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Sony Sued Over PS3 "Other OS" Removal
Stoobalou writes "A Californian Playstation 3 user has filed the first class action lawsuit against Sony over removal of the 'Install Other OS' function from the Playstation 3. The action seeks to redress Sony's 'intentional disablement of the valuable functionalities originally advertised as available with the Sony Playstation 3 video game console.' The suit claims that the disablement breaches the sales contract between Sony and its customers and constitutes 'an unfair and deceptive business practice perpetrated on millions of unsuspecting customers.'"
You should also file a complaint at your own national consumer agency. I asked the store I bought my PS3 from to restore the Other OS function or offer a refund on the product because the ability was stated in the box. In this case the seller is breaking the law if such stated features are later removed.
They initially refused to offer a refund, so I filed a complaint to the consumer agency. It's important you try to talk with the seller first, and if both parties don't come into a good conclusion, then file a report. They contacted the seller, who then again contacted me and asked me to return the PS3 and they would give me a full refund.
I'm sure stores will first try to say that they cannot offer a refund and it's up to Sony, but if law states they are liable, just take it a bit further and you will get a refund. It will teach Sony a lesson too.
here:
http://ia331218.us.archive.org/2/items/gov.uscourts.cand.226894/gov.uscourts.cand.226894.1.0.pdf
In Europe, EULA's have been testen in court and found to be non-binding.
Sony officially stated they had not paid a penny of those $50 and that any similar issues are a matter between the final seller and the client and had nothing to do with them.
Sony are refusing to reimburse retailers if they give refunds.
You can advertise in this sig from as little as £99.99 a month!
Indeed that is. That said, you do need to notify the judge/court/something that you are a member of the class, and therefore entitled to compensation under any ruling (after all, the court can't know you're a PS3 owner unless you tell them).
That said, I *think* you are given some period *after* any ruling to send that notification.
Er, of course a contract can take your rights away. As long as doing so is not an illegal act.
It is routine to contract away legal remedies, for example. (E.g., all disputes will be handled by third party arbitration, or "damages are limited to replacement only.") Or to specify venue to someplace that favors the defendant.
While it is unusual, there are probably remote legal circumstances where "you must give us your children" might hold up.
Yes and my dad broke his arm at work. The lawyer official stated they admit no guilt and don't owe him a dime, but will happily pay to fix the arm plus lost wages. Sony's statement is the same deal - legalese - trying to protect their ass(ets).
"I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
Sony have stated they will not give out refunds.
http://www.mcvuk.com/news/38565/Sony-rules-out-OtherOS-refunds
"We do understand the frustration a small number of consumers may feel at SCE's decision to provide an upgrade to the firmware to disable the Linux operating system but we refute any suggestion that this action is in any way a contravention of the terms of Sale of Goods Act,” SCE UK’s David Wilson told ThinkQ.
“The console packaging and the in-box manual for the console do not refer to the use of Linux on the console. Rather, the console packaging states that the product's design and specifications are subject to change without notice and that the system software within the console is subject to a limited licence between SCE and the consumer, and this licence permits SCE to update the system software and services offered from time to time.
“The provision in the Sale of Goods Act which requires an item to be fit for a purpose made known by the consumer to the retailer prior to purchase and confirmed by the retailer applies only to the contract between the retailer and the consumer.
“The decision by Amazon to give a consumer a partial refund is clearly between Amazon and the consumer, but we do not expect the decision to have a legal basis and we have no plans to compensate retailers.”
This law suite should fail. Not that I want to be on SONY's side but they were 100% clear in their intentions regarding the "other os" option from day one.
You mean stating that the PS3 was an "open platform" and that "Other OS" and "Game OS" would always be able to coexist on the same PS3?
They're even still publicising this fact here...
Then you've lost the use of the PSN and anything that requires it.
Either way, you've lost a serious amount of functionality that was claimed on the box. If you don't install, the functionality happens to be "play games"
Just because someone tells you they're making a dick move doesn't mean they're no longer making a dick move.
Ladies and gentlemen, May I present to you a prime example of Motron's Fork
The choice is slightly different, though. Here we have "Lose Other OS functionality" or "Lose ability to use PSN and play any new games which require the firmware upgrade (you can bet that they all do)."
Regarding the modded down comment above about "hyperbole inherent in the freetard system" (nice butchery of Monty Python, cockfungus) My PC runs Linux, I game using WINE. A happy freetard is me!
Finally had enough. Come see us over at https://soylentnews.org/
You can't blame the Americans for sticking with the language, while you Brits divert. For most of the word diversions the "Yanks" use the proper original spelling.
As Sheldon would say: "That is what is referred to as a 'burn on you'"
I have the 60 GB model from Jan of 2008 and it is in my manual. This was a very widely publicized feature and it was the deal breaker for me. I was going to buy a Wii, but paid the extra $300 for the PS3 because of Linux. If you read the Lawsuit PDF it gives very concrete examples of how and when Sony and it's executives promoted about this feature. Balls in your court dumb-ass
The console packaging and the in-box manual for the console do not refer to the use of Linux on the console.
Actually, it does tell you how to install the OtherOS and I believe it lists Linux as an option. I will have to dig out my user manual when I get home, but I'm pretty sure that statement is wrong.
Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
Hello there, you silly English ka-niggot.
tire
late 15c., "iron rim of a carriage wheel," probably from tire "equipment, dress, covering" (c.1300), an aphetic form of attire. The notion is of the tire as the dressing of the wheel. The original spelling was tyre, which had shifted to tire in 17c.-18c., but since early 19c. tyre has been revived in Great Britain and become standard there. Rubber ones, for bicycles (later automobiles) are from 1870s.
Online Etymology Dictionary, © 2010 Douglas Harper
So, in 17c-18c, when the Brits were populating America, the spelling was "Tire". We can't help it if you people decided to change your minds. We didn't.
Consumer laws do now work like that.
If things are advertised as being able to do things, they better be able to do them, including all required steps.
You can't sell someone a car labeled as having air conditioning but without any actual switches to turn it on.
If corporations are people, aren't stockholders guilty of slavery?