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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.'"

8 of 546 comments (clear)

  1. File a complaint, don't just talk by sopssa · · Score: 5, Informative

    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.

    1. Re:File a complaint, don't just talk by V!NCENT · · Score: 5, Funny

      "class action those motherfuckers into honesty."
      Legendary one-liner of classical proportions that even Dirty Harry can't top!

      --
      Here be signatures
    2. Re:File a complaint, don't just talk by tlhIngan · · Score: 5, Informative

      Even if it wasn't stated in the box, it was advertised that it did run Linux. Even people who doesn't need or care about this functionality should stay up to Sony on this. Next time they may remove a funcionality you do care about. Conceptually, it is the same thing as removing the capability of playing Bluray discs.

      Well, Sony certainly "advertises" it in their manual:

      http://www.playstation.com/ps3-openplatform/manual.html
      http://www.playstation.com/ps3-openplatform/index.html
      http://manuals.playstation.net/document/en/ps3/3_15/settings/osinstall.html

      Choice quote from the second link:

      There is more to the PLAYSTATION®3 (PS3(TM)) computer entertainment system than you may have assumed. In addition to playing games, watching movies, listening to music, and viewing photos, you can use the PS3(TM) system to run the Linux operating system.

      It may not be on the box, but it's certainly documented on Sony's own websites

    3. Re:File a complaint, don't just talk by CapnStank · · Score: 5, Insightful

      I think you're all missing the point. The path the GP poster made was not necessarily to Best buy or whoever but to Sony. There's two scenarios:

      1) You call the 1-800 Sony line and get Prakesh on the other line. For all you know he sympothizes with you but is powerless to do anything. He can't give you back Other OS, he can maybe apologize and bring it to management who proceeds to ROFL (yes, on the floor) and then scrap your complaint.

      2) You take your purchase back to Best Buy: under law they are forced to return your price and then duke it out against Sony about the return charge.

      Who do you think Sony listens to? Joe, who is upset with their firmware on the line, or Best Buy USA whose upper management is yelling at you because they got a surplus of PS3s that they've been forced to refund because of your shit decision?

    4. Re:File a complaint, don't just talk by greg1104 · · Score: 5, Insightful

      I don't think you realize exactly what Sony did here. Back when they were fighting the war against HD-DVD, they loved these Linux sales. Every user who bought a PS3 for reasons besides playing games was listed on the headcount of active Bluray players, and therefore served their master plan to kill off their competitor though showing superior market share.

      Now that said competitor is gone, they'd prefer not to sell to or support those users, and so they're just killing them off. Sony has finished with using them now and now is actively fucking them over. All of us who leaned toward buying a PS3 due the Linux feature have been intentionally played here.

  2. Re:Can't lose! by Shrike82 · · Score: 5, Funny

    Well hello there Mr. Obnoxious American. Now, as you may or (more likely) may not be aware, the English language was invented right here in little old Britain. We spell it tyre. You're entitled to mispell it as tire if you like, but every time you do we Brits have a quiet chuckle to ourselves, roll our eyes at our backwards cousins across the Pond and carry on in our usual dignified manner.

    --
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  3. EULA by Anonymous Coward · · Score: 5, Insightful

    Sony's standard EULA states that if the machine
    1) didn't work,
    2) didn't do what the expensive advertisements said,
    3) electrocuted the immediate neighborhood,
    4) and in fact failed entirely to be inside the expensive box when you opened it,
    This was expressly, absolutely, implicitly and in no event the fault or responsibility of the manufacturer,

    5) that the purchaser should consider himself lucky to be allowed to give his money to the manufacturer,
    6) that any attempt to treat what had just been paid for as the purchaser's own property would result in the attentions of serious men with menacing briefcases and very thin watches. /cite{Good Omens}

    They just added
    7) If the machine does work, we will break it the next time we want your money or feel like it.

  4. Re:Can't lose! by ranulf · · Score: 5, Funny

    No, tire is what happens when Brits are repeated subjected to Americans trying to correct British spelling into the peculiar bastardized American dialect. The poster even made it clear he was British, so there's no point criticising his correct spelling. And yes, before you get uppity, "criticising" can be spelt with an s. And yes, spelt is correct too.