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Sony Sued Over Bricked PS3s

Zarrot writes "If Sony's recent 3.00 PS3 firmware update bricked your console, you may now have legal recourse thanks to a class action suit against Sony. The complaint alleges that thousands of users (PDF) were affected by the update, and in some cases the PS3 hardware itself was damaged. It continues, 'For owners who sustained hardware damage from the Sony-required update, Sony is charging a $150 repair fee per unit. Sony, responding to the numerous complaints about the unacceptable effects of the defective update, released a further, optional update that it claimed "improves system stability" — yet performance problems continued, and the new update did nothing to remedy the systems of users who sustained hardware damage."'"

37 of 438 comments (clear)

  1. XCP on steroids! by mcgrew · · Score: 4, Insightful

    Never ascribe to incompetence that which can be explained by greedy self-interest. Is it possible that this was deliberate? After all, they deliberately rooted thousands of PCs (inclusing mine) a few years ago, so you KNOW they're evil even by corporate standards, and they're charging $150 to fix a problem that their "update" caused.

    They won't brick MY PS3, because there's no way in hell I'll buy another product from the company that rooted my computer with a trojan in a music CD. Why do people keep buying stuff from this company? I won't -- once bitten, twice shy. Buy from Sony and you're asking to get screwed, with sand as lube.

    1. Re:XCP on steroids! by JeffSpudrinski · · Score: 4, Informative

      Didn't this same thing happen recently with the Wii console?

      http://games.slashdot.org/article.pl?sid=09/10/01/0626228

      One used to be able to trust the mainstream console makers, but not so much anymore.

    2. Re:XCP on steroids! by caladine · · Score: 4, Informative

      Especially since Nintendo seems to have removed the message about repairing at no cost as well...
      http://techforums.nintendo.com/nins/board/message?board.id=wii_tech&thread.id=29992

    3. Re:XCP on steroids! by Anonymous Coward · · Score: 5, Insightful

      They broke your shit,

      Sony claiming the hardware is licensed, not sold in 3... 2... 1...

    4. Re:XCP on steroids! by MobileTatsu-NJG · · Score: 5, Insightful

      Never ascribe to incompetence that which can be explained by greedy self-interest. Is it possible that this was deliberate? After all, they deliberately rooted thousands of PCs (inclusing mine) a few years ago, so you KNOW they're evil even by corporate standards, and they're charging $150 to fix a problem that their "update" caused.

      They won't brick MY PS3, because there's no way in hell I'll buy another product from the company that rooted my computer with a trojan in a music CD. Why do people keep buying stuff from this company? I won't -- once bitten, twice shy. Buy from Sony and you're asking to get screwed, with sand as lube.

      Despite my being a Nintendo fanboy and somebody who despises Sony, I can't follow you with the pitchfork on this one. This sort of scam requires exreme levels of short-sighted-stupidity and greed, that Microsoft hasn't even reached. There's no way any guy wearing a tie there is going to see that as profitable even after the legal settlements.

      Brick happens.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    5. Re:XCP on steroids! by mcgrew · · Score: 4, Insightful

      I imagine for the same reason that nobody went to prison over XCP. If I'd done to one of their computers what they did to mine, I'd be in prison right now.

    6. Re:XCP on steroids! by sabre3999 · · Score: 4, Informative

      Update is mandatory to use the PSN or the store. Games still work fine, you just can't sign into services.

      That still doesn't excuse the fact that their update bricked the hardware... nor is it the first time. I seem to remember a story a few months ago where new updates were bricking the older, PSX/PS2 reverse-compatible models (I have one and avoided it.)

    7. Re:XCP on steroids! by 117 · · Score: 4, Insightful

      Don't all new PS3 games check that you have a certain minimum firmware installed, and force you to update to that minimum before you can play the game? I.e. your current games may well work, but will newly released ones?

    8. Re:XCP on steroids! by PRMan · · Score: 4, Insightful

      Yes, that's racketeering!

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
  2. Sony is no longer a reputable vendor by stox · · Score: 4, Informative

    I had the misfortune of buying one of their GPS units. Despite the fact that their support clearly acknowledged the defects the unit had from the day of purchase, Sony did not release a fix until 7 months later. Sony insists that I pay $99.95 to get that update. Needless to say, I no longer will buy Sony products.

    --
    "To those who are overly cautious, everything is impossible. "
    1. Re:Sony is no longer a reputable vendor by Eivind+Eklund · · Score: 5, Insightful

      That can happen to anybody - all vendors have some lemons. The question is, how many and how do they handle it when they sold you something with a problem? A good vendor will take care of it to the best of their ability and leave you with as little problems as possible - a bad vendor will ignore you.

      I got an outdated DPT RAID controller from a friend a decade ago. It had problems cooperating with my BIOS - it would only boot correctly (exactly) every second time, or something like that. Not something that was a big deal to me, and the card was about five years old at that time (and I was not the original owner). However, I sent them an email to just ask if they had a solution. They immediately (as in same day, and without me asking for it) sent me new firmware chips by Fedex. Shipping came to $70 - more than the card was worth on the second hand market.

      I've had other vendors that have driven out in the middle of the night with replacement servers when I suspected that there was a problem with one of the servers they'd delivered.

      It's not the failure - it's the failure to handle the failure.

      Eivind.

      --
      Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
  3. Bricked Consoles? by Amnenth · · Score: 5, Insightful

    So now Nintendo and Sony have both managed to brick consoles with firmware updates. Great.

    Sorry, fellas. YOU broke it, YOU don't get to bill US to fix your mistakes.

    1. Re:Bricked Consoles? by The+MAZZTer · · Score: 4, Informative

      AFAIK Nintendo has offered free repairs for Wiis bricked by the 4.2 update.

    2. Re:Bricked Consoles? by Steauengeglase · · Score: 5, Insightful

      The story isn't the system getting bricked, but having users pay for the fix. If a Ford breaks down that is fine. It is a Ford and I expected it to happen sooner or later, but if a Ford rep shows up in my driveway and tells me that he needs to "fix something" before I can drive it and his fix causes my engine to melt, I'll damn sure expect him to fix it or at least pay for the damages.

    3. Re:Bricked Consoles? by lxs · · Score: 5, Funny

      That's why the Xbox360 is the superior console.

      It bricks itself out of the box. No updates needed.

  4. Legal Recourse by ShadowRangerRIT · · Score: 4, Informative

    you may now have legal recourse thanks to a class action suit against Sony.

    I'm probably being excessively pedantic, but you don't need a class action suit to have "legal recourse." It's just easier as a class. You can sue on your own if your property was damaged or a contract was violated.

    --
    $_ = "wftedskaebjgdpjgidbsmnjgcdwatb"; tr/a-z/oh, turtleneck Phrase Jar!/; print
    1. Re:Legal Recourse by Jaysyn · · Score: 4, Insightful

      If you think about it, wouldn't it hurt Sony more if everyone that was harmed by Sony's "update" took them to small claims court? They'd have to send a lawyer & in some jurisdictions, they'd actually have to send an officer of the company. If no one shows up, they lose by default. Class action lawsuits are there to make things easier on the legal system & on lawyers, but you know what? Screw both of them.

      --
      There is a war going on for your mind.
    2. Re:Legal Recourse by eyrieowl · · Score: 4, Informative

      Can't speak for other places...but at least in Texas, it might be easy enough to win the small claims filing, but it isn't binding, on appeal, they can go to regular civil court and it's as though the small-claims case never even happened. And collecting on a small claims win can be difficult. Winning is one thing, getting money is another. So they could easily let you pay the fees for filing suit in small claims court, not bother showing, and then appeal when you win to regular court, which...if you don't get a lawyer for the appeal, they could win, and force you to eat the court costs and legal fees. It sounds like a nice way to annoy them, but when you start looking at the practicalities, the class-action works out much better.

  5. Comment removed by account_deleted · · Score: 4, Insightful

    Comment removed based on user account deletion

  6. So glad... by Loomismeister · · Score: 5, Funny

    I went with microsoft instead of sony...

    1. Re:So glad... by plague3106 · · Score: 5, Funny

      Ya, no updates needed to brick an xbox!

    2. Re:So glad... by Skuld-Chan · · Score: 4, Interesting

      At least Microsoft fixes them for free.

  7. You break it, you buy it. by Mashhaster · · Score: 4, Funny

    Or, more accurately in this case, you buy it, we break it.

  8. When are people going to learn to NOT buy Sony? by WCMI92 · · Score: 4, Insightful

    Sony is REPEATEDLY caught doing nefarious things. Rootkits on a CD. Deleting 2/3rds of a MMO (The Star Wars Galaxies NGE) the day after selling an expansion for it, which included features marketed that applied to the 2/3rds that got deleted. They've gotten caught multiple times price fixing CDs. They have released a version of the PSP, called the PSPGo that requires you to repurchase all your games. They've also been caught deploying astroturfers and viral marketers to fake reviews and artificially pump their products.

    They also run what I believe is an illegal international lottery with respect to their "trading" card games in their MMOs.

    So why would it surprise anyone that Sony, not exactly well known for the quality of their coding work (if SOE is representative of it) would release a buggy firmware that destroys hardware and then make people pay $150 to fix their own defect?

    Sony is all about revenue streams! Stealing from their customers is just yet another one of those.

    This suit is going to cost them millions and will no doubt harm their reputation even more than all of the above have. Sony must not care about their reputation, since they do nothing at all constructive to improve it. Hint: repeatedly assfucking your customers does NOT a good reputation make.

    --
    Corporatism != Free Market
    1. Re:When are people going to learn to NOT buy Sony? by WCMI92 · · Score: 4, Interesting

      The only thing that surprises me is that out of the seven billion people on this planet, there are enough of them dumb enough to buy ANYTHING from a company like this for it to stay in business.

      Well, I have LONG ago ceased to buy Sony, and I did it because of the Star Wars Galaxies NGE. Indeed, I've used my position as head of IT at my company, which is one of the larger businesses in it's industry in the Eastern USA, to make sure that Sony isn't even CONSIDERED for purchases. I cost them $50K worth of plasma displays, for example, when we rolled out a videoconferencing system simply by taking Sony off the bid specs as a valid provider when we bid it out.

      Sony is not a reputable company, and they do not make better products than alternate vendors. Sad thing about that is that 20 years ago no one had a better reputation than Sony and their products were ALWAYS a cut above anything similar. It's taken them this long to live off the capital of their once great name to reach the point of near bankruptcy.

      --
      Corporatism != Free Market
    2. Re:When are people going to learn to NOT buy Sony? by debrain · · Score: 4, Interesting

      The history of Sony's management is quite fascinating. I've lost the link, but I recall there being an article about Sony's decision over who to replace their then-CEO around 1999 (Norio Ohga), who had been CEO for ages and brought Sony to new economic heights. The choice of his successor was either the head of Sony Entertainment (i.e. the copyright/media side of Sony) or the head of Sony Computer (i.e. the head of the electronics side). They ended up choosing the head of the copyright/media side of Sony, Nobuyuki Idei.

      Anecdotally, since that decision, I've noticed that Sony's technology shine has dropped completely off my radar (i.e. I don't even turn to them to find out what the latest and greatest tech is, whereas at one point they were certainly a contender for something that I'd consider cool), while their foray into rent-seeking for their copyright has also gone off the deep end.

      I might be wrong about the details of the history - I'd be interested in finding the article again, or having the background.

      If it's true, I believe the change in the "personality" or "culture" of Sony reflects the decision that they made to make the head of their copyright/media division the head of the company. I believe their shareholders have been paying for that decision ever since.

  9. Re:How do I get in on this? by mcgrew · · Score: 4, Funny

    Any recourse on my part?

    Well, there are a few things you could do.

    1. Take a plane to Japan, find the CEO, and kill him with a brick (or a bricked PS2)
    2. Take several hundred pounds of explosives and destroy one of their offices
    3. Steal a B-52 that's loaded with nukes and nuke Japan again

    Unfortunately, these methods may be of dubious legality. But it's nice to daydream.

  10. And when they win by kenp2002 · · Score: 4, Insightful

    After all that, if they win, every customer will get their machine fixes for free but with a 4-6 week turn around time, they customer will still have to pay $20-$35 for shipping the borked machine back, and get a nice voucher for $35 to reimburse the shipping cost usable in the Playstation Online store. Meanwhile the lawyers will get a multi-million dollar paycheck out of the victory.

    Sony - 0
    Consumer - 1
    Lawyers - 10

    --
    -=[ Who Is John Galt? ]=-
  11. Class Action? Phht! by clang_jangle · · Score: 5, Insightful

    ...you may now have legal recourse thanks to a class action suit...

    Great -- so affected users have a shot at getting a check for like, eight dollars in acouple of years while some lawyer gets rich. Gotta love that...

    --
    Caveat Utilitor
  12. I ran out of gas and now my car is bricked! by MobileTatsu-NJG · · Score: 5, Informative

    When it doesn't do what it's supposed to do (or stops doing what it's supposed to do), yeah, that's bricked.

    No. It's bricked when there is no hope at all at making it playable again. If it can execute code, it's not bricked.

    Honestly dude, It's bad enough the sensationalist media cannot use the term correctly.

    --

    "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

  13. Re:Bricked? by Knara · · Score: 4, Insightful

    Yes, because I obviously bought my PS3 for the great internet browser...

    That's not really the point.

    "Bricked" came from the idea that the piece of hardware is "as useful as a brick" because it's unable to operate *at all*.

    Now, obviously this sort of thing greatly reduces the usefulness of the device, but your statement itself shows that the device is *not*bricked*. Just broken.

  14. Comment removed by account_deleted · · Score: 4, Funny

    Comment removed based on user account deletion

  15. I love to hate Sony by jtownatpunk.net · · Score: 5, Funny

    Years ago, I bought their first "slim" digital camera. The DSC-T1. Shortly after buying it, I managed to break the totally unprotected LCD. I took full responsibility and called them up. "How much will it cost to have the screen replaced?" "If it was out of warranty, the cost would be $130 but defective screen is covered by your warranty." "No, it's not defective. I broke it. There's no way I could possibly pass this off as a manufacturing defect even if I was sleazy enough to try." "Oh, then it's $180." "What? Why does this cost more than a regular out of warranty repair?" "It just does."

    And I was fucked. It was a brand new model so the chances of a "parts" listing showing up on ebay any time soon was pretty much zero. I was already into the camera for $500. The best grey-market refurb price I could find anywhere was $400. So I paid the out of warranty repair cost PLUS the $50 "because we're dicks" fee. It was either have a $680 camera or burn the $500 I'd already spent. When the repaired camera arrived, I affixed a thin sheet of plastic over the LCD. I swore I'd never purchase another Sony product as long as I lived. That lasted about 3 years when I bought one of their photo printers (which I still use occasionally). And I've bought another camera (mixed feelings about its quality), a book reader (rocks), a cell phone (rocked), etc.

    Sony's like an ex who steals money from your wallet, badmouths you to her friends, and orders steak-n-lobster when meet up for lunch but the couple times a year you hook up seem so worth it. Until you check your wallet the next day and you swear you won't answer the phone next time she calls. And it works for a few months. But then you run into her at the mall and going to dinner is safe enough. God, she looks good...

    1. Re:I love to hate Sony by nametaken · · Score: 4, Funny

      $500 cameras and hookers so awesome in bed its worth being repeatedly robbed over?

      Can I have your life when you're done with it?

  16. Sigh by Reapman · · Score: 4, Insightful

    Why do all the +5 Insightful comments have NOTHING to do with the article? Just "DONT BUY SONY THEYRE TEH EVILZ!" This is as bad as it used to be with Microsoft articles back in the day.

    To all of the DONT BUY SONY CUZ THEYRE TEH EVILZ can you recommend me which game console to buy? Oh and please don't say PC, I game hours a day on my PC but I also like having a console for the console only games. Please tell me which console is not made by an evil corporation and doesn't brick with firmware upgrades? The ROCK SOLID 360? The Wii and it's recent hardware killing firmware too? Guess what, I'm going to buy the console that has the games I want. For me that's the PS3 and soon the Wii.

    For the record my PS3, and the PS3's of my friends (yes, I know others with them) haven't bricked, so this is far from a EVERYONES PS3 JUST DIED that some people like to make it out to be. Saying don't buy a PS3 because SoE sucks or they released a rootkit 4 years ago is up there with saying don't buy Microsoft because Bob sucked or because they killed Netscape. Pretty much EVERY major corporation has done something evil.

    Feel free to mod me down, I got some Karma to burn.

  17. Re:How do I get in on this? by MartinSchou · · Score: 4, Funny

    Are you ENTIRELY certain, that nuking Japan is against the law in other countries?

    Personally I'd be surprised if you could find that in the books anywhere except perhaps Japan.

    I'm not endorsing, just saying that it might not be as illegal as you think.

  18. On a GAME CONSOLE? Shouldn't happen. by dpbsmith · · Score: 5, Insightful

    As a software engineer, I feel some sympathy for those who release patches for desktop computer OSes. A computer is a general-purpose device that is intended to allow users to install third-party applications that have full access to a huge API; to install applications like antivirus utilities that dig deep into the OS; and add hardware and the low-level drivers that go with them. The OS update is applied to an environment that may have wandered far from its starting point. Every customer has a unique configuration that probably has meaningful differences from any box in the SQA department.

    But a game console? A game console is a walled garden, the applications need only a circumscribed set of functions, the vendor has total control over what goes on it, and nobody is adding third-party hardware to it.

    Sony should be ashamed of itself, and should have volunteered to fix damaged systems for free--long before anyone complained.