly what Sony did last week. In the accompanying memorandum, Sony reiterates its accusations. 

“Defendant Eric David Scales advertises and sells ‘jailbroken’ PlayStation®4  video game consoles on eBay. These ‘jailbroken’ PS4 consoles are loaded with pirated copies of PS4 video games. Defendant Scales also advertises on his website that he provides ‘jailbreaking’ services,” it reads.

From the Memorandum

According to the gaming giant, it’s clear that the defendant infringed the copyrights of dozens of games. However, Sony requests compensation based on violations of the DMCA, due to the defendant circumventing the technical protection measures of the consoles.

Specifically, Sony requests $800 for the two consoles that were sold and another $200 per pirated game, which it sees as separate products that violate the DMCA’s anti-circumvention provisions. With 76 listed games, that brings the total damages to $16,800.

This is a reasonable amount according to the company, which notes that it didn’t include the man’s July 2018 offer on eBay to sell a jailbroken PS4 console with a “170 game collection,” or any of his other offerings. In addition, it’s also far below the statutory maximum damages.

The $16,800 is also warranted since the California man knew that he was breaking the law and failed to show up in court to defend himself, Sony adds.

“This amount is warranted in light of Defendant’s willful infringement and
violations of the DMCA, his refusal to appear in this action, and his acknowledged understanding and intent that his products be used to deprive [Sony] of the opportunity to sell genuine PS4 video games..,” Sony writes.
 

In addition to the damages, Sony also requests $3,458 in costs and attorney’s fees. If the judgment is granted, this brings the total amount owed to more than $20,000.  Sony hopes that the court will issue the judgment. If not, it fears a dangerous precedent.

“[I]f this Court were to decline entry of a default judgment against Defendant Scales, it could set a dangerous precedent, allowing the purveyors of pirated PS4 video games and ‘jailbroken’ PS4 consoles to avoid liability by simply not responding to [Sony’s] claims,” the company concludes.

At the time of writing the defendant’s website is no longer online. The eBay account where the infringing items were previously sold has nothing on offer either. 

Here are copies of the proposed default judgment (pdf) and Sony’s full memorandum (pdf), both obtained by TorrentFreak.

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Here’s why you shouldn’t cremate radioactive dead people

During investigation, researchers found different isotope in crematory operator.

Here’s why you shouldn’t cremate radioactive dead people

Enlarge (credit: Aurich / Getty)

An Arizona crematorium became polluted with a plume of radiation after operators inadvertently incinerated the remains of a cancer patient who had undergone a radioactive treatment just days before his unexpected death.

The Phoenix-based Mayo Clinic doctors who reported the contamination were further alarmed when they found that the crematorium’s operator also had trace amounts of radioactive material in his urine—but from a different isotope than the one found in the recently cremated cancer patient. The doctors published their findings Tuesday in a JAMA research letter.

While the levels of radiation they detected in the crematorium and its operator were unlikely to cause harm, the doctors say the issue needs more attention. They conclude:

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Migrating blue whales rely on memory to find their feeding grounds

In a rapidly changing climate, those memories may lead them astray.

Breakfast spots, coffee shops, and watering holes pepper the daily commutes of modern urban humans, but we try to remember the ones where we get the best food or drinks. If we do longer journeys routinely, we also keep track of the best grazing grounds—a diner, a gas station with the best snacks, and so on.

Blue whales, according to research published in PNAS this week, seem to make similar mental notes. On their annual migration, their path takes in the spots that have proven to be the most reliable feeding grounds over the years. In doing this, the whales may bypass hotspots that pop up and fade from one year to the next, suggesting that they rely heavily on memory to find a solid meal. But in a world where “normal” is shifting rapidly, the endangered whales may no longer be able to rely on the abundance of those old, faithful feeding grounds.

Why do whales go where they go?

Blue whales are the largest animal that we know to have lived, and that means they need colossal amounts of food. Despite this, they’re picky eaters, feeding almost exclusively on small crustaceans called krill, which they eat by lunging through a large swarm with an open mouth, trapping the animals in their mouths while the sea water filters back out. And they manage to find sources of food while migrating from a summer near the poles to a winter spent closer to the equator.

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Chuwi AeroBook 13″ laptop with Intel Core m3 hits Indiegogo for $399 and up

The Chuwi AeroBook is a thin and light laptop with a 13.3 inch, 1920 x 1080 pixel display, an Intel Core m3-6Y30 processor, 8GB of RAM, and at least 128GB of storage. It’s the latest in a line of low-cost laptops from Chinese device maker Chuwi a…

The Chuwi AeroBook is a thin and light laptop with a 13.3 inch, 1920 x 1080 pixel display, an Intel Core m3-6Y30 processor, 8GB of RAM, and at least 128GB of storage. It’s the latest in a line of low-cost laptops from Chinese device maker Chuwi and it’s expected to retail for about $499 when […]

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First trailer for The OA looks as strangely surreal as its predecessor

For those with mixed feelings about the series, Part II looks like more of the same.

Netflix will release Part II of The OA, its critically divisive, genre-busting drama, on March 22, 2019.

Fans of Netflix's 2016 surprise hit series The OA, rejoice—the first trailer for Part II just dropped. Be forewarned: it's fairly spoiler-y for those who haven't already seen Part I. Then again, there are probably people who are still puzzling over what, exactly, happened in Part I of this genre-busting show—is it science fiction? Fantasy? A supernatural drama? So perhaps a refresher would be welcome.

(Warning: major spoilers for season 1 of The OA below.)

Part I opened with an adopted young woman, Prairie Johnson (Brit Marling), miraculously returning home after being missing for seven years. Her adoptive parents are thrilled and perplexed, not just about where she's been all this time, but because now their once-blind daughter can see. Prairie befriends several misfits from the local high school: four boys (Steve, French, Buck, and Jesse) and a teacher, Betty Broderick-Allen (Phyllis Smith), dubbed "BBA." Over the rest of the season, she tells them her story, beginning with a near-death experience (NDE) when she was a child, the same accident that left her blind.

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The advent of cheap, renewable hydrogen is nigh

As the price of wind turbines tumbles, the hydrogen fuel cell revolution is nigh.

A blue hydrogen-powered train.

Enlarge / The Coradia iLint, the world's first hydrogen multiple-unit train for regional transport, is located at Basdorf station. Thanks to its fuel cell drive, the train runs completely emission-free and quietly. The Niederbarnimer Railway aims to use this climate-friendly train on the Heidekrautbahn, thus making the non-electrified line even more environmentally friendly. (credit: Bernd Settnik/picture alliance via Getty Images)

Hydrogen gas has been the pipe dream fuel of clean-energy advocates for decades. Splitting electrons from H2 molecules creates electricity and a waste product: pure H2O. It has the added benefit of being storable (albeit at high pressures or low temperatures), and it can refuel a car or a generator in minutes, as opposed to batteries, which can take hours to recharge.

Unfortunately, most of the hydrogen that is mass-produced today is made by synthesizing it from natural gas (more specifically, methane, or CH4). But it's also possible to make hydrogen using electricity and water, using an electrolyzer. If that electricity is renewable electricity, hydrogen can be nearly carbon neutral in its lifecycle.

The problem is that the electrolyzers that can make hydrogen from renewable energy have historically been prohibitively expensive. But that's changing, according to a new paper in Nature Energy.

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FTC’s first case over fake paid Amazon reviews targets dodgy diet pills

Company paid $1,000 for fake reviews, admits there’s no evidence for diet claims.

Illustration of a diet pill with a measuring tape wrapped around it.

Enlarge (credit: Getty Images | pixhook)

The maker of a supposed fat-blocking weight-loss pill that didn't help much with weight loss paid for fake Amazon reviews to push its false and misleading claims, the Federal Trade Commission said in a lawsuit announced yesterday.

It's the first time the FTC has filed a lawsuit "challenging a marketer's use of fake paid reviews on an independent retail website," the agency said. The FTC complaint was filed against Cure Encapsulations, Inc. and its owner, Naftula Jacobowitz, in US District Court for the Eastern District of New York. The defendants have agreed to settle the case, pay a $50,000 fine, and notify past customers that there's no scientific evidence backing up the weight-loss claims. Customers may get refunds, but it's not definite.

The FTC said its complaint "alleges that the defendants made false and unsubstantiated claims on their Amazon product page, including through the purchased reviews, that their garcinia cambogia product is a 'powerful appetite suppressant,' 'Literally BLOCKS FAT From Forming,' causes significant weight loss, including as much as twenty pounds, and causes rapid and substantial weight loss, including as much as two or more pounds per week.

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Nvidia Turing: OBS unterstützt Encoder der Geforce RTX

Die Streaming-Software OBS kann in der aktuellen Version den NVENC der Geforce RTX mit Turing-Architektur nutzen. Der Encoder soll die Qualität des x264-Medium-Preset auf einer CPU erreichen. (Nvidia Turing, Geforce GTX)

Die Streaming-Software OBS kann in der aktuellen Version den NVENC der Geforce RTX mit Turing-Architektur nutzen. Der Encoder soll die Qualität des x264-Medium-Preset auf einer CPU erreichen. (Nvidia Turing, Geforce GTX)

Energizer’s beastly smartphone has an 18,000mAh battery

18mm-thick smartphone goes just a bit overboard in the quest for more battery.

The Energizer Power Max P18K Pop. Too thick?

Enlarge / The Energizer Power Max P18K Pop. Too thick? (credit: GSMArena)

Mobile World Congress has been home to some truly unique smartphone designs this year, and one of the strangest has to be the Energizer PowerMax P18K Pop, an attention-grabbing brick of a smartphone with an 18,000mAh battery.

I know what you're going to ask: "Wait, Energizer makes phones?" Yes, this is something like the 45th announced Energizer phone. Energizer Holdings licenses its brand to Avenir Telecom for mobile phones, and this French company has been using the brand to pump out generic-looking feature phones and smartphones since 2016.

The Energizer Mobile page is here, but it does not acknowledge the existence of the P18K anywhere. The only official info we have to go on is a BusinessWire press release with a single (comically misleading) picture. I think some skepticism of Energizer Mobile is warranted since last year at Mobile World Congress when the company showed off the Power Max P16K Pro, a phone with a 16,000mAh battery. The company gave it a launch date of September 2018 and a $738 price tag, but it never made it to market and, according to GSMArena, has been cancelled. Avenir also brought what looks to be a plastic mockup of a foldable 5G phone to MWC, which doesn't seem to have a high chance of actually hitting the market.

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Daily Deals (2-27-2019)

It’s cheaper than ever to add a massive microSD card to your collection today. Amazon is running a huge sale on storage products from Western Digital and its subsidiary SanDisk. Items on sale include microSD cards, SSDs, portable hard drives, and…

It’s cheaper than ever to add a massive microSD card to your collection today. Amazon is running a huge sale on storage products from Western Digital and its subsidiary SanDisk. Items on sale include microSD cards, SSDs, portable hard drives, and USB flash drives. But the items that jump out the most are the 200GB […]

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