PS3 Owner Refunded For Missing "Other OS"

Toxicgonzo writes "Amazon has given a European PS3 owner a 20% refund for removal of the PS3's OtherOS feature. (We recently discussed hacker Geohot's efforts to restore this feature.) The owner cited European law Directive 1999/44/EC — which states that goods must (1) comply with the description given by the seller and possess the same qualities and characteristics as other similar goods, and (2) be fit for the purpose which the consumer requires them and which was made known to the seller at the time of purchase. How many other European PS3 owners will follow suit? If Amazon forwards the bill to Sony, how will Sony respond?"

Comments

Justice

[headkase]

This is justice for anyone who was actually affected by the removal. And feedback for Sony for future decisions.

Re:Justice

[Coopjust]

Justice for anyone who lives and purchased their console from a European retailer.

In the US, the best I can probably hope for is a class action in which lawyers will make millions and I'll get a $10 coupon off of a PS3 game.

And Geohot's hack only works if you are on 3.15 or below, if you're on 3.20 (which has the other OS feature, last firmware to do so), you're out of luck.

Re:Justice

[Vanderhoth]

The issue is it was Amazon that had to pay out not Sony. That being said if Amazon had to pay out to a S*** load of people they'd probably take Sony on. One large corporation taking on another has a better chance then a bunch of Linux geeks, but at best Sony would just have to pay out. I bought my PS3 for the other OS feature and I want to keep it.

If I had kept the receipt for my PS3 I might go after EB games for a refund. After all Sony took my $800 PS3 "super computer" and turned it into a cheap $150 PS3 Slim. I wonder if Sony re-enables the feature if the guy would have to give the money back?

Re:Justice

[Vanderhoth]

Was the Other OS characteristics ever listed as a sales argument / product description by Sony?

It's on my box. It was one of two main reasons I paid an extra $500 instead of getting a Wii.

Re:Justice

[ratboy666]

Sure they did

http://www.playstation.com/ps3-openplatform/index.html

Note though, that the feature is gone (read the red part at the top).

And, let's look at the original version of the page

http://web.archive.org/web/20061118073923/http://www.playstation.com/ps3-openplatform/index.html

Re:Justice

[Zerth]

Speaking of European sales, I wonder if any of the European countries will go after Sony for additional VAT and tariffs because the PS3 is now just a gameplaying machine instead of a "freely programmable general purpose computer".

Re:Justice

[VJ42]

How come the customer was not required to go to court *first* before getting his refund?

At least here in the UK, companies don't like ending up in court (even if they're in the right), so threatening them with legal action (just a letter\email citing the relevant legislation is fine; don't need a solicitor.)often gets you something (refund\replacement\money off vouchers etc.). Hell I've even got a replacement phone battery by complaining over the phone (citing the sale of goods act) at some bloke in a call centre half way round the world.

What if the retailer had simply said, "No." - What would have happened next?

He could then have taken them to the small claims court.

Re:Justice

[Vanderhoth]

I'd like to see that. I've read in several places they only allowed Linux for the EU tax break. I'd like to see Sony have to pay retroactively seeing as how they retroactively removed the feature.

Re:Justice

[The Moof]

I wonder if you could argue that this sets precedent for how much Sony has to shell out to each owner. $80 x 20-30 million owners and I think we'll suddenly get our feature back instead of Sony shelling out the roughly 2 billion dollars.

Re:Justice

[SlashBugs]

I can't speak for the rest of the EU, but in the UK the "fit for purpose" law is a surprisingly powerful bit of pro-consumer legislation. As well as requiring that a product actually does what the manufacturer claims that it does, the law also covers:

a) Functions that any reasonable person would expect the product to have, based on the advertising but also on similar products on the market. This doesn't obviate the customer's responsibility to do some research, just covers too-obvious-to-check things like if your brand new DVD recorder didn't include a DVD playback function

b) A robustness and lifespan that any reasonable person would expect the product to have. In the UK, all electrical goods worth more than a certain value (and some other classes of goods) are automatically garuanteed for one year, as part of the customer's statutory rights. But more interestingly, each type of product may also be garuanteed for a longer period based on what seems "reasonable". For example, a washing machine or cooker would be expected to last for several years under regular use before needing replacement or major repairs; if it fails within that timespan the customer can return it (Making those rip-off "extended garuantee" offers doubly useless). Better yet, the onus is on the shop to show that the failure to prove that it was due to your misuse, not you having to prove that it was a poor design or manufacturing defect.

Surprisingly few people know about these rights, and for good reason. If a product lacks features or develops a major fault too quickly, it's the shop's responsibility to replace the product or offer a refund to the customer; the shop owner is then left with the problem of getting that money back from the manufacturer. As you might imagine, they're not exactly keen to be in this position and so consumers are never told about it.

If the shop says "no" or tells you that you need to talk to the manufacturer yourself, they're either ignorant or lying. In which case, your next step is to get in touch with the Citizens' Advice Bereau and/or the Trading Standards Office, who are responsible for advising people about and enforcing the relevent laws, respectively.

Re:Justice

[Nick Ives]

In the UK, all electrical goods worth more than a certain value (and some other classes of goods) are automatically garuanteed for one year, as part of the customer's statutory rights

That should be two years now because of the EU Directive on Consumer Rights. The same directive gives a minimum warranty period of two years but UK law extends that to six, except for Scotland where it's five.

Better yet, the onus is on the shop to show that the failure to prove that it was due to your misuse, not you having to prove that it was a poor design or manufacturing defect.

Actually that's only true for the first six months in the UK or three months (as a minimum) for the rest of the EU. After that you have to show that the fault was present when you originally purchased the item. For most classes of "the damn thing just broke!" that's not too hard though.

Here's the full directive; the relevant chapter starts on page 30.

How Does a Refund Fix Anything?

[JoeCommodore]

I'm sure a lot of folks would rather see their paid-for features returned than a few dollars back from a retailer.

Re:How Does a Refund Fix Anything?

[JoeCommodore]

>> If enough people do it, it will cost sony more than they thought it would, and be a warning to others. It's all too late anyway, if they haven't completely opened the door to piracy, they've certainly put down a welcome mat and turned on the porch lights.

Hardly. Would show to manufacturers that the feature was really valuable and maybe they can make more money by repackaging it at a higher cost. Also that removing features on the currently installed customer base is something they can get away with. (Of course many companies can claim prior art on that - i.e. Apple with Qucktime and iTunes and many others)

Re:How Does a Refund Fix Anything?

[jimicus]

Unfortunately in the UK (and I think most of Europe), sales of goods law covers the contract between retailer and consumer. Not manufacturer.

Amazon can't (easily) update the firmware of his PS3 to put that feature back again, so their options are pretty limited. The consumer can't get an injunction against Sony to reinstate the feature (because they never had a contract with Sony) and they can't get an injunction against Amazon to reinstate the feature (because it's not physically possible for Amazon to do so).

Myself, I think this demonstrates a huge flaw in current legislation - business to business sales (which Amazon buying a bunch of PS3s from Sony would come under) have nothing like the same level of protection as business to consumer sales. So if a retailer sells a bunch of products which then have functionality removed remotely by the manufacturer - entirely outside of the retailers control - the retailer winds up being held responsible.

Note: IANAL.

Re:How Does a Refund Fix Anything?

[iapetus]

I've been doing a lot of reading up on these things recently (I'm the PS3 owner mentioned in the story, and quite embarassed to be front page news on Slashdot when all I actually did was send a mail to Amazon asking them to clarify where they stood on this whole affair) - the relevant EU directive (1999/44/EC) states that where the retailer pays out but the lack of conformity was caused by the producer (or someone else further up the supply chain) the retailer has the right to go after the person responsible for the lack of conformity to get their money back - in this case, Sony. I'm hoping Amazon will end up doing this, because they're not the ones to blame for this.

Car analogy.

[Anonymous Coward]

(since this is Slashdot and a story is never complete without a car analogy comment)
Imagine that you've bought a 4-door car and everything's working great... you take it in to get a winter tuneup or oil change or whatever and the dealer updates the under-the-hood computer so that the back door locks are always engaged and you can no longer open the back doors. You can still use the space, but anyone who wants to sit in the back has to go in through the front and via the inbetween space between the front seats.

Hows that?
OK, commentators...start you analogy engines! And respond to this comment with your better/updated car analogies!

-------------
TDz.

Re:Car analogy.

[EasyTarget]

Better analogy:
You are a nice happy nuclear family, mother, father, three kids.
You buy a 5 seat car for your family.
You get a Safety Recall notice, take the car in.
When it returns it only has 4 seats, the 5th has been removed 'For Safety!'

Re:Car analogy.

[JoeCommodore]

How about this, car co a made this nifty car that could take regular gasoline or diesel all you had to do was flip a switch.

One day you take it into the shop and the mechanic removes the switch, regular gas only, even though diesel had better than twice the mpg- "company told me to, sorry. Hey, here's a couple bucks for your troubles."

Trying this in Norway

[juletre]

A friend of mine sent a letter to Sony Norway telling them how his PS3 stopped working as advertised. In Norway any consumer electronics should be expected to work in 5 years. As it stands his PS3 just stopped working well short of the five years.
No reply as of yet, but should be fun.

What is really interesting is

[Pvt_Ryan]

"Without limitation, services may include the provision of the latest update or download of new release that may include security patches, new technology or revised settings and features which may prevent access to unauthorized or pirated content, or use of unauthorized hardware or software in connection with the PS3 system."

It doesn't say anything about removal of features. just adding them or changing them..