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Sony Refuses To Sanction PS3 "Other OS" Refunds
Stoobalou writes "Sony says that it has no intention of reimbursing retailers if they offer users partial refunds for fat PS3s. Last week, the first PS3 user successfully secured a partial refund from Amazon UK as compensation for the removal of the ability to run Linux on the console. The user quoted European law in order to persuade the online retailer that the goods he had bought in good faith were no longer fit for his purposes because of the enforcement of firmware update 3.21, which meant that users who chose to keep the Other OS functionality would lose the ability to play the latest games or connect to the PlayStation Network."
To prop up and advertise cell as a high performance super computing platform.
Read the relevant EU law here. ( http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31999L0044:en:HTML )
It is explicitly stated in the law that "Any contractual terms or agreements concluded with the seller before the lack of conformity is brought to the seller's attention which directly or indirectly waive or restrict the rights resulting from this Directive shall, as provided for by national law, not be binding on the consumer."
Law trumps EULA.
++ Say to Elrond "Hello.".
Elrond says "No.". Elrond gives you some lunch.
Taken from the Playstation.com forums (nice work!):
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CREDIT goes to Xrobx who posted these in another thread and i wanted to make sure that everyone sees them...
Sony Computer Entertainment Inc.:
"In addition to playing games, watching movies, listening to music, and viewing photos, you can use the PS3 system to run the Linux operating system. By installing the Linux operating system, you can use the PS3 system not only as an entry-level personal computer with hundreds of familiar applications for home and office use, but also as a complete development environment for the Cell Broadband Engine (Cell/B.E.)."
http://www.playstation.com/ps3-openplatform/index.html
(http://74.125.113.132/search?q=cache:byasL-PxEiMJ:www.playstation.com/ps3-openplatform/index.html+http://www.playstation.com/ps3-openplatform/index.html&cd=1&hl=en&ct=cln
k&gl=us&client=safari) - google's cached page of the above hyperlink from March 30th 2010 which does not say anything about FW 3.21 removing Other OS. I've saved the page in case it goes offline, copy http address into browser as link probably won't work. Or, just search google and get the cached page. - kiyyto.
Phil Harrison, February 2007,
President of Sony Computer Entertainment Worldwide Studios 2005-2008:
"One of the most powerful things about the PS3 is the 'Install Other OS' option."
http://kotaku.com/235049/20-questions-with-phil-harrison-at-dice
Sony Computer Entertainment Inc., 2006-2009:
"The Linux Distributor's Starter Kit provides information, binary and source codes to Linux Distribution developers who wants to make their distro support PS3."
http://www.kernel.org/pub/linux
Izumi Kawanishi, Sony, May 2006:
"Because we have plans for having Linux on board [the PS3], we also recognize Linux programming activities... Other than game studios tied to official developer licenses, we'd like to see various individuals participate in content creation for the PS3."
http://www.gamasutra.com/php-bin/news_index.php?story=9290
Geoffrey Levand, August 2009,
Principal Software Engineer at Sony Corporation:
"Please be assured that SCE is committed to continue the support for previously sold models that have the "Install Other OS" feature and that this feature will not be disabled in future firmware releases."
mailing list to PS3 customers using Linux
Phil Harrison, May 2006,
President of Sony Computer Entertainment Worldwide Studios 2005-2008:
"The Playstation 3 is a computer. We do not need the PC."
http://www.spiegel.de/netzwelt/web/0,1518,418642,00.html
SONY
Make.Believe... you didn't see that
But that is still a breach of contract(1): the machine was sold as a machine that can run Linux *and* use the service. Now all of sudden it's either one or the other. According to several jurisdiction (France is cited in the example) Sony owes their customer some money.
Close, but not quite correct. In the UK (and the EU), an item must be sold as "fit for purpose" and it is the retailer that is obliged to ensure that is the case not the manufacturer. In terms of electronic devices, fit for purpose usually means that it must perform the functions that it was advertised as performing at the time of purchase for a minimum of 6 years. Clearly this action by Sony breaks this sales contract, but the refund must come from the retailer as it was they that the consumer entered into contract with.
However, the retailer would then claim the compensation back from the manufacturer as they are also entitled to the same "fit for purpose" guarantee. Therefore it will Amazon (in this case) that come knocking on Sony's door for a refund, not Joe Public. Sony may have a harder time brushing them off.
Listen to my latest album here
I called SONY customer relations to chat with them about the dropping of linux in their latest PS3 update. After very civily conveying my dismay at their decision to punish honest users of the PS3 by retro-actively ripping out the previously advertised, supported, and paid for "Other OS" feature I asked what they could do for me to even things up for effectively turning my non ps2 compatible fat into an oversized-overpriced slim. Their answer: "Sir I take hundreds of calls a day and you are the first to call and complain about this particular issue." Linux fans, PS3 owners who are linux fans... If that statement is true I'm dissappointed in you. 1-800-345-7669 (SONY) Hours: Mon-Sat 6:00AM-8:00PM / Sun 7:00AM-6:30PM PT If you are going to call be civil. But make it clear their action hasn't gone unnoticed and is unnacceptable. According to a friend of mine who has also called if you want to escalate it further, you can apparently call 1-866-286-5123 Monday through Friday from 8am-5:30pm Pacific time, a.k.a. 11am-8:30pm Eastern. They need to know just how much this bothers their customers. The impression I have so far is that it's not even a blip on their radar.