Slashdot Mirror


Judge Dismisses 'Other OS' Class-Action Suit Against Sony

An anonymous reader writes "You may recall that in early 2010, Sony decided to roll out an update that would remove the ability for PlayStation 3 owners to install a different operating system on the console, citing security concerns as the reason. Geeks and Linux enthusiasts were outraged at the move, particular since the "Other OS" functionality had been advertised as a feature of the PS3. A class-action lawsuit was soon brought against Sony. Many of the initial claims were thrown out, and now, a federal judge in California has granted Sony's motion to dismissed the lawsuit, saying, 'As a matter of providing customer satisfaction and building loyalty, it may have been questionable. As a legal matter, however, plaintiffs have failed to allege facts or articulate a theory on which Sony may be held liable.' Here's the full text of the order (PDF)."

403 comments

  1. And the USAF by eldavojohn · · Score: 5, Informative

    Geeks and Linux enthusiasts were outraged at the move ...

    And the United States Air Force.

    --
    My work here is dung.
    1. Re:And the USAF by Anonymous Coward · · Score: 4, Informative

      They didn't care too much, Sony rolled out a firmware just for them anyway.

    2. Re:And the USAF by nightfell · · Score: 2

      Yes, geeks and Linux enthusiasts at the Air Force.

    3. Re:And the USAF by eldavojohn · · Score: 1, Interesting

      Yes, geeks and Linux enthusiasts at the Air Force.

      I think there would be some other people somewhat upset if you just dropped hundreds of thousands of dollars on what are now tiny black bricks useless to you. Accounts, commanding officers, taxpayers, etc.

      I wonder if a FOIA request would yield any information about what exactly those PS3s are doing now?

      --
      My work here is dung.
    4. Re:And the USAF by abigsmurf · · Score: 2

      Why are they useless? Why would the Airforce have any need to update those consoles? It's not like they need those consoles to be able to play GT5 and any bugs to be patched would be patched in Linux.

    5. Re:And the USAF by nightfell · · Score: 1

      I think there would be some other people somewhat upset if you just dropped hundreds of thousands of dollars on what are now tiny black bricks useless to you. Accounts, commanding officers, taxpayers, etc.

      Except they didn't become useless bricks. These PS3s are not used for gaming, and so can quite easily avoid the update.

    6. Re:And the USAF by poetmatt · · Score: 5, Informative

      methinks you forgot the reality of your statement: they rely on having linux on them (which, no, just having custom firmware will not fix because the removal of otherOS also means it's not legal to flash custom firmware), but also because they rely on PS3's having linux on them for hardware replacement.

      From the air force on this exact issue, and why you, sir are the one who is not at all bright:

      "We will have to continue to use the systems we already have in hand," the lab told Ars, but "this will make it difficult to replace systems that break or fail. The refurbished PS3s also have the problem that when they come back from Sony, they have the firmware (gameOS) and it will not allow Other OS, which seems wrong. We are aware of class-action lawsuits against Sony for taking away this option on systems that use to have it."

    7. Re:And the USAF by willaien · · Score: 1

      But, what happens when one breaks down?

      Even if they get Sony to service it, it comes back with a useless firmware on it that locks them out of using it for their purpose.

    8. Re:And the USAF by Anonymous Coward · · Score: 0

      In a big bureaucracy like the military, I assume everyone now knows that buying anything other than traditional computer equipment is going to be a significant carrier-limiting move.

    9. Re:And the USAF by Anonymous Coward · · Score: 2, Funny

      These PS3s are not used for gaming

      [citation needed]

    10. Re:And the USAF by Bucky24 · · Score: 2

      I suspect that at some point these consoles will fail. And at that point they would have to buy new ones, which would come with updated firmware. Unless they bought a warehouse full of replacements at the time, which is not impossible.

      --
      All the world's a CPU, and all the men and women merely AI agents
    11. Re:And the USAF by bws111 · · Score: 1

      Well, unless they have some sort of service contract with Sony that states they get exact replacements, including firmware, that's just too bad. There's a reason enterprise and military stuff is more expensive than consumer equipment, and serviceability and product longevity is a big part of it.

    12. Re:And the USAF by Anonymous Coward · · Score: 5, Informative

      Yeah, uh, you do realize that the techdirt article you linked to is from May 2010, RIGHT? The quote from the USAF is even older than that. A cursory search shows plenty of info indicating that the USAF is in fact running clustered PS3s/linux - and is getting special treatment from Sony. Here's a link (out of many) with more recent information on the matter:

      http://www.itworld.com/hardware/141994/air-force-launches-supercomputer-made-ps3s

    13. Re:And the USAF by exomondo · · Score: 2

      1) The US Air Force is more than capable of getting custom firmware from Sony. (Almost certainly done to give them access to the video hardware for GPU-style acceleration.)

      How are they going to get a custom firmware from Sony? The whole point of this was to be cheap so they've bought nearly 2000 consoles each sold by Sony at a loss, so the USAF is hardly a big customer.

    14. Re:And the USAF by LocalH · · Score: 0, Flamebait

      END-USER LICENSE AGREEMENT ("EULA") FOR COMMENT POSTED BY LOCALH (SLASHDOT UID 28506)
      By loading this comment into your computer's memory via any means, you agree to privately contact LocalH ("me") to arrange payment of $10,000,000 in unmarked bills or 99.999% pure gold (or any combination thereof), in person and by yourself, with no hidden surveillance devices or contact with any outside individual (children under the age of 5 are exempted, so that you may care for them if necessary during our transaction). Failure to do so is a violation of this EULA. The transaction shall be videotaped by me to ensure your compliance with the terms found within EULA. You shall also agree to waive your right and/or ability to initiate any recovery proceedings against me, including but not limited to arbitration, lawsuit, theft, and/or murder. You shall also agree to securely erase any evidence of our transaction from your possession in any form whatsoever, using industry-standard secure wiping technology. If you violate this EULA in any way, you shall be liable for an additional $10,000,000 for each individual violation, payable in unmarked bills or 99.999% pure gold (or any combination thereof). Violations of this EULA shall also entitle me to have sexual intercourse with any female related to you (females under the age of consent in your jurisdiction are exempt to prevent violation of the law), with or without protection, at my discretion. This may be waived if you are female, and if I desire sexual intercourse with you. Failure to comply with the sexual intercourse term of this EULA will entitle me to have a forcible orgy with all of your sisters (or cousins if you are an only child).

      COMMENT
      It's not illegal to flash CFW at all, certainly not if you're the USAF and Sony sends you official CFW.

      Or are you one of the people who equate "EULA-violating" with "illegal"? If so, then it's illegal not to send me my ten million bucks, damnit. You better hope your sister's hot, for your sake (and your cousins' sakes).

      --
      FC Closer
    15. Re:And the USAF by everett · · Score: 3, Insightful

      Under the license that you are offered, you're correct. I imagine it's perfectly possible that the USAF is able to acquire different licensing that allows them to accomplish their mission with Sony's hardware.

      --
      Sig withheld to protect the innocent.
    16. Re:And the USAF by abigsmurf · · Score: 1

      Plenty of replacement parts out there. I replaced the blu ray diode on mine.

    17. Re:And the USAF by Anonymous Coward · · Score: 0

      SG:AGF

    18. Re:And the USAF by nightfell · · Score: 1

      But, what happens when one breaks down?

      Life's not perfect. They'll survive.

      The timing sucks (the OtherOS removed months after the commitment to the project), but nothing lasts forever. Their cluster will work wonderfully as it currently stands, and PS3s aren't notorious for breaking down (unlike another console which also lacks OtherOS...).

      The point being, the cluster did not instantly become useless, like eldavojohn claimed. It'll work just fine for many years.

    19. Re:And the USAF by tlhIngan · · Score: 1

      But, what happens when one breaks down?

      Even if they get Sony to service it, it comes back with a useless firmware on it that locks them out of using it for their purpose.

      Exactly - the cluster just gets slower and slower and slower.

      Eventually, I think the USAF will just take down the cluster and donate them to a charity for those who served in the armed forces.

      The cluster will then be replaced with Cell computers from IBM. Or maybe Microsoft will make a generous (i.e., marketing) move and promote the next-gen Xbox with a special firmware build that will let them run Linux on it.

      And Sony will be removed from the government's approved vendor list.

      Maybe.

    20. Re:And the USAF by LifesABeach · · Score: 2

      In California, it is illegal to advertise something and then at the point of sale, change that condition. It's called, "Bait, and Switch." I wonder why this wasn't brought up. The penalties in California are not friendly at all.

    21. Re:And the USAF by Eponymous+Coward · · Score: 2

      I don't believe they need custom firmware. If they have dev consoles, won't their software be properly signed?

    22. Re:And the USAF by Anonymous Coward · · Score: 0

      me thinks the USAF can peal off a 20k check to sony for a dev kit...

    23. Re:And the USAF by exomondo · · Score: 1

      Pretty sure they run Linux through OtherOS so it wouldn't matter.

    24. Re:And the USAF by Anonymous Coward · · Score: 5, Interesting

      Why would you want access to the PS3's GPU? It sucks. You can do better on a AMD's Llano platform for half the cost of a PS3. I wouldn't doubt the Radeon 6310 in the E350 has more computational power then a PS3, SPUs included. It will also have more RAM and use a fraction the energy.
      By the way - I'm a ex-games programmer with 17 years in the biz, four of them programming the PS3 so I know of what I speak. The PS3 has 6 pixel quad pipes for a total of 24 ALUs running at 550MHz. The HD6310 has 80 total pipes running at 500MHz.
      The PS3 GPUs can't do double float math either. I'm not sure about the 6310.

    25. Re:And the USAF by Migraineman · · Score: 5, Insightful

      That's the beauty of software these days. You purchased the hardware, which you have in your possession. You didn't purchase the software. You purchased a "license" to the software. Sony is still providing you with software, albeit in updated form. They fixed a bunch of bugs, and added new "features." What's not to like?

      This is the fundamental problem with software "sales" as they currently exist. They're a hybrid sale/license, such that the laws associated with sales and licenses don't really apply well. The software industry hops to the side that benefits them the most. Oh, you want to sell your copy of SuperMetalHaloBrothers ? Sorry, you *licensed* the software, and the license is non-transferrable. Oh, your kid munged your CD for SuperMetalHaloBrothers and, since it's licensed, you'd like to just get replacement media? Sorry, you *purchased* the item and you'll need to re-purchase it because the original item was destroyed.

    26. Re:And the USAF by Anonymous Coward · · Score: 0

      It's hardly at the "point of sale", more like 3 years AFTER the "point of sale", regardless of the exact length of time it is AFTER it was sold, and NEVER at the point. :P

    27. Re:And the USAF by mwvdlee · · Score: 1

      Given that the USAF has been using PS3's because of the Sony subsidie on hardware, I don't think Sony is going to be eager to help out.
      USAF could have also gone with Cell blades but they chose the far cheaper and far riskier option. Their gamble didn't pay off, too bad for them.
      Sure, Sony did a massive gang-anal-rape on their customers, including the USAF, and they are morally dead inside, but they probably had some small print hidden inside some EULA that USAF lawyers were responsible to read. You can't expect the average consumer to read and understand legaleze but you CAN expect a government willing to buy a few thousand of those machines to read and understand the legaleze.

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    28. Re:And the USAF by mwvdlee · · Score: 1

      They don't have dev consoles. The USAF has the exact same console that Sony sells to consumers at a loss. USAF didn't have any special deal with Sony; they might as well have bought all 2000 consoles in game stores.

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    29. Re:And the USAF by Anonymous Coward · · Score: 0

      Dev hardware for the PS3 doesn't check for signed code. It accepts a big block of zeros for the key. Instead of making the linker output the signed elf format the tools at Sony make you run your 100MB+ elf file with symbols through a small tool that copies it with the block of zeros at the head. That sure helps productivity.

    30. Re:And the USAF by berashith · · Score: 5, Funny

      I am sure that is a great comment, but as soon as I saw a big block of text that started with "blah blah EULA", I just scrolled right past.

    31. Re:And the USAF by nschubach · · Score: 1

      In order to prevent people from scrolling past the rest of this thread, I will placed this accept button here to convince them to stop:

      [> ACCEPT <]

      --
      Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
    32. Re:And the USAF by Anonymous Coward · · Score: 0

      Why the hell would you assume the point of failure in a computing cluster is going to be a media drive.. TIMMEH!!

    33. Re:And the USAF by LocalH · · Score: 1

      y helo thar mr may MASSIVE DENNACE

      --
      FC Closer
    34. Re:And the USAF by LocalH · · Score: 1

      No need for an accept button. You all saw my comment, thus it was loaded into each of your computers' memories.

      You all owe me tenmillionbux. Unless you have a hot sister, cousin, mother, or daughter. Pix pls.

      By this time tomorrow, I shall be the richest person on the face of the Earth. I finally figured out Step 2, long thought to be lost forever to the dust of history.

      berashith: Very nice parody of the face that nobody reads EULAs. So much so that I'll bend the EULA for you - you only owe me fivemillionbux. Deal of the century!

      --
      FC Closer
    35. Re:And the USAF by Max+Littlemore · · Score: 2

      I may be wrong, but I think that changing the software part way through the life of a product could be seen as a breach of statutory warranty under Australian law. If you bought something that was advertised to do something and then find it can't do it, you can at least get a refund for it, regardless of whether the software is licensed or sold. The software is essential to the operation of the machine and must allow the product to perform the advertised functions.

      I don't know how different consumer law is in California, but I would think a similar argument could be used. I used statutory warranty to get a windows install DVD for a laptop I bought a few years back because the laptop with recovery partition didn't have Microsoft Windows Vista as described by the Microsoft site. It was my little way of punishing HP for forcing the Microsoft tax on me.

      --
      I don't therefore I'm not.
    36. Re:And the USAF by Anonymous Coward · · Score: 0

      Which requires more labor which requires more money.

    37. Re:And the USAF by Algae_94 · · Score: 1

      So they have a cluster of 2000 PS3s (I'm pulling that number out of thin air, I think I saw it above). As they start failing, the cluster will get smaller. By the time these boxes reach the point in their lifespan that failure starts becoming a large scale issue, there will be far superior hardware for the USAF to make a new computing cluster with. They can't possibly think they'll get useful computing out of a PS3 cluster in 5, 10, or more years, can they?

    38. Re:And the USAF by mattack2 · · Score: 1

      I do not have personal experience with this (I just got a PS3 from this year's Black Friday sale), but I've read several anecdotes of people able to get their original (backwards compatible) PS3s replaced and/or repaired. I seem to remember some said the fixed cost replacement/repair was different whether you wanted a new (non-backwards compatible) one or not, but both options were relatively inexpensive (at the time -- IIRC it was around $150).. so different people chose different options (repair vs replace with newer model).

    39. Re:And the USAF by mattack2 · · Score: 1

      I meant that these anecdotes were recent, within the past few months to a year at the most.

    40. Re:And the USAF by Anonymous Coward · · Score: 0

      Just FYI as someone who has been folowing that for a long time: Anything below an x850 in the 5xxx or earlier series doesn't support DP (And 2xxx and 3xxx parts only support AMDs 'Stream' Subset, not OpenCL). HD4770s support DP (since they're cut down 4850's I believe, half the memory bandwidth compared to the 4830 but more active rendering units afaik. Also only officially 512 meg. 1GB models never made it out? ) HD68xx's also shirk the previous standards and DO NOT support DP. The 69xx series are what would've been the 68xx series following previous naming conventions.) However according to what I've heard you can actually get reasonably fast DP performance via two operation OpenCL programs (Although I haven't heard what if any precision loss there is compared to 'native DP' just that the performance isn't significantly worse given how much cheaper the SP hardware is, and it's prevalence in all but the 'extreme high end' parts, notably all released APU/processor combos.

      If you need full OpenCL support you're stuck looking at 5xxx or 6xxx parts. There's some memory compartmentalization stuff used for multi-kernel operation that is missing on previous generation parts that precludes them from being used to their full potential for 'shared' operation. (Not sure if that's stictly for multiple kernel threads or if it includes running both 3d gfx operations while attempting to run OpenCL kernels, but it's definitely more cpu intensive due to necessary host cpu context switching.)

    41. Re:And the USAF by berashith · · Score: 1

      I am rich. I am fivemillionbux less poor than everyone else.

    42. Re:And the USAF by LordLimecat · · Score: 1

      I think there would be some other people somewhat upset if you just dropped hundreds of thousands of dollars on what are now tiny black bricks useless to you.

      Not if your budget is of the "use it or lose it" sort, and you needed to spend several hundred thousand dollars to meet your budget anyways.

    43. Re:And the USAF by Greystripe · · Score: 1

      *sigh* ok you win, here's my tenmillionbux. millionbux, millionbux, millionbux, millionbux, millionbux, millionbux, millionbux, millionbux, millionbux, millionbux and just because you were so nice about here's an extra millionbux.

    44. Re:And the USAF by berashith · · Score: 1

      glad we dont have to hold down ctrl-f8-shift to prove that we actually read all that. Otherwise it may be legally binding.

    45. Re:And the USAF by Anonymous Coward · · Score: 1

      This is why PS3 ports often suck. You can put the rendering load on the GPU with the 360, last-gen consoles, and the PC. This is "easy". The PS3 requires that you do a good part of your rendering on the SPUs. This is not so easy, a pain-in-the-ass actually.

    46. Re:And the USAF by LocalH · · Score: 1

      You are generous, kind sir. For that, you now have the right to load my comment into your computer's memory again at no additional charge.

      --
      FC Closer
    47. Re:And the USAF by SETIGuy · · Score: 2

      How much did the USAF have to pay Sony for that?

    48. Re:And the USAF by bratwiz · · Score: 2

      They need them to fly their top-secret stealth drones.
      Sony refused to let them load Linux and look what happened in Iran...

      I'm just sayin...

    49. Re:And the USAF by Anonymous Coward · · Score: 0

      Well, I don't doubt the Llano and the 6310 may be superior to the PS3's GPU, and they may well be cheaper also, but, then again, they just came out in the last year or so. Did the PS3's GPU suck in 2006/2007 when it was released?

    50. Re:And the USAF by hairyfeet · · Score: 1

      Well friend you are welcome to try to have a forced orgy with my cousin, he is currently doing life in TX, although you should probably be warned that the last one that attempted that had their right eye dug out with a broken spoon by same cousin so i probably wouldn't bring any utensils or sharp objects with you.

      As for TFA i think the judge is wrong and here is why: The sold the customer an object that was advertised as doing X+Y and then after taking their money told the customer that they can only do X OR Y. This would be like Ford selling you a new car with a GPS and a nice stereo and then telling you once you had paid for it "Oh BTW, we are now gonna pull one of those items, which do you want, the stereo or the GPS unit?". At the very least the judge should have ordered that Sony should have to give back the cost of the units PLUS the cost of anything they bought to go with said unit if the customer finds the above undesirable and no longer wants the unit.

      I just hope the EU gives them a smackdown, sadly while the USA has become nothing but corp suckups usually the EU does protect their citizens at least a little bit.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    51. Re:And the USAF by justforgetme · · Score: 1

      That. Even though what I can't get is why we have to fight to be able to load arbitrary OSs on our hardware. Isn't it obvious that it is an offense for any company to remotely dictate what software you run on a device you own?

      This is a much bigger issue than advertised. This means that "any" hardware manufacturer now could be legally allowed to force OSs on their customers through their devices. Suddenly Win8 only hardware doesn't seem that far fetched.

      --
      -- no sig today
    52. Re:And the USAF by Anonymous Coward · · Score: 0

      You're not really thinking about this in the right way.

      IF you have a cluster of PS3s that you've spend a lot of money on
      THEN you probably want access to the GPUs
      SINCE the GPUs perform at roughly 96 GFLOPS vs 153.6 GFLOPS on the SPUs

      It may well suck (oh boy does it suck) but it's still a considerable proportion of the compute resource on each node.

    53. Re:And the USAF by shentino · · Score: 1

      If it targets classified information it won't.

    54. Re:And the USAF by AmiMoJo · · Score: 1

      Isn't it illegal to replace something under warranty with one which does not perform the task it was bought to do? In the UK it is, and the US surely must have something similar in law.

      We call it being "fit for purpose". If you buy a TV with 3 HDMI sockets because you need them the shop can't replace it with one that only has two. Simple as that.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    55. Re:And the USAF by AmiMoJo · · Score: 1

      Similarly in the UK software vendors have been successfully sued because of bugs or flaws in software making it "not fit for purpose" as the law requires.

      If Sony broke your PS3 by removing the other OS feature you are entitled to a proportion of the purchase price based on how long you have had it, the expected lifetime of the product, and its relative worth to you now. You can also claim for any expenses incurred such as delays to work and the cost of replacement hardware to do the same job.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    56. Re:And the USAF by GameboyRMH · · Score: 1

      I imagine it's only a matter of time until similar licenses start applying to physical items sold to regular consumers. There are already some cars sold under similar terms, like the McLaren F1 and Maybach.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    57. Re:And the USAF by poetmatt · · Score: 1

      this is the exact point. they are well aware of the concern, and they are not okay with it.

    58. Re:And the USAF by Anonymous Coward · · Score: 0

      Geeks and Linux enthusiasts were outraged at the move ...

      And the United States Air Force.

      That judge needs to learn to read is he a twat or just plain thick . The Play Station 3 was Advertised with the ability to install Other O/S'es Sony then removed that ability now unless your trading standards over there are somewhat lax that is an trading standards infringement they are therefore Guilty as charged

    59. Re:And the USAF by Shadow99_1 · · Score: 1

      As crazy as it sounds... My experience is that we do not generally have that in the US, though this may vary by state. Plenty of retail and even manufacturing companies only have to replace a defective item with something 'similar'. I know my parents TV died on them a few years back while under manufacturers warranty and they were told they could either get a nice shiny coupon used towards the purchase of a new TV (worth about ~$200 and theirs was an HDTV which costs ~$1000) or they could try the manufacturer (they went through the shop they bought it from first). The manufacturer in turn simply said that they could probably repair it, but costs would be involved to ship it to and from (It was one of the last gen of tube HDTV's, so this is a 150 pound tv). They chose the later, but the tv on return didn't work quite right (the sides of the picture when on were bowed in). This was deemed 'working acceptably' by the manufacturer. My parents did look into whether they could sue either or both companies involved in the whole thing and found out they were unlikely to have a case.

      --
      we are all invisible unless we choose otherwise
    60. Re:And the USAF by Anonymous Coward · · Score: 0

      Besides, what are they going to do? "Oh yeah, you guys with the expensive toys that go 'BOOM' and with lot's of money that we want. We're totally going to sue you if you jailbreak your PS3 consoles. Just saying."

      Yeah, it does stink that the courts side with Sony. This is a large part of the reason that I shall NEVER buy a Sony ANYTHING. It's a shame in some respects, they used to be a top-notch company. Now though, I don't care if they put out a perfect product for an amazing price, I won't touch it. They can bite me. I barely tolerate Nintendo's heavy hand if only for the fondness they won from me as a child and even that could easily be pushed aide. Sony has no such loyalty from me and they will never get it now.

    61. Re:And the USAF by Mal-2 · · Score: 1

      As the owner of a laptop with an E350, I can say it's actually a pretty good bundle. The CPU isn't particularly fast, but it's not unreasonably slow either, and the GPU is more than adequate to keep up with any game you'd want to run on such a CPU. The laptop was saddled by insufficient RAM (fixed, 8 GB *really* helps) and a slow HD (not fixed, I run almost everything off a NAS box), but neither of these is the fault of the E350 as a platform.

      --
      How is the Riemann zeta function like Trump rallies? Both have an endless number of trivial zeros.
    62. Re:And the USAF by MonsterTrimble · · Score: 1

      the USAF is in fact running clustered PS3s/linux - and is getting special treatment from Sony.

      I don't know if I would call it 'special treatment'. I'm sure the USAF has quite an involved contract which states explicitly what they are doing and that anything Sony does which causes them issues will be very expensive in fines and the like. The fact that they are a branch of the government and have the ability to make business VERY VERY VERY difficult for Sony is an added bonus. If I was Sony and the USAF told me they wanted their PS3s in hot pink I would make it happen.

      --
      I call it 'The Aristocrats'
    63. Re:And the USAF by Anonymous Coward · · Score: 0

      Two words: Cell Processor. The PS3 was by far the cheapest platform with the Cell at the time. The AF really didn't care about using the graphics processor, especially not in a parallel processing cluster configuration.

    64. Re:And the USAF by Eponymous+Coward · · Score: 1

      I understand that they use off-the-shelf consoles to run the software, but I thought that they did all of their development on actual developer consoles (the things that look like a dual-deck VCR).

  2. Apparently... by Anonymous Coward · · Score: 5, Interesting

    Courts don't think false advertising is against the law anymore

    1. Re:Apparently... by jandrese · · Score: 4, Insightful

      The shrinkwrap agreement on the PS3 says they can change anything they want about the device at any time.

      Sony didn't advertise the OtherOS feature after they removed it, so trying to get them on false advertising is a stretch.

      I think the upshot is that you agreed to the EULA, and the EULA said Sony can do this, so the Judge doesn't see what leg you have to stand on. It was unpopular, but they didn't break any law. This is actually an important test for EULAs, since normally removing functionality from a device after the sale would cause legal problems, but the EULA prevented that.

      --

      I read the internet for the articles.
    2. Re:Apparently... by abigsmurf · · Score: 4, Insightful

      That would be all well and good... Except Sony never really marketed the feature. A few odd quotes from Sony and some more detailed spec sheets from tech shows mentioning it are not in themselves marketing. It was never treated as a core feature by Sony and certainly wasn't marketed as such, the vast vast majority of users didn't know anything about it.

      Then there's the fact you were and still are able to use the Other OS feature on PS3s, you just can't update it (which means no PSN and a restricted library of games you can play). Courts accept that products can have limited lifetimes when it comes to support and Sony are more than entitled to release games for the PS3 that customers can't play on certain console configurations. The most obvious example of this would be PS Move only games. If you want to play those, you have to hand over more money for the Move kit and have to possibly mess around with your AV setup which was fine up until then.

      A convincing argument for both of these wasn't presented to courts and ultimately it's the courts who decide if there's a case to answer for.

    3. Re:Apparently... by mark-t · · Score: 5, Insightful

      I think that the point is that they advertised the OtherOS feature *BEFORE* they removed it... and then they removed it, effectively making a form of bait-and-switch for people who had already bought one with the expectation of that capability.

    4. Re:Apparently... by Anon-Admin · · Score: 0

      It is not false advertising, it is called bait and switch. Which is still illegal EULA or no EULA. Legal contracts can not change the law.

    5. Re:Apparently... by RingDev · · Score: 1

      I am curious if the Judge would feel the same way if a software update prevented his car from going over 45 MPH.

      -Rick

      --
      "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    6. Re:Apparently... by ackthpt · · Score: 1

      Courts don't think false advertising is against the law anymore

      What's yours isn't actually yours. EULA, Terms of Use, 2 year agreement, &c.

      Goes hand-in-hand with a society which doesn't read the wall-of-text but thrusts both hands out and squeals, "Gimme!"

      --

      A feeling of having made the same mistake before: Deja Foobar
    7. Re:Apparently... by Bucky24 · · Score: 1

      I'm not sure that is the same. The ability to drive the car is the main feature of the car. Limiting that limits the main feature, ie the whole point of buying a car for most people. The ability to install a third party operating system was not the main feature of a PS3, and does not affect its main feature, ie playing games. So it would be more like removing the ability to fold down the back seats-something that does not affect the main feature of the car, but really annoys people who do use it.

      --
      All the world's a CPU, and all the men and women merely AI agents
    8. Re:Apparently... by Anonymous Coward · · Score: 0

      but a Move game states "For PS Move" on the box.

      All PS3 games state "For PS3". period. nothing about firmware.

      So, is my OtherOS capable console a PS3 or not?

    9. Re:Apparently... by bws111 · · Score: 0

      First, that is not bait-and-switch. Bait and switch is when a store advertises something, then when they get you to the store you find out they don't actually have that product, but they have a more expensive and/or different one. The point of bait-and-switch tactics is to convert a thought-out purchase decision (made in the comfort of your home) into an impulse decision (made at the store).

      Secondly, read the ruling. The only thing Sony removed was access to the PSN, which it owns and you do not have expectation of continued access to (you have no contract). The decision to remove the OtherOS feature was made by the users, so they could continue access to PSN. It had nothing to do with EULAs or contracts.

    10. Re:Apparently... by Anonymous Coward · · Score: 0

      I think that the point is that they advertised the OtherOS feature *BEFORE* they removed it...

      That was the crucial mistake. They should have advertised the OtherOS feature *AFTER* they removed it. Genius!

    11. Re:Apparently... by Mashiki · · Score: 1

      Shouldn't matter if it was treated as a core feature or not. If it was a feature at all, this should still be false advertising and bait and switch.

      --
      Om, nomnomnom...
    12. Re:Apparently... by Jeng · · Score: 1

      Just because the engine in my car wasn't advertised as a feature I would be pretty pissed if it was removed after I bought it.

      --
      Don't know something? Look it up. Still don't know? Then ask.
    13. Re:Apparently... by ZackZero · · Score: 1

      It would be an important test, were it ruled upon instead of simply dismissed. However, I do believe that the contention of forcing consumers to make a Hobson's choice (Take A, lose B -ELSE- Take B, lose A) constitutes a potentially serious legal issue. I therefore consider the Judge to have made an incorrect decision on this case.

    14. Re:Apparently... by abigsmurf · · Score: 1

      It wasn't on PS3 game packaging, it was on the OtherOS packaging; the EULA.

    15. Re:Apparently... by Urza9814 · · Score: 3, Interesting

      When you buy a PS3, it says support is only for a limited time. When you buy a PS3, it doesn't say it comes with PS Move, and when you buy those games they say they require PS Move. But when you bought a PS3 with the Other OS option, it never said that was for a limited time. It never said it only applied if you didn't want to use certain other features of the console. And it didn't say it could be removed if you sent your console in for service.

    16. Re:Apparently... by langelgjm · · Score: 2

      Then there's the fact you were and still are able to use the Other OS feature on PS3s, you just can't update it (which means no PSN and a restricted library of games you can play). Courts accept that products can have limited lifetimes when it comes to support and Sony are more than entitled to release games for the PS3 that customers can't play on certain console configurations.

      I took a look at the order, and it was entirely focused on the conditional access to the PSN. While it mentioned that the firmware update might have been required for certain game title and Blu-Rays, it did not explore those issues at all. While I understand the reasoning that PS3 buyers cannot reasonably expect to be able to access the PSN without ever altering their setup, playing Blu-Rays seems like a more basic functionality.

      I wonder if there is a case where someone wanted to continue to use "OtherOS" but would be required to update firmware in order to use a Blu-Ray disk. Also, this opens the door for companies to revoke old features and justify the revocation by arguing it's necessary to access new content X, even if it is not actually true. To extend the car analogy even further, imagine if Toyota sold you a car with a built-in GPS and an AUX input for your MP3 player. Then, a few years later, you found out that in order to update the GPS, you need to take your car in to the Toyota dealer so they can snip the wires to the AUX input, since it can be used to play copyright infringing music.

      --
      "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    17. Re:Apparently... by Anonymous Coward · · Score: 1

      You're assuming that everybody who had purchased a PS3 was doing so just for gaming but what you are ignoring is the clear fact that for some, it WAS a main feature to be able to apply an alternative operating system. Just because you didn't need that feature or don't know how to do it does not negate that Sony reneged on what they advertised. This isn't a matter of Sony coming out with a new line of products and stating such and such feature is no longer available, they took away the funtionality from consumers who had already purchased one. That's just wrong but looking at how badly the US judiciary branch has become as much a corporate lapdog as the executive and legislative branches this sadly doesn't surprise me.

    18. Re:Apparently... by sjames · · Score: 1

      And for some subset of buyers, the Other OS feature was the only use they had for the PS3. The judge could still drive the car enough to use it as basic transportation. He seemed more than willing to relegate PS3 owners to that.

    19. Re:Apparently... by Khyber · · Score: 0

      "Sony didn't advertise the OtherOS feature after they removed it,"

      Yes, they did.

      In fact, the exact words in their latest ad campaign were "It only does everything."

      Which is a bald-faced lie because the newer ones CAN NOT do what the older ones can do (OtherOS, Backwards Compatibility.)

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    20. Re:Apparently... by gstrickler · · Score: 1

      Removing it after purchase is still bait and switch. And "you don't have to update" is not a valid defense for several reasons:

      1. Some newer games require the update, therefore, the device is impaired if you don't apply the update.
      2. If it fails and you have to send it to Sony for repair, it will be returned with the update and you have no way to revert to the previous firmware, so you can no longer use another OS.

      It's bait and switch, they need to refile the suit or appeal the decision.

      --
      make imaginary.friends COUNT=100 VISIBLE=false
    21. Re:Apparently... by Khyber · · Score: 1

      "The only thing Sony removed was access to the PSN"

      That is absolutely wrong as well. Multiple games REFUSE to work online OR offline with outdated firmware. They have removed the ability for you to play the game as YOU expect to.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    22. Re:Apparently... by Bert64 · · Score: 1

      No aside from PSN, you were given a choice between two features that you had when you bought the console:

      1, to continue being able to play new games (which now require a newer firmware)
      2, to continue being able to run linux

      If you want to play GT5, or just about any game recently released you have to update your firmware beyond the version that supports linux, and you can't downgrade it back again. There is also nothing on the packaging for these newer games that states you will need to sacrifice your ability to run linux in order to play them, so you could purchase a game, get it home and then realise you cant play it.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    23. Re:Apparently... by Anonymous Coward · · Score: 1

      If your definition of bait-and-switch were true, Best Buy would not be in business anymore.

    24. Re:Apparently... by Khyber · · Score: 1

      The words directly on the box (what made me purchase it) were "OtherOS Install"

      It was written directly on the first-gen boxes.

      I keep saying this. I would have never bought one if it were not directly advertised on the box. My condition for purchasing one was a written guarantee (advertisement) that I could install another OS, on the box itself.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    25. Re:Apparently... by Bert64 · · Score: 2

      Yes, it does...
      If you want to retain the ability to run linux, then you lose the ability to play any newer games (as these require a newer firmware)... This effectively creates 2 tiers of ps3 units, and games dont state on the packaging which tiers they work with.

      This also means that if you send your ps3 for repair, its likely to come back with a newer firmware that prevents you running linux.

      A more apt car analogy would be, you purchased a car which came with a sound system, and after owning the car for a couple of years you were given a choice between continuing to have the sound system but the car wouldn't drive more than 45mph, or removing the sound system and keeping the ability to drive >45mph.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    26. Re:Apparently... by PaladinAlpha · · Score: 1

      They didn't remove it. They offered you a patch, one effect of which was disabling it. You accepted the patch.

    27. Re:Apparently... by PaladinAlpha · · Score: 1

      So what if, instead of the patch that removed Other OS, they simply decided to drop support for the console? Would that be illegal? Of course not. So why are they obligated to support pre-patch boxes?

    28. Re:Apparently... by PaladinAlpha · · Score: 1

      If that was a major feature, why on earth would you install a patch that removed it?

    29. Re:Apparently... by PaladinAlpha · · Score: 2

      It won't go outside and mow your lawn, either. Is that not part of 'everything'?

    30. Re:Apparently... by Sancho · · Score: 1

      The ruling was misinformed.

      You also lost access to a number of future games. There are plenty of games which require updating in order to play.

    31. Re:Apparently... by Renraku · · Score: 2, Insightful

      Accepting the patch:
      Can still play on network
      Can play the latest games
      Cannot use Other OS.

      Not accepting the patch:
      Cannot still play on network
      May not be able to play the latest games
      Can use Other OS

      All three conditions were advertised, and thus all three conditions should be delivered. That's like me coming to your house after you bought a car from my dealership and telling you that I'm going to take either the tires or the doors because i want to sell them to someone else for extra money. It was right there in your contract, I can do whatever I want to your car after you purchase it, and you can't stop me.

      --
      Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
    32. Re:Apparently... by abigsmurf · · Score: 2

      I'm afraid you remember incorrectly, it definitely wasn't on 1st gen boxes. Here's what's on the EU boxes:
      http://media.ps3scene.com/images/ps3-eu-launch-unit/02.jpg

      It's safe to assume that if it was on any box from any region, it would've been widely circulated. As of yet, I've not seen any external packaging or marketing material that advertises the OtherOS feature.

    33. Re:Apparently... by the+linux+geek · · Score: 1

      If it's the only use they had for the PS3, why did they install the patch that removed it?

    34. Re:Apparently... by steppedleader · · Score: 2
      This is from Sony's website at http://www.playstation.com/ps3-openplatform/index.html:

      There is more to the PLAYSTATION®3 (PS3) 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 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.).

      Looks a lot like marketing to me, and the disclaimer at the top wasn't present before OtherOS was removed.

      The fact that a lot of users didn't know about it is irrelevant. By that logic any niche feature of any product stands to be disabled at any time. People generally don't pay much attention to features of products they aren't interested in. Advertising mostly works when the people who see the ads are in the market for the features being advertised. I'd bet that a pretty large proportion of PS3 owners don't even know what linux is in the first place, and thus would ignore or forget any marketing for OtherOS.

    35. Re:Apparently... by Anonymous Coward · · Score: 0

      Except the fact that something is in an EULA doesn't automatically make it legal. But I guess in this case, if it said on the box that came with 'OtherOS', and in the EULA clarified that said feature was subject to removal, then you can argue it wasn't false advertising (maybe misleading advertising at best, and I don't know if there's a law against that, nor against false advertising for that matter).

    36. Re:Apparently... by bws111 · · Score: 1

      I got my definition of bait and switch from the FTC. Where did you get yours from?

    37. Re:Apparently... by cheekyjohnson · · Score: 1

      I actually don't think anyone would have time to read huge walls of text filled with legalese every single time they went to buy a good or use a service...

      --
      Filthy, filthy copyrapists!
    38. Re:Apparently... by bws111 · · Score: 1

      The only thing presented by the plaintiffs at the trial was loss of PSN. No mention was made of games that don't work. If it is true that games don't work, it was the plaintiffs responsibility to present that. However, even if they did present it it probably would not have mattered, as there was never any guarantee made that you would be able to play all (or any) future games, or even that any future games would be made. Or do you think Sony also has a case against users who don't buy future games even though Sony sold the console at a loss based on their expectation you would buy future games?

    39. Re:Apparently... by Anonymous Coward · · Score: 0

      Ok. So if the EULA said that I have to give my liver to Sony and I just clicked through it, I'm fucked, right?

      Protip: EULAs do not give companies "carte blanche" to do whatever they want, although I'm sure they'd like that.

    40. Re:Apparently... by sjames · · Score: 1

      Perhaps they didn't know that was the patches purpose?

    41. Re:Apparently... by MobyDisk · · Score: 1

      It was right there in your contract,

      Hence, why the lawsuit was thrown out.

    42. Re:Apparently... by mabhatter654 · · Score: 5, Insightful

      How about the Brits? Sony used the ability to run Linux as a " computer" to get a reduced import tariff versus an "electronic toy". Does Sony get to pay the back taxes now???

    43. Re:Apparently... by mabhatter654 · · Score: 1

      It would be more like taking your car in for a recall of some minor part, and getting the car back limited to 45mph.

      Sure you agreed to get the car fixed under warranty, but they didn't tell you up front what they were going to do.

    44. Re:Apparently... by Anonymous Coward · · Score: 0

      The Parent and the person who replied to you are correct. It would be bait and switch if they continue to advertise the other OS option. Point here, the Other OS was there when the ad went out. The ad didn't not say you would have that option for life and the EULA says that they can change their mind on anything at any point. A person agrees to the EULA by continuing to own the PS3 and if they agreed to the patch that removed Other OS then they agreed to remove Other OS.

      False advertising is yelled all over the place but I doubt that anyone really understands the laws. Basically, it all boils down to a seller cannot deceive a potential buyer, nor can they sell something knowingly defective. There is a ton of context that needs to be heard on a case by case basis, it's not a cookie cutter type lawsuit. However, once you have bought something and a fundamental item is to be changed, the owner may accept the rewards for the change or decline the offer and loose what rewards were to be had. An example is; a car maker needs to change something in your car to make it safer but it will disable your CD player (let's say). Unless the federal government mandates the upgrade (due to safety issues, NTSB may do this), the car maker has every legal right to disable your CD player to make your car safer. You have the option to accept this, not accept this, or force your congress critter to do something about it. However, it is a far cry from false advertising.

      Likewise, the Other OS option is still there if you decline the upgrade that turns it off. In doing so you cannot connect to PSN. If you do not like those options, then by all means; do not buy any additional Sony products, write you representative and have them do something, file a grievance with the FTC, picket Sony America's office, or any other novel idea that you thin will let the world know your disdain at having been presented with such a choice in life.

      I think the turning off of the Other OS option was pretty weak on Sony's part and I'm glad they are dead last in pretty much everything now. See how far you fell from PS2 Sony? However, it's not lawsuit material. They haven't violated any laws in turning off the option (unless someone finds that they have a camera in the PS3 and it's always watching you), and they are under no contract to the buyer of their system to ensure your Other OS option is not removed. In fact, you are under contract by them to follow every single rule (within limits) that spews from their mouth or forfeit your PS3 and you may very well be investigated to see if any crazy digital laws have been broken. This is the world we live in until laws are made to protect citizens and not companies. This is the crux of what every person keeps barking about modern laws to address digital systems.

    45. Re:Apparently... by Algae_94 · · Score: 1

      Most every new car sold today has the speed limited by software. It's usually far above every posted speed limit and above what most drivers will attempt. I don't recall ever seeing a well advertised spec that the cars on the showroom can't go above X mph. The big difference is it is possible to get your car reprogrammed to go above the speed limit, the PS3 can not be modified for OtherOS anymore.

    46. Re:Apparently... by Squiddie · · Score: 1

      An EULA is not a legally binding contract. I remember signing nothing.

    47. Re:Apparently... by mattack2 · · Score: 1

      I can't find the proof at the moment, but I remember seeing (in news coverage) that one of the forthcoming electric cars had a limiter with a low speed limit -- 60 or 65 mph. Maybe that was untrue, or maybe they have changed their mind, I can't find any reference to it now.

      I thought it was either the Nissan Leaf or the electric Smart car.

    48. Re:Apparently... by Squiddie · · Score: 1

      Not to mention that you don't get to read it until after you've bought the product.

    49. Re:Apparently... by HiThere · · Score: 1

      When I considered buying a PS3 it was *solely* because it would support Linux. I didn't do it, partially because of some other dick moves that SONY had made. Now I'm quite grateful, and am satisfied that I will never buy anything from SONY again.

      But I was considering buying a PS3 because of the Linux support. *YOU* may not have been advertised to, but *I* was.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    50. Re:Apparently... by Anonymous Coward · · Score: 0

      Mr. Simpson, this is the most blatant case of fraudulent advertising since my suit against the film, "The Never-Ending Story".

    51. Re:Apparently... by SETIGuy · · Score: 1

      It wasn't false advertising, because the Judge reported that the consoles that Sony provided to every member of his family following the extensive "private discovery" phase at the Thai resort (with unlimited beer and hookers) work as advertised.

    52. Re:Apparently... by shentino · · Score: 1

      The reasoning used was that the PSN TOS gave Sony the right to unilaterally exclude them from it from the getgo which in turn makes the so called Hobson's choice a non issue.

      Unfortunately the issue of losing access to new games was something that the plaintiffs could have raised at trial and failed to do so, so by CFR they can't ever do so in the future.

      And since it was a class action suit, the plaintiffs shot *everyone* in the foot.

    53. Re:Apparently... by PaladinAlpha · · Score: 1

      All three conditions were delivered; you could play on PSN and could play games that were released prior to games beginning to require the update. Sony is not obligated to continue to offer PSN or new games for your console. For instance, what if instead of that patch they simply stopped publishing games and shut down PSN? Would that be lawsuit worthy? No, of course not. They ceased support of the Other OS capable hardware, and gave you the option to upgrade it to newer supported hardware for free. That's the end of the story. You are not entitled to anything you didn't get.

      If you really want a car analogy (this is /. , I guess) it's more like you bought a car that violates current environmental regulations, and the company offered a free modification that would make it legal but reduce its acceleration. They're just providing you an option.

    54. Re:Apparently... by GNious · · Score: 1

      Didn't they claim it can play PS3 games?
      Don't do the update, in order to keep a feature (as recommended by the court), and you loose ability to play new PS3 games, particularly games that the hacker community have shown can run on the older PS3s when firmware-version check is bypassed.

      I read excerpts from the judgement, and judge is basically saying that people can still use OtherOS, as long as they don't upgrade, so nothing is lost ... yeah, except playing new games. (Online gaming is a service, not a feature, which Sony can retract at will, btw).

    55. Re:Apparently... by Khashishi · · Score: 1

      now this is just slandering, unless you have some evidence to back that up

    56. Re:Apparently... by panda+cakes · · Score: 0

      Same (no mention of "Other OS") on the US boxes. Most people outraged by this appear so oblivious that it makes me wonder if they have been really affected by this.

    57. Re:Apparently... by Anonymous Coward · · Score: 0

      This is factually incorrect. The ability to use Linux was listed as a prime feature on Sony's main PS3 webpage, not only at the time, but also *after* they had announced its future removal.

      Your PS Move analogy is incredibly weak too.

    58. Re:Apparently... by Anonymous Coward · · Score: 0

      I would argue that the issue is less that you have the option not to upgrade, but as per a post above, if the system is sent in for repair during the warranty period it will be returned with an updated firmware with no legal option to downgrade. This does seem pretty wrong...

    59. Re:Apparently... by GameboyRMH · · Score: 1

      I don't recall ever seeing a well advertised spec that the cars on the showroom can't go above X mph.

      It's ALWAYS in the brochure's spec sheets somewhere, you just didn't look hard enough.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    60. Re:Apparently... by GameboyRMH · · Score: 1

      An electronically limited speed? Some of those just don't have the power/gearing to go any faster. There would be no point to artificially limiting the speed so low. Most cars affordable to us mere mortals have a speed limiter set around 180kph, usually either because the stock tires aren't rated to go any faster or because they have terrible aerodynamics and would be very hard to control at higher speeds. When you hit that speed the fuel cuts out, the same way the rev limiter works. A quick ghetto way to work around it was to put a resistor in place of the ECU's speed sensor input, but on some modern cars the ECU relies on the speed input for more than telling it when to engage the speed limiter so it's not so simple, and you need to go for a full ECU system swap to something like a Megasquirt.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    61. Re:Apparently... by GameboyRMH · · Score: 1

      Oh I thought I should add a note on an...interesting new car, the Nissan GTR.

      In addition to being a "tamper-proofed" vehicle that won't allow unauthorized mods, it has a speed limiter set around 180kph that will only unlock if the GPS detects that you're on a Nissan-approved track.

      Fuck. That. Shit.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    62. Re:Apparently... by b4dc0d3r · · Score: 1

      because i want to sell them to someone else for extra money.

      bzzt, wrong. "because they posed a safety risk" would have worked. Especially because you weren't clear about whether it is the user's safety or you (the seller's) safety. Car manufacturers often do post recalls to fix safety issues, and if it happens to change the functionality of the car, well too bad. Although I think you'd have more of a case with a car than a console. Judges understand cars.

    63. Re:Apparently... by CronoCloud · · Score: 2

      Sony used the ability to run Linux as a " computer" to get a reduced import tariff versus an "electronic toy". Does Sony get to pay the back taxes now???

      No, they didn't, you are confusing Linux on the PS3, with YaBasic on the PS2. And it failed. it doesn't matter because the tariff was removed shortly after the YaBasic attempt.

      Why do people still get this wrong?

    64. Re:Apparently... by CronoCloud · · Score: 1

      It was written directly on the first-gen boxes.

      As I've said before, you are mistaken, it wasn't, I actually went to a store in 2006 to check a launch PS3's box to see if it mentioned OtherOS, it didn't. My OtherOS capable CECHE box didn't mention it either.

    65. Re:Apparently... by CronoCloud · · Score: 1

      I've confronted some of the outraged people on Slashdot, saying that if there were that many people running Linux on the PS3's....why didn't we see them on the YDL forum.
      As for me, I was affected, but made the choice to update so I'm not complaining.

    66. Re:Apparently... by CronoCloud · · Score: 1

      Where was it listed? I know about the open platform page, but as far as I know that page wasn't linked to from the main Playstation site so you'd only go there if you already had heard about OtherOS from some other source.

    67. Re:Apparently... by jandrese · · Score: 1

      You clicked "I agree", which counts. You can complain about EULAs all you want, but they have not failed in court yet, and have several successes. If you don't like them, don't buy products or services that have them (sorry, no Phone, Computer, Gadgets, Games, etc... for you).

      --

      I read the internet for the articles.
    68. Re:Apparently... by Riceballsan · · Score: 1

      Devils advocate here, I still think it's a dick move, and I think that forfeiture of access to PSN is borderline illegal as the PS3 more or less implied that you would have permanent access to it, but you do have to factor in future games are not a guaranteed access. Much like it wasn't illegal for Nintendo to require you to purchase the memory expansion for the N64 to play some games etc... or in the same regard NES owners had to buy a super Nintendo to play Super Mario world. A console is only legally obligated to be able to play the games that are out for it at the time of purchase, after that all future games just need to have what is required to play them, listed on the box. Upcoming games are just that, unpredictable vapor-ware. If you bought your gamecube to buy duke nukem forever, which was an upcoming title expected to be released for the system, the fact that the game never came to be for the system is not grounds for a refund.

    69. Re:Apparently... by TangoMargarine · · Score: 1

      To flesh out your analogy, let's say that one of the major selling points of the car was that it could go significantly faster than other consumer vehicles (because it violates the regs), but after you buy it, the EPA or whoever is pressuring you to install the modification in order to drive it on public roads.

      --
      Unity? Screw that: XFCE. Slashdot Beta? Screw that: SoylentNews. Australis? Screw that: Pale Moon. UX developers DIAF
    70. Re:Apparently... by TangoMargarine · · Score: 1

      *For some values of "everything" ;)

      --
      Unity? Screw that: XFCE. Slashdot Beta? Screw that: SoylentNews. Australis? Screw that: Pale Moon. UX developers DIAF
    71. Re:Apparently... by Riceballsan · · Score: 1

      I'd say a better analogy would be if your car came with an HD radio, and the car manufacturer cut a deal with a music manufacturer, and thus decided to remove the HD radio from all cars and replace them with CD players.

    72. Re:Apparently... by Sancho · · Score: 1

      future games are not a guaranteed access

      If it says, "Plays on PS3", it should play on a PS3.

      Much like it wasn't illegal for Nintendo to require you to purchase the memory expansion for the N64 to play some games

      Unless I'm mistaken, that dealt with physical limitations on the original console. But at least the games explicitly stated that they required the extra component.

      Additionally, that is adding to the console in a way that can be reversed, unlike Sony's play.

      NES owners had to buy a super Nintendo to play Super Mario world

      Completely irrelevant. It's a different console.

      A console is only legally obligated to be able to play the games that are out for it at the time of purchase

      I'm not sure there's any legal basis for this statement.

      Upcoming games are just that, unpredictable vapor-ware. If you bought your gamecube to buy duke nukem forever, which was an upcoming title expected to be released for the system, the fact that the game never came to be for the system is not grounds for a refund.

      I would agree with you on specific titles. But what Sony did impacted almost every future game past a certain point. This isn't a new console. This isn't even adding new features. This is removing an advertised feature.

    73. Re:Apparently... by Anonymous Coward · · Score: 0

      Fucking Sony apologists. Is there anything sadder? I've got mod points, unfortunately there isn't a "wrong" option.

    74. Re:Apparently... by KDR_11k · · Score: 1

      Sure it's legal what Sony has done but it really shouldn't be. The whole voting with your wallet idea also helps even less than normal because you've already sunk money into the system and games for it.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    75. Re:Apparently... by KDR_11k · · Score: 1

      Also bait & switch isn't a completely strictly defined thing, it only applies if the store doesn't have a reasonable stock of the advertised thing, not just because they sell out. What's a reasonable stock is probably up to a judge or at least the FTC.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    76. Re:Apparently... by alva_edison · · Score: 1

      From the judge's order:Users who chose not to download the update lost access to PSN and would not be able to use any future games, Blu-ray video discs, or other features that might require the update to have been installed. However, during his reasons for allowing the dismissal he only talks about PSN, and forgets about the Blu-ray and future games. That might be enough for someone to appeal, but ianal.

      --
      He effected a bored affect.
    77. Re:Apparently... by alva_edison · · Score: 1

      I think the confusion is over 238.3(c). Best Buy frequently advertises things which are limited, which without this clause would fall under bait and switch as you defined it in your OP (which is more broad than the actual law).

      --
      He effected a bored affect.
    78. Re:Apparently... by alva_edison · · Score: 1

      Number 2 was dismissed as a reason by the judge because it was substantially after the warranty period, so Sony would have no obligation to perform said repairs.

      --
      He effected a bored affect.
    79. Re:Apparently... by alva_edison · · Score: 1

      Or that even if you read it you can't alter it if you wish to purchase the product.

      --
      He effected a bored affect.
    80. Re:Apparently... by gstrickler · · Score: 1

      That's a false interpretation. A machine purchased 6 days before the release of 3.21 firmware would still be under warranty.

      It's bait and switch, and Sony must be held accountable.

      P.S. I'm not even a gamer and I don't own a PS3 (or an Xbox or Wii), so I have no personal stake in this. But as an outside observer, this is wrong, ethically and legally.

      --
      make imaginary.friends COUNT=100 VISIBLE=false
    81. Re:Apparently... by MobyDisk · · Score: 1

      I've been saying the same thing for years. Unfortunately, as of September 10th, in the US, EULAs are now legally binding contracts.

      Start here

    82. Re:Apparently... by coolsnowmen · · Score: 1

      Prove it. A trained monkey can click "I Agree", that doesn't pull me into a contract.

  3. wow by Anonymous Coward · · Score: 5, Insightful

    just wow.

    2015. Sony releases the PS4. Sony releases an update for the PS3 which removes all remaining functionality. When the console is turned on, the message "Buy a PS4!" is displayed. No games will play.

    And now it's legal!!!

    1. Re:wow by game+kid · · Score: 2, Funny

      The sad part is that I fully expect this to happen, right down to the text of the message

      I bet Sony does that sort of thing to their own grandmas' PS3s if they don't bake their cake or serve their sushi the right way. ERR325: invalid cake response--ps3 cannot start but it is still better than wii because they have mario and fuck mario

      --
      You can hold down the "B" button for continuous firing.
    2. Re:wow by TheGratefulNet · · Score: 4, Insightful

      as much as I hate saying this, if you buy sony products, you have only yourself to blame.

      sorry, but it really is true. you find the devil and you are surprised that the devil gets johnny law to do his bidding?

      come on, guys. stop funding sony! they make NOTHING that you absolutely must have. not a thing. and they have a long track record of evil-doing.

      what' it gonna take for kids today to stop buying sony?

      --

      --
      "It is now safe to switch off your computer."
    3. Re:wow by TheGratefulNet · · Score: 1

      sed /find/fund/

      you FUND the devil.

      oh well. some days I can't type for atrac.

      --

      --
      "It is now safe to switch off your computer."
    4. Re:wow by Anonymous Coward · · Score: 3, Informative

      That seems similar to what happened with my first gen iPod touch:
      You must download the latest version of this app to continue using it.
      You must download the latest version of iOS in order to update this app.
      You cannot update to the latest version of iOS because your iPod is too old.

      My solution: I bought an android phone.

    5. Re:wow by Anrego · · Score: 4, Insightful

      what' it gonna take for kids today to stop buying sony?

      Geeks.. I suspect this has been done. Everyone else, it's going to take something that actually hurts them.

      Don't forget, Sony hasn't done anything that would really piss off the general population. Sony gets on our nerves because the areas they are evil in are highly visible to us, but to the average user, non-issues.

      Lest we forget, most users have never heard of the OtherOS feature, didn't care about DRM being installed on their computer (probably amazed it could fit in there with all the other crap they probably had running), and their biggest concern when their credit card info and personal details got stolen was "when can I play games again!".

      Even with the relatively high geek/gamer crossover, I suspect that even if every user who could define in a sentance what the OtherOS thing was about immediately boycotted Sony.. it wouldn't even register as a blip in the profit statements.

    6. Re:wow by jimicus · · Score: 2

      IANAL but AIUI you can't just file a complaint at court and expect a judge to join the dots with existing law. You have to explicitly say "Sony ripped me off contrary to law A". If the suit was started with just "Sony ripped me off!" (which, AFAICT, is exactly what happened), that's not good enough.

    7. Re:wow by Anonymous Coward · · Score: 0

      The first part of your comment makes perfect sense. You know Sony has a long history of treating its customers like used toilet paper, and you bought the device anyway.

      The EULA said "We propose that we can treat you like shit and do whatever we want to this device in the future. If you agree to this, open the packaging and use the device."

      A person could be excused for just not knowing what a steaming bucket of feces Sony has been over the years, but not both. So while I feel bad for anyone that got burned, anyone that was genuinely shocked and tried to sue is something of a dolt.

      The bit about the devil and "johnny law" is silly, as the judge did what he's supposed to do... deal with the law appropriately.

    8. Re:wow by tantaliz3 · · Score: 1

      There should be a "WTF?" mod

    9. Re:wow by tantaliz3 · · Score: 1

      edit: ;)

    10. Re:wow by Anonymous Coward · · Score: 0

      You're a total retard.

    11. Re:wow by thetoadwarrior · · Score: 1, Funny

      And what buy an xbox where they charge for everything including taking a shit in your own home?

    12. Re:wow by Kiraxa · · Score: 1

      RTFA. The Judge said the EULA states that you own your PS3, which is a given. You do not own PSN, that is a License. Sony did not remove OtherOS. They said if you install the newest firmware, it removes OtherOS. See the difference? Sony cannot just shut off your PS3. But they can deny access to PSN and new games. I know its all hip and trendy to hate on Sony, but they removed a feature less than 1% of "gaming" PS3s used. Its not a huge deal other than for nerds to get their panties in a twist over.

      --
      http://phelannguyen.blogspot.com/
    13. Re:wow by Nerdfest · · Score: 1

      Don't forget, Sony hasn't done anything that would really piss off the general population

      Sad, but true it seems. I think I heard that their sales are up even after their huge leak of credit card information, etc.

    14. Re:wow by Zirbert · · Score: 1

      2015. Sony releases the PS4. Sony releases an update for the PS3 which removes all remaining functionality. When the console is turned on, the message "Buy a PS4!" is displayed. No games will play.

      And now it's legal!!!

      Why was this modded "funny"? It's Insightful, maybe Informative, but not funny. This behaviour is exactly what this ruling encourages.

      Between rootkits and this fraud, no one should give Sony a dime of their money.

    15. Re:wow by Anonymous Coward · · Score: 0

      XBOX 360 doesn't BSOD it suffers from a far worse condition commonly known as RROD

    16. Re:wow by cheekyjohnson · · Score: 1

      Sony did not remove OtherOS.

      Then it wouldn't have been removed. They still had to make the patch.

      but they removed a feature less than 1% of "gaming" PS3s used.

      It's not a feature that you personally care about, so therefore it's objectively unimportant? I don't care if it was 1% of customers that were ripped off or 99%. I don't think that forcing people to choose between OtherOS and playing the newest games and being able to access PSN is anything but idiotic. And for what? Because they're overly paranoid?

      --
      Filthy, filthy copyrapists!
    17. Re:wow by cheekyjohnson · · Score: 1

      It's not your fault that Sony did this, but you buying their products is not hurting them and only serves to allow them to continue such practices. The problem is, the average person hasn't had anything happen to them yet, so they probably won't care until something does.

      --
      Filthy, filthy copyrapists!
    18. Re:wow by Anonymous Coward · · Score: 0

      That's just like, your opinion man.
      Protip, not everyone in the world is some crybaby on Slashdot who thinks everything is evil and wants to rape your children.
      Companies are evil in general. They are businesses, business are out for taking your monies.

      Nintendo constantly release hardware revisions and sell them at barely any different price point for using sometimes considerably less materials in making them, constant add-ons in shotgun style in hopes that any of them become big (AKA, the entire Wii system)
      Backfired horribly for them with Wii though, they may have profited hugely from it, but they pissed off developers, core gamers and shareholders immensely.

      Microsoft rip customers off constantly with Live. Live is barely any better than PSN, yet PSN still managed to keep up the pace. The only times PSN really ever fails is when servers are hosted from a user rather than dedicated and their connections are a little dodgy.
      There are certain features Live has over PSN, nobody can deny that, as Microsoft are a software company they are expected to have a generally more solid featureset and ideas. PSN only recently caught up with some of those ideas.
      Worth it overall? Probably not. As you remember, Live players didn't need to have a "gold" account, it is pretty much forced on people in order to pretty much do anything you'd expect as basic online play.

      PS3 does have stuff that others don't have, it is called exclusive developers and internet play that doesn't try to nickel and dime you and is actually decent. (Unlike the Wii online stuff that is still an absolute mess, damn it Nintendo, get it together with WiiU)
      And they aren't that expensive either when it comes to consoles in general.
      As do all the other consoles, they all have things of worth, exclusive games.
      That even includes Apple and Android networks. They are growing pretty damn fast and are becoming a competitor in the industry.
      Still won't get me to buy an iPad though, that IS a complete rip-off. (as are most Apple products)

    19. Re:wow by MikeBabcock · · Score: 1

      Haters gonna hate.

      Sony still made a platform that was open at all.

      Nobody gonna compare to Microsoft who has sued time and again for chipping their consoles? How about Nintendo? Nobody plays nice to hacking except Sony. Sony tried to be open to both worlds and when it was revealed their attempt opened real security issues against their primary revenue on the system, they closed the hole.

      Sounds like investing in a company that cares about the security of their investments. Why you hating?

      --
      - Michael T. Babcock (Yes, I blog)
    20. Re:wow by mattack2 · · Score: 1

      My solution: I bought an android phone.

      Uhhh, have you read the news?(*)

      There are tons of Android phones that aren't getting updates to the current version of Android, much less expecting support in the future.

      (*) Now they know how many holes it takes to fill the Albert hall...

    21. Re:wow by steelfood · · Score: 1

      Just start talking about the evils of Sony IRL. Geeks have a major say in what product people buy and don't buy. People won't always listen, but they do if you offer a compelling enough argument.

      The conversation should go something like this:

      Layman: Which gaming console should I buy?

      Geek: They all satisfy a different need, and are for different types of people, but I'd stay away from Sony. They have a reputation of removing functionality in their updates. When the PS4 comes out, I wouldn't be too surprised if they removed the ability for PS3 to play certain games entirely to encourage people to buy the PS4.

      Layman: They wouldn't do that. People would stop buying their stuff. And they'd get sued.

      Geek: They removed the ability for the PS3 to run Linux through an update. And they got sued for it, but the judge said it was perfectly legal for them to do it. And that's why I don't buy anything made by Sony.

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
    22. Re:wow by adolf · · Score: 1

      Uhhh, have you heard the news?(*)

      There are tons of Android phones that are supported very well by such things as Cyanogenmod.

      (*) That support will be abandoned by its maker at some point is an eventuality. Whether or not it remains useful after that time, however, is a completely different topic.

    23. Re:wow by phorm · · Score: 1

      Seems that happens in other markets already. See the issues with the iPhone 4 release and the Siri app...

    24. Re:wow by RyuuzakiTetsuya · · Score: 1

      Sure, but if I buy an Xbox, or build a gaming rig, then I'm stuck with problems that are way more practical than philosophical.

      I'd rather struggle philosophically while playing games than struggling with BSODs, RRODs, driver problems, etc and not playing games.

      --
      Non impediti ratione cogitationus.
    25. Re:wow by Anonymous Coward · · Score: 0

      Nobody plays nice to hacking except Sony.

      That would be true as far as their network infrastructure goes - but you weren't referring to that, were you?

      Sounds like investing in a company that cares about the security of their investments. Why you hating?

      Thanks for momentarily lifting your mouth away from your bong to post this.

    26. Re:wow by cheekyjohnson · · Score: 1

      I'd rather struggle philosophically while playing games than struggling with BSODs, RRODs, driver problems, etc and not playing games.

      Never had those problems (and/or they were easily fixed). But it's your choice. Just know that it isn't motivating Sony to stop.

      --
      Filthy, filthy copyrapists!
    27. Re:wow by shentino · · Score: 2

      Saying "Screw the 1 percent because they don't even matter" is very clearly a case of tyranny of the majority.

    28. Re:wow by shentino · · Score: 1

      They were jerks for making a promise and then using legal wrangling to cover up their blatantly ass covering clawback.

    29. Re:wow by Anonymous Coward · · Score: 0

      Gotta keep the economy rolling, terrorist.

    30. Re:wow by Kiraxa · · Score: 0

      Saying screw the 1% because they don't even matter makes sense because they don't matter. And they're a bunch of whiny bitches anyways.

      --
      http://phelannguyen.blogspot.com/
    31. Re:wow by shentino · · Score: 1

      You must be part of the other 99 percent.

    32. Re:wow by Anonymous Coward · · Score: 0

      Saying "Screw the 1 percent because they don't even matter" is very clearly a case of tyranny of the majority.

      You are right! We have to stop this tyranny!

      Who's with me? I'm starting Occupy Sony.

    33. Re:wow by scot4875 · · Score: 1

      Don't forget, Sony hasn't done anything that would really piss off the general population.

      Uhh, exposing all of their personal information and credit card numbers to hackers due to completely inept security might count.

      Sadly, all that seemed to do is make people sorry for poor Sony in its fight against the *eeeevil* hackers.

      --Jeremy

      --
      Jesus was a liberal
    34. Re:wow by alva_edison · · Score: 1

      No, the real sad thing is that the processor in the PS4 is likely to be substantially different from the processor in the PS3, enough that they would have to do the same types of things they did to get backwards compatibility working between the PS3 and PS2. That means, we could reasonably expect the PS4 to start with compatibility, but lose it at some point in the future.

      --
      He effected a bored affect.
    35. Re:wow by Anrego · · Score: 1

      Most people don't care about whether their credit card information is properly protected.. which is probably why identity theft is such an epic problem. As said, most users were more concerned with the fact that the network was down.. and in fact the mass of angry gamers demanding Sony bring it up ASAP security concerns be damned was far, far louder than us over here concerned about personal information.

      Even despite surprisingly high news coverage of the event, Sony has actually seen an increase in sales after the credit card thing .. as said originally.. most people just don't care.

    36. Re:wow by MikeBabcock · · Score: 1

      If I promised you web accessible telnet to your website, then realized it was a security problem for all my other customers and removed that feature, you'd think i was a jerk too, right?

      Get over it.

      Sony's the only one who bothered trying to do something nice for people that didn't make them any money, and now people are annoyed because they don't get their free lunch anymore.

      --
      - Michael T. Babcock (Yes, I blog)
    37. Re:wow by Rakarra · · Score: 1

      Sadly, all that seemed to do is make people sorry for poor Sony in its fight against the *eeeevil* hackers.

      Actually from what I saw after so many stumbles people were asking "Jesus, can't they do anything right?" Or the more mild, "Boy, they're having some year, huh?" But those sentiments faded quickly. See, that's the problem, it doesn't -stick-. People forget quickly.

  4. Your first mistake: Trusting Sony by Anonymous Coward · · Score: 0

    Hope you learned your lesson.

  5. Car analogy by Nidi62 · · Score: 5, Interesting

    Would the judge have come to the same conclusion if a car manufacturer released a mandatory update that removed cruise control?

    --
    The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
    1. Re:Car analogy by jandrese · · Score: 1

      Probably not, but car manufacturers and dealers don't have shrinkwrap legal agreements on their vehicles (yet), so it's really not the same thing.

      --

      I read the internet for the articles.
    2. Re:Car analogy by Anonymous Coward · · Score: 0

      That is the exact anology....or his radio, maybe the abs in his 100k Mercedes. It is obvious the judge like others in the US are bought stooges anyway

    3. Re:Car analogy by nightfell · · Score: 3, Insightful

      If you bought the PS3 in order to use OtherOS, the update wasn't mandatory. It's only mandatory for games. No one had OtherOS forcibly removed.

      Not that I agree with their choice, but a Linux PS3 and a Gaming PS3 have different requirements. What was lost was the ability to have both fully functioning at the same time. This seems like something they should have been able to articulate to the judge, but if they just focused on "it's a mandatory update", which is a false statement, I can see how it would be dismissed.

    4. Re:Car analogy by AdamJS · · Score: 1

      It's only mandatory for using other guaranteed functions and features of the system.

    5. Re:Car analogy by hedwards · · Score: 1

      Shrink wrap legal agreements aren't enforceable and it's a shocker that the judge didn't know that. You can't have a legal agreement without a meeting of the minds and the ability to back out. Unfortunately, shrink wrap licenses don't permit for review as one typically has limited ability to return the product, and in many cases no ability.

    6. Re:Car analogy by nightfell · · Score: 1

      Are they guaranteed? If so, the case for a class action suit shouldn't be difficult.

      My suspicion is that they are not guaranteed.

    7. Re:Car analogy by Caerdwyn · · Score: 5, Informative

      If you RTFPDF, an automotive analogy is, in fact, cited in the case. Here, let me get that for you...

      • "With the exception of the “Unjust Enrichment” claim discussed further below, all of the counts are based on plaintiffs’ fundamental contention that it was wrongful for Sony to disable the Other OS feature, or, more precisely, to put PS3 owners to the “Hobson’s choice” of either permitting the Other OS feature to be disabled or forgoing their access to the PSN and any other benefits available through installing Firmware Update 3.21. Plaintiffs offer an analogy: “if Toyota disabled the battery feature in its hybrids and forced owners to use only gasoline, it would not matter whether the auto’s warranties had expired.” Opposition at 1:8-9. In plaintiffs’ view, it should be self evident that, “A manufacturer cannot unilaterally take away a fundamental feature of a product after that product has been sold to a consumer – regardless of whether the warranty is still in effect.” Id. at 1:9-11."2

      But the judge said it's a flawed analogy (as most automotive analogies are):

      • The flaw in plaintiffs’ analogy is that they are claiming rights not only with respect to the features of the PS3 product, but also to have ongoing access to an internet service offered by Sony, the PSN. A somewhat fanciful, but more apt, analogy would be if Toyota sold hybrid vehicles with an advertisement campaign touting that Toyota owners would have access to a recreational driving facility, a no-speed limit amusement park for cars. Then, at some time thereafter, Toyota instituted a rule that its hybrids would not be permitted in the park unless the owners allowed the battery feature to be disabled. In those circumstances, Toyota hybrid owners who declined to authorize disabling of the battery feature would still have fully-functional hybrid vehicles, capable of running on an electric motor or a gasoline engine, as appropriate under the conditions. Similarly, PS3 owners who declined to install Firmware Update 3.21 still have fully-functioning devices, capable of either being used as game consoles to play games on optical disks, or as computers, with the Other OS feature.

      So, what the judge is saying is that this isn't really about Other OS. It's about access to PSN, and that linking access to PSN to disabling Other OS is legal. That doesn't make it ethical, but this is a court not a church. He has to rule on matters of law not emotion.

      For what it's worth, I think that Sony was slime for doing what it did (as they are for many other things that they have done... rootkits, not giving a damn about customer security, etc.), and it will be a cold day in hell before I buy a Sony product or fail to advise others to not buy any Sony product, but IN THIS CASE they didn't run afoul of the law. I also think that it's vastly preferable that judges wield their powers objectively rather than emotionally, because otherwise a racist or homophobic or nationalist or otherwise reprehensible judge would be completely able to get away with imposing their emotion as law.

      I also hope that some of the shrill voices here are never allowed to sit on a jury, because if they are, they would surely decide the case based upon who they liked and hated rather than on the facts and guilt-or-innocence. Mob-think is not a suitable substitute for law or rationality.

      --
      Everybody gets what the majority deserves.
    8. Re:Car analogy by Anonymous Coward · · Score: 0

      The PS3 update was not mandatory. It was a choice. Duh...

    9. Re:Car analogy by gstoddart · · Score: 2

      Shrink wrap legal agreements aren't enforceable and it's a shocker that the judge didn't know that.

      I'm pretty sure that case precedent actually suggests they may be enforceable.

      They can't make up crazy things that you can't legally sign away via contract (ie slavery or your first born), but they are widely deemed to be a valid contract.

      I'm not sure there's been any ruling which categorically says they aren't enforceable ... possibly in some countries, but generally I think they're more valid than you think.

      --
      Lost at C:>. Found at C.
    10. Re:Car analogy by bws111 · · Score: 1

      The only other function affected (as presented in the case) was access to PSN, which, as the judge mentioned, there was no guarantee of.

    11. Re:Car analogy by Anonymous Coward · · Score: 0

      Were no International Trade or FTC rules broken with the retraction of the Other OS feature?

      Still seems like bait and switch, since, it isn't REQUIRED for you to join PSN, yet it WOULD be required to upgrade the firmware if you wanted to play certain newer games. At that point, joining PSN is irrelevant.

    12. Re:Car analogy by chargersfan420 · · Score: 1

      I think where the judge's analogy falls apart is when he assumes your car would still be "fully functioning" if you avoided the amusement park for cars. If I want to buy (insert some new PS3 game here) and play it without ever connecting to the PSN, I'm going to be forced to install a firmware update just to play the new game, aren't I? I don't see how that would constitute my PS3 being "fully functional" anymore. (and I don't see how that could be worked into this car analogy either)

      Not that I own a PS3; I don't. But that's how things are done with my Xbox360.

    13. Re:Car analogy by TheGratefulNet · · Score: 1

      Mob-think is not a suitable substitute for law or rationality.

      wait, what?

      what we have now - you think that's NOT mob mentality?

      you know, I'll take my chances with emotion and jurors. they can sometimes use judgement. laws, otoh, are impersonal and manipulated to be used against those who have less funds and power.

      more times than not, the laws that are made today are unjust and are there because some interest paid for them.

      I have no faith in legal systems. I'd be just as happy throwing a coin. at least the coin isn't bought out by big business and big government (and big religion, too).

      the PEOPLE might be the last holding place for justice. the 'pros' are the last ones I would trust. and yes, I'm serious. if I had a choice between a coin toss and a court trial these days, I'd take the coin toss. would cost less, take less time and probably be more just over time than the alternatives.

      --

      --
      "It is now safe to switch off your computer."
    14. Re:Car analogy by tgd · · Score: 2

      I think where the judge's analogy falls apart is when he assumes your car would still be "fully functioning" if you avoided the amusement park for cars. If I want to buy (insert some new PS3 game here) and play it without ever connecting to the PSN, I'm going to be forced to install a firmware update just to play the new game, aren't I? I don't see how that would constitute my PS3 being "fully functional" anymore. (and I don't see how that could be worked into this car analogy either)

      Not that I own a PS3; I don't. But that's how things are done with my Xbox360.

      And if that happens, you return the game. There's explicitly no guarantee that a device you have now will be applicable for all future use. You can't sue Apple because you buy Photoshop, which requires OSX Lion or later, and you can no longer use some old PowerPC application you were able to use prior to Apple dropped PPC emulation. You have a choice -- upgrade, and lose PPC emulation, or don't upgrade and not use newer software.

    15. Re:Car analogy by bws111 · · Score: 3, Insightful

      A judge (who is doing his job properly) only rules based on what was argued. There is no mention of 'new games' in the order. If 'new games' is really an issue, then it is the plaintiff's fault for not bringing it up.

    16. Re:Car analogy by mrchaotica · · Score: 1

      And allegedly access to newer games that "require" the latest firmware to run...

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    17. Re:Car analogy by ZackZero · · Score: 1

      Valid contention, provided there is a list of games that require firmware installs of v3.21 or up; please mod parent UP in this case.

    18. Re:Car analogy by Anonymous Coward · · Score: 0

      It wasn't just for games. You need PSN to be able to watch newer Blu-Ray movies too.
      I held out on upgrading and losing Linux and Sonic 2 on the PS3 as long as I could. Then I got Back To The Future when it came out on Blu-ray, and it wouldn't play because it had a newer key. Apparently it expires every year or two, so while you can watch all previous movies, the newer ones won't work, I had to upgrade the firmware just to watch a frigging movie!

      http://linux.slashdot.org/story/11/12/13/2028201/judge-dismisses-other-os-class-action-suit-against-sony#

    19. Re:Car analogy by Anonymous Coward · · Score: 0

      The only problem here is that you can't return the game. Once you open the box, the store won't take the game back (I'm not sure how legal that is either, but that's what they tell you.) It certainly isn't obvious until you take the disc out and stick it in the PS3 that you are going to be forced to do a firmware update.

    20. Re:Car analogy by sco_robinso · · Score: 1

      Except, as many other posters have pointed out, the other OS feature was never a feature that was marketed by Sony. Read through the TFA, it makes many valid points.

    21. Re:Car analogy by randizzle3000 · · Score: 1

      (and I don't see how that could be worked into this car analogy either)

      New cleaner gasoline will disable your hybrid car's battery, so you can't use it. Stick to the old dirty gasoline (until there are fewer and fewer stations that sell that type...)

    22. Re:Car analogy by whoever57 · · Score: 1

      Would the judge have come to the same conclusion if a car manufacturer released a mandatory update that removed cruise control?

      If, in your pleadings, you don't state how the law entitles you to damages for the removal of cruise control, then, yes, the judge would come to the same conclusion. Read the summary -- the judge says somthing like: "yes, the plaintiffs were harmed, but they have not explained how the law allows them to recover damages from Sony"

      --
      The real "Libtards" are the Libertarians!
    23. Re:Car analogy by thegarbz · · Score: 1

      Would the judge have come to the same conclusion...

      The thing about judges is that they come to their conclusion based on the evidence put forth by both parties. Had you been there listening to those arguments as a complete outsider you may have come to the same conclusion.

      The lawyers must be really dumb to loose a case like this, and I mean not being able to tell a device which says "Samsung" on the front apart from an iPad dumb. The arguments presented may not have fallen afoul of the law, but a marketed feature here was removed so I don't see how this didn't break some consumer protection laws (assuming you guys have any).

    24. Re:Car analogy by Anonymous Coward · · Score: 0

      Well, I don't really know but I was under the impression that new PS3 games came with new firmware or required it to be installed in order to play them. So, it's not just about not being able to connect to PSN (though since that's also a storefront that's rather dubious as well, "Hey you can always buy these cool games... psych!"), I'm not sure the argument was presented in this way, but it if true it should have been.

    25. Re:Car analogy by canajin56 · · Score: 2

      There is a list: Just about every last game released after 3.21 came out. Sony does not allow games to be released unless they require that you update to the latest firmware as of the time you "go gold". So anything that went gold after 3.21 came out requires 3.21. For example, Portal 2 came out April 19 2011, and PS3 3.60 came out March 10. Plenty of time to put the 3.60 update on the Portal 2 disk and require it to be installed before the game will run, which they did.

      --
      ASCII stupid question, get a stupid ANSI
    26. Re:Car analogy by Caerdwyn · · Score: 3, Insightful

      Valid contention, provided there is a list of games that require firmware installs of v3.21 or up; please mod parent UP in this case.

      True, but if those games were released after the PS3 in question was sold and after Other OS was being advertised, the fact that those new games won't run without the update will be irrelevant for any assertion of warranty or suitability of purpose. If the PS3 with pre-3.21 firmware continues to run every game that it ran at the time you bought it, it passes the legal test (as HizzonorTheJudge pointed out). It's the linkage of continuing PSN access to accepting 3.21+ (and loss of Other OS) that was the remaining point of contention, and it looks like Sony set things up "correctly" (from their perspective).

      Yup, it sucks. The recourse now is to punish Sony with your wallet rather than with a lawyer. Frankly, I think that a boycott will be more effective in any case, as it is much more directly tied to Sony's profit-and-loss statements than a court case that would have at most resulted in a half-hearted firmware update. I buy thousands of dollars' worth of consumer electronics, music, movies, computing equipment and games per year, both for myself and as gifts to others; some of my work has also had me as the decision-maker on five-to-six-figure computer purchases (for both the test lab and for users' desktops and laptops). Sony used to get a good chunk of that. They now get zero, and I don't see what could Sony could possibly do to convince me to change that in the future.

      --
      Everybody gets what the majority deserves.
    27. Re:Car analogy by lexman098 · · Score: 1

      Define guaranteed. They were definitely advertised.

    28. Re:Car analogy by lexman098 · · Score: 1

      If someone bought a Toyota because they were promised access to the driving facility and then later they were excluded because of the battery in their version of said Toyota, then yes that's classic bait and switch. Think about all the salesmen saying "Hey! Your type of car isn't allowed anymore, but we've got a whole lot full of shiny new ones that still are!"

    29. Re:Car analogy by Anonymous Coward · · Score: 0

      It was on the side of my box, and in the owners manual.

    30. Re:Car analogy by Khyber · · Score: 1

      "It's about access to PSN, and that linking access to PSN to disabling Other OS is legal."

      So the completely incompetent fuckwit judge ignores the anti-tying provisions in Magnuson-Moss warranty act. Brilliant. Someone should slap that old and senile fuck upside the head.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    31. Re:Car analogy by gstrickler · · Score: 3, Insightful

      Wrong.

      1. Anyone who send a failed machine to Sony for repair received a replacement unit with OtherOS removed.
      2. PSN and some new games require the firmware update, therefore, a non-updated PS3 is crippled and can't play games that are designed and market for updated PS3's. Since the PS3 is primarily marketed as a game console, the inability to play new games designed for the PS3 is contrary to the primary purpose of the machine, thus "crippling" it.

      --
      make imaginary.friends COUNT=100 VISIBLE=false
    32. Re:Car analogy by SydShamino · · Score: 1

      And allegedly access to newer games that "require" the latest firmware to run...

      But when you bought your PS3, there was no guarantee that newer games would ever exist. What if the platform bombed and Sony discontinued it? Would you have grounds to sue (and not be tossed out)? Probably not.

      Not that Sony aren't dicks in this case... and in every case. I just don't see the argument that "I can't run games that didn't exist when I bought the hardware" to be a strong one.

      --
      It doesn't hurt to be nice.
    33. Re:Car analogy by zippthorne · · Score: 1

      Or a list of games including (and especially) existing ones that require a connection to PSN for DRM purposes....

      --
      Can you be Even More Awesome?!
    34. Re:Car analogy by Anonymous Coward · · Score: 0

      So at the heart of the issue is the fact that a customer and a seller made an agreement, then later the seller modified the product and service he had sold to the customer. The customer then asked the government to take money from the seller as punishment for breaking the original agreement, but the seller reminds government that these types of changes are part of the original agreement.

      So is the real issue here that people are angry that companies cover their asses from litigation by writing up these incomprehensible shields to play by the rules and serve as protection from government theft? If so, I recommend placing blame at the source of the problem by realizing these impenetrable legal documents are a result of our litigious system. Such terms of service are an effect of this nonsensical system.

    35. Re:Car analogy by Anonymous Coward · · Score: 0

      Sorry, basically the check cleared the bank. It's as simple as that.

      A Judge's only duty is to see that procedure is followed; not to interpret the case the way he
      sees fit. An analogy should have never been allowed, well because it's an analogy and irrelevant.
      That allows the real facts to be twisted, hence how Sony won.

      Question: Does installing this required update (for future games) change the black-and-white printed on
      the box requirements/features of the product?
      Answer: Yes

      Sony clearly violated several U.S. laws, but in court you're only "allowed" to present one of those
      (I know you're going to ask what others: bait and switch is a good example) - and build a case with that.
      Unlike criminal procedures where someone can be charged with an unlimited number of charges,
      you're forced to take your best shot and pray that you get lucky. The Judge ruled on the analogy -
      he said so - hence never had to consider the real facts in this case.

      Judges should be ignored in matters like this, the correct thing to do is to make sure all facts
      are aired in court, but attorneys (with the exception of a rare few) are part of the system and do
      not really represent their clients.

    36. Re:Car analogy by Anonymous Coward · · Score: 1

      Ahhhhhhh... more proof that going to /. for legal analysis is like going to a lawyer for advice on C++ syntax.

    37. Re:Car analogy by Anonymous Coward · · Score: 0

      And blu-ray movies. Each year, new blu-ray movies magically require a new firmware to play. Whodathunkit?

    38. Re:Car analogy by Anonymous Coward · · Score: 0

      Actually it does guarantee that if the judge has an IQ above 40.
      You bought a PS3 with the 3 CORE functions of playing PS3 games, allowing the ability to install into "OtherOS" as it was for many people, and the ability to play media in some fashion.

      The PSN was not a core part of that as it was not guaranteed to be available forever as it was not a actual part of the system you bought.

      But if they start taking the 3 core areas that they sold you promising, they are effectively crippling the product after purchase and should be liable for it. This judge was completely ignorant on this one or flat out corrupt (but leaning toward ignorant) and has set an VERY dangerous president. After this case, any company could do this and use this case as an example. Such as when PS4 comes out, Sony could legally disable the PSN, Media Center and both PS1 and PS3 support from the PS3 while offering only basic level PS3 functionality and be completely in the clear for it (although suicide as a company). A care company who puts network access into their care for other purposes could remotely disable cruise control, MP3 support on the radio, and any electronic assisted steering or breaking radio when they release the a newer version claiming bogus reasons and still be legally in the clear.

      This may have only been ignorance and not malice, but even that is enough to do massive damage.

      On the bright side, I now have a clear conscious about any form of copyright infringement or virtually anything (including outright theft if I had the option to restrict it just to them) I do to Sony as they have already done it to their costumers, now only if I still played games so it would make a difference to me, only PS3 I have gotten was what I pieced together from 3 broken ones and all it gets used for is for the kids to play stuff like Fat Princess and Mushroom Wars on.

      Captcha: Implicit

    39. Re:Car analogy by cheekyjohnson · · Score: 1

      But when you bought your PS3, there was no guarantee that newer games would ever exist.

      But if they were made, then you could run them.

      --
      Filthy, filthy copyrapists!
    40. Re:Car analogy by drinkypoo · · Score: 1

      If the complaint was tying then the suit should have included some mention of it.

      PSN is a core feature of the device, and at the time you even got meaningful functionality for free so it would be expected that users should actually use it. What that has to do with anything I don't get, though. PSN is one thing and Other OS is another thing and there's no reasonable basis for taking away one advertised feature if you want to use another advertised feature unless that was made clear at the time of purchase.

      Luckily I decided not to give Sony any money this time around, and if you did (I'm speaking generally here) then you're an asshole anyway after their long and illustrious history of lies, deception, and deceit. Anyone remember the PS2 specifications? Snicker snort.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    41. Re:Car analogy by Anonymous Coward · · Score: 0

      No, you actually have to sign real documents when you buy a car, so if anything they'd have more ground.

    42. Re:Car analogy by steppedleader · · Score: 1

      The Photoshop analogy is flawed -- computer programs clearly state what versions of an operating system they are intended to work with. AFAIK, PS3 games simply say they work with PS3s. That simplicity is half the point of a game console. Also, you can dual-boot different versions of OSX, so you don't actually lose anything but some convenience in the situation you are describing.

    43. Re:Car analogy by steppedleader · · Score: 1

      the plaintiffs contended that Sony forced them into "...the “Hobson’s choice” of either permitting the Other OS feature to be disabled or forgoing their access to the PSN and any other benefits available through installing Firmware Update 3.21." (emphasis mine)

      The plaintiffs probably should have been more specific about the "other benefits" -- it was a little stupid of them only to mention PSN explicitly -- but the judge's ruling seems to have ignored an important part of that sentence.

    44. Re:Car analogy by Anonymous Coward · · Score: 0

      The system time on my PS3 was wrong and I could not set my PS3 to the correct time without doing a firmware upgrade which would also remove the OtherOS option.

    45. Re:Car analogy by Anonymous Coward · · Score: 0

      If the PS3 with pre-3.21 firmware continues to run every game that it ran at the time you bought it, it passes the legal test

      Wait a minute. Maybe I'm misunderstanding that sentence, but it appears you are saying Sony legally can arbitrarily disable the ability for the PS3 to play new games at any time. That they can sell you a PS3 on Monday, then on Tuesday say "if you want to play games released today or later, you need to buy another PS3". I think people generally buy game consoles with the expectation that they will be able to play every game released for that console, whether it is released before or after they bought the console. If new PS3 games are incompatible with old PS3s, you may as well just buy a computer, because the main advantage of a console is gone. If what you claim is the legal test actually is the legal test, it would be stupid for anyone to buy a console when it is launched, since typically not very many games are available yet at that time.

    46. Re:Car analogy by steppedleader · · Score: 1
      Oops, didn't mean to post this anonymously before.

      If the PS3 with pre-3.21 firmware continues to run every game that it ran at the time you bought it, it passes the legal test

      Wait a minute. Maybe I'm misunderstanding that sentence, but it appears you are saying Sony legally can arbitrarily disable the ability for the PS3 to play new games at any time. That they can sell you a PS3 on Monday, then on Tuesday say "if you want to play games released today or later, you need to buy another PS3". I think people generally buy game consoles with the expectation that they will be able to play every game released for that console, whether it is released before or after they bought the console. If new PS3 games are incompatible with old PS3s, you may as well just buy a computer, because the main advantage of a console is gone. If what you claim is the legal test actually is the legal test, it would be stupid for anyone to buy a console when it is launched, since typically not very many games are available yet at that time.

    47. Re:Car analogy by mrchaotica · · Score: 1

      The PS3 hardware was and is advertised as being able to play PS3 games. The new games were and are advertised as being able to run on PS3 hardware. It should not be legally OK to retroactively remove the ability for somebody's PS3 hardware to play PS3 games (new or otherwise)!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    48. Re:Car analogy by shentino · · Score: 1

      And thanks to a combination of res judicata and the fact that it was a class action lawsuit, now NOBODY can sue over it later because the plaintiffs screwed up by not bringing it up at trial when they could have.

    49. Re:Car analogy by shentino · · Score: 1

      This is covered by the "bend over and take it in the ass" clause that says that rich corporations are immune to all accountability for their actions unless taken to task by another rich corporation.

      An 800 pound gorilla is only going to be stopped by a 900 pound gorilla.

    50. Re:Car analogy by Bert64 · · Score: 2

      Many games require newer firmwares, Gran Turismo 5 is one of them and requires 3.5, Portal 2 requires 3.60 etc, and there are a LOT more... Read some of the warez forums, warez users are somewhat better off than by the book linux users because they have a cracked firmware 3.55 and they tend to keep track of which games require newer firmwares.

      There is no statement on the box that these games require a newer firmware, and if you purchase them expecting to play them on your 3.20 ps3 with linux installed you most likely won't be able to return the game either.

      Apparently you also require newer firmware in order to play newer bluray discs, so this is yet another advertised feature which you are expected to sacrifice in order to continue using otheros... Same things apply, the blurays you purchase won't state that they require a non-otheros ps3 and you likely won't be able to return them.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    51. Re:Car analogy by Bert64 · · Score: 1

      The OtherOS feature was clearly presented on numerous sony websites, such as http://www.playstation.com/ps3-openplatform/index.html

      It was also mentioned in advertising, specifically that you could turn the ps3 into a computer and that this was a feature the ps3 had which the xbox 360 and wii lacked.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    52. Re:Car analogy by panda+cakes · · Score: 0

      PS3 games I have do not say anything like this anywhere on the packaging except of 3D games that state the required firmware version. Now, it's not an issue with PS3 in particular but many other game consoles have region locks and every particular game disk won't run on millions of consoles from other regions. If somebody had been able to make a case that games are advertised to work on every hardware unit under a generic name like "Dreamcast","Wii", "PlayStation 2", "Xbox 360" etc then not only Sony but Nintendo, Sega and Microsoft would be liable for every one of them has made region-locked console systems.

    53. Re:Car analogy by Rogerborg · · Score: 1

      otherwise a racist or homophobic or nationalist or otherwise reprehensible judge would be completely able to get away with imposing their emotion as law

      Well said. Judges need to keep a lid on that stuff until they reach the Supreme Court.

      --
      If you were blocking sigs, you wouldn't have to read this.
    54. Re:Car analogy by GameboyRMH · · Score: 1

      Could happen though. See: McLaren F1, Maybach, Nissan GTR. You pay full retail price for them but never own them.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    55. Re:Car analogy by AdamJS · · Score: 1

      Being able to play games on a game system without depending on externalities - a functionality, rather than a service - is kind of implicitly guaranteed.

    56. Re:Car analogy by CronoCloud · · Score: 1

      I never saw that open platform website linked to on any other place other than geek/Linux websites like Slashdot.

      I also never saw any SCEA advertising mentioning OtherOS at all.

    57. Re:Car analogy by AdamJS · · Score: 1

      And being able to play newer games/Blurays, both advertised features. That they did not go this route is just...god, it's Samsung levels of legal incompetence.

    58. Re:Car analogy by Anonymous Coward · · Score: 0

      the problem with not being able to play newer games is in the initial complaint.

      http://docs.justia.com/cases/federal/district-courts/california/candce/3:2010cv01811/226894/1/

      page 8 Quote: "it will be impossible to play new PS3 games;"

    59. Re:Car analogy by alva_edison · · Score: 1

      No, the judge indicated that if it was within the warranty period of the product this would have more merit, but the update fell outside the warranty dates for all consoles which had the OtherOS feature.

      --
      He effected a bored affect.
    60. Re:Car analogy by steppedleader · · Score: 1

      Well, if that is the case, then the judge was just plain wrong, because the Fat consoles all had the feature, and the Slim wasn't released until September 1, 2009. The The 3.21 firmware was released April 1, 2010. The PS3 has a one year warranty from the date of purchase, so unless there was a 5 month period where zero new PS3s were sold, it can't possibly be true that all OtherOS-capable consoles were beyond their warranty period when the feature was removed.

    61. Re:Car analogy by Anonymous Coward · · Score: 0

      I bought a piece of hardware and did not agree to any EULA at purchase time. The EULA for the pre-loaded software on the console should have nothing to do with how I choose to use it.

    62. Re:Car analogy by N1CK3Y · · Score: 0

      Hey, looky-look what I got here! It's NBA Streets Vol. 2 for Nintendo Gamecube and - OH - What's that? A PAL logo? What could it possibly mean? And what do those cryptic scripture on the other side mean? Let me read this for you : "IMPORTANT: Utiliser seulement avec la version PAL de la NINTENDO GAMECUBE. N'est pas compatible avec les versions Japonaises, U.S. ou Brésiliennes de la NINTENDO GAMECUBE" I think this barely translates to : "Screw you, Americunt!"

  6. Huh? by Nerdfest · · Score: 3, Insightful

    Sony advertised this as a specific feature of the platform. They then took it away (or took away other abilities if you chose to keep that one). How the hell could the case be dismissed?

    1. Re:Huh? by ksd1337 · · Score: 1

      Maybe it's time to update the famous Teddy Roosevelt quote: "Speak softly and carry a fat wallet; you will go far."

    2. Re:Huh? by Anrego · · Score: 1

      Probably because you effectively agree via the EULA to pretty much let them do whatever they want as a condition of using their product.

      It's dirty and I think the law needs to step in and remove that kind of power from EULAs, but it's reality!

    3. Re:Huh? by Anonymous Coward · · Score: 5, Informative

      Read the ruling. What it boils down to is that, even though PSN + Other OS were both advertised features, there is no guarantee that PSN will exist indefinitely. And, the court acknowledges that it is at Sony's discretion. Because you have the choice of installing firmware 3.21, or not, Sony hasn't violated their original agreement to provide Other OS functionality.

      It's not very complicated, in fact it's downright easy to read, and fairly well articulated at that..

      If Sony had disabled Other OS without a user's choice, they would be paying some large settlement costs right now. As it is, they only pay their lawyers to defend against an obviously weak case.

      Sorry, that's just how it is.

    4. Re:Huh? by AdmiralXyz · · Score: 1

      How the hell could the case be dismissed?

      Want to know something amazing? You can find out! You can click that link up in the summary, read the full text of the decision, and find out! Isn't technology amazing?

      For what it's worth, the judge ruled that because Sony had not actually removed the functionality- what they had done instead was ban unmodified PS3s from accessing their service- what they were doing was legal. You may not agree with the decision, at least try to get a grasp on the logic behind it before you start yelling.

      --
      Dislike the Electoral College? Lobby your state to join the National Popular Vote Interstate Compact.
    5. Re:Huh? by Jeng · · Score: 2

      If I buy an item, and it has more than two features that I want I am going to be pissed right the fuck off if I have to choose later between the two features because I can only keep one. I bought them both, I should be able to use both unless otherwise compensated.

      --
      Don't know something? Look it up. Still don't know? Then ask.
    6. Re:Huh? by slinches · · Score: 2

      And if it was as simple as that, there wouldn't be any argument. Too bad that's not the case at all. The judge either ignored or missed the significance of the plaintiff's claim that all PS3 games released since have (by Sony's rules) required firmware 3.21 or later to function. Not agreeing to the update didn't just cut off access to PSN, it effectively made it not a PS3 (by definition, since it can't play PS3 games).

      --
      Knowledge Brings Fear
    7. Re:Huh? by mrchaotica · · Score: 2

      Here's a question: can you "downgrade" the firmware? 'Cause if you can't, and the user "upgraded" by accident, then they don't really have the choice to run Other OS anymore, now do they?

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    8. Re:Huh? by lexman098 · · Score: 1

      It's not so much abut Sony being required to provide PSN indefinitely as it is the arbitrary discrimination against those with the otherOS feature. They advertised otherOS + PSN, then they made it into a choice of one or the other. That's not the same as taking down PSN which they of course are entitled to do.

    9. Re:Huh? by Anonymous Coward · · Score: 0

      If I buy an item, and it has more than two features that I want I am going to be pissed right the fuck off if I have to choose later between the two features because I can only keep one. I bought them both, I should be able to use both unless otherwise compensated.

      Yes and you'd have a case, but here the judge decided that PSN doesn't count as one of those features. OtherOS does. I'd love to hear an explanation of that part of this ruling especially considering new games and BluRay disks will not work without the update. My guess is the plaintiff put too much effort into defending keeping OtherOS and not enough defending the other features. Hopefully they can amend.

    10. Re:Huh? by Anonymous Coward · · Score: 0

      Sony advertised this as a specific feature of the platform.

      Actually, they didn't. You will not find a single advert advertising Linux capability. All you will find is "it can also run" comments.

    11. Re:Huh? by Anonymous Coward · · Score: 0

      Who the hell wants PSN? I want to be able to play new games I buy in the store and use the OtherOS feature.

    12. Re:Huh? by Anonymous Coward · · Score: 1

      The judge either ignored or missed the significance of the plaintiff's claim that all PS3 games released since have (by Sony's rules) required firmware 3.21 or later to function.

      The plaintiff did not make this claim.

    13. Re:Huh? by Anonymous Coward · · Score: 0

      No, you can't downgrade, at least not without a jailbreak. Hence the fact that OtherOS users who send their PS3 in for warranty service get a PS3 back that can no longer run OtherOS (since Sony conveniently upgrades the firmware for you). Or maybe you know that and were asking a rhetorical question.

    14. Re:Huh? by mrchaotica · · Score: 1

      Indeed, it was a rhetorical question. Now, for one that isn't rhetorical: did the judge ever consider this?

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    15. Re:Huh? by Bert64 · · Score: 1

      PSN was a separate service, which you can use the PS3 to access... I can understand how using this as an argument would fail.

      On the other hand, the fact that you can't play new games or blurays while still retaining access to otheros is a much stronger argument, there are now many games on the market which are labelled as ps3 compatible, and the marketing for the ps3 originally claimed it can play games which are labelled as ps3 compatible as well as run linux...
      And yet in order to play these new games you have to sacrifice the ability to run linux.
      The games have no visible markings pre-sale stating that they require a newer firmware, and that installing this firmware will remove features from your ps3.
      It is unlikely that having purchased one of these games and found this out, that you would be able to return the game.

      The lawyers screwed up pretty badly if the basis for their case was access to PSN, it should have been the ability to play purchased games and run linux on the same device.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    16. Re:Huh? by CronoCloud · · Score: 1

      The 3.21 update was special and required that you agreed to it, not just once as is usual for PS3 firmware updates, but TWICE, and tells you in no uncertain terms that updating to it, will remove OtherOS. They were trying hard to prevent accidental updates.

  7. what about hard copy games? by Anonymous Coward · · Score: 1

    The judge stated that Sony had no obligation to keep PSN available to everyone. But did they have an obligation to keep the PS3 physical game library available to everyone?

    1. Re:what about hard copy games? by warchildx · · Score: 2

      actually, the PSN network is again one of the items that IS marketed with the device. Unlike xbox, PS3 allows free online play as a reason to pay sony for the hardware in the first place.

      Removing it after the fact (other than for breach of contract terms) should be considered bait and switch as well.

  8. This didn't pass in Finland by Picardo85 · · Score: 4, Informative

    In Finland Sony lost this battle and were judged to pay damages to everyone with the 1st gen PS3s that were affected.

  9. Okay Okay Okay I've Got It! by eldavojohn · · Score: 5, Funny

    Sony Marketing Executive: Okay all we're going to do is advertise that the Playstation 4 can play the games from any system ever made.
    Sony Engineer: But that's not true ... well, I mean it could technically run some sort of emulator for each system if it existed but ...
    Sony Marketing Executive: Shut up, we just announce after the launch that this functionality was disabled because of "security concerns."
    Sony Lawyer, Son of Satan: I can work with that.

    --
    My work here is dung.
    1. Re:Okay Okay Okay I've Got It! by Nerdfest · · Score: 2

      I'm confused. I keep seeing posts like this modded ''funny".

    2. Re:Okay Okay Okay I've Got It! by rwiggers · · Score: 1

      That's because there's no "sad but true" mod.

  10. I don't understand by v1 · · Score: 1, Redundant

    how the fairly basic logic of "they sold me the product with the marketed feature xyz which I valued and used, then disabled it after purchase, without compensation and with only forced permission" doesn't warrant relief?

    (by "forced permission" I mean they asked, do you want your OtherOS to continue to work, or do you want your BluRay player to continue to work on new titles?" You were forced to choose which feature they were going to disable)

    Further, how was it that all of the individuals that opted out of the class action and took them on themselves also lost?

    --
    I work for the Department of Redundancy Department.
    1. Re:I don't understand by CanHasDIY · · Score: 1

      (by "forced permission" I mean they asked, do you want your OtherOS to continue to work, or do you want your BluRay player to continue to work on new titles?" You were forced to choose which feature they were going to disable)

      Agreed; I would say any time the choices are "agree to these new, draconian terms, or we turn your $400 piece of hardware into a brick" would qualify as being agreed to under duress; perhaps I'm mistaken, but I was pretty sure any contractual agreement signed under duress was legally considered non-binding.

      Appeal it, maybe the next judge will have a fucking brain.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    2. Re:I don't understand by Anrego · · Score: 2

      how the fairly basic logic of "they sold me the product with the marketed feature xyz which I valued and used, then disabled it after purchase, without compensation and with only forced permission" doesn't warrant relief?

      You have to squeeze in another step:

      "they had me agree to an EULA that basically allows them to do whatever the hell we want as a condition of using their product".

    3. Re:I don't understand by bws111 · · Score: 2

      It is explained clearly in the order. The key is PSN, which is owned by Sony, not you. Access to PSN is completely at their discretion, and you have no reasonable expectation that you will have access forever. They changed the rules of PSN access to be 'no OtherOS'. YOU elected to install the upgrade (remove the feature) in order to continue access to THEIR service. Nothing was 'forced'. It was YOUR decision.

    4. Re:I don't understand by Hamsterdan · · Score: 2

      And newer games?

      Some games might require PSN for their DRM, or might require a newer firmware. Now, since most stores won't take back games, it's either

      a) give in and remove OtherOS by updating the firmware
      b) bite it and lose 60$ for an unplayable game.

      What if my console breaks and has to be serviced? I would *love* my carmaker to disable cruise control because the car was serviced under warranty...

      --
      I've got better things to do tonight than die.
    5. Re:I don't understand by slinches · · Score: 2

      Actually, any games that were compiled after the release of firmware update 3.21 do require that firmware or later. I don't know exactly what the rules are, but I think Sony requires game developers to use the latest SDK available prior to release. Even with older games, there's no way to tell if it will work since there's no indication of firmware version requiremenst on the box and newer disk runs may carry the newer firmware requirement.

      --
      Knowledge Brings Fear
    6. Re:I don't understand by Anonymous Coward · · Score: 0

      Which actually means the judge was taken for a ride. It isn't just access to PSN that you have to choose, it's all the other basic functionality of the PS3. You want to keep playing games? You have to give up Other OS. You want to keep playing Blu Rays? You have to give up Other OS.

      So, unless the only thing you actually want to do with your PS3 is use Other OS, it was absolutely not a decision of any kind. Statements to the contrary are short sighted and factually incorrect.

    7. Re:I don't understand by ejasons · · Score: 1

      Nothing was 'forced'. It was YOUR decision.

      I can no longer access netflix without upgrading the firmware. Though, I guess that it's not clear whether continued netflix access was ever promised...

    8. Re:I don't understand by Bert64 · · Score: 1

      Also patches applied to older games may increase the firmware requirements...

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    9. Re:I don't understand by CronoCloud · · Score: 1

      So, unless the only thing you actually want to do with your PS3 is use Other OS,

      What some people may not realize is that a PS3 with an OtherOS install might actually be mostly useless for games, because of the partitioning schemes.

      You had a choice:

      10GB for GameOS, the rest for OtherOS or 10GB for OtherOS and the rest for GameOS.

      The first cripples gaming and media functionality, the second cripples OtherOS. (some massive compiles will fail if you don't have enough space on OtherOS, which was reported a few times on the YDL forums)

  11. Haha by Baloroth · · Score: 2

    "Security concerns." This made me laugh, coming from Sony. Especially since it came in early 2010. It's a lie. Trotting out the "security" card just makes them look better.

    Unless, of course, by "security" they meant "preventing people from hacking our bootloader." Or trying, rather.

    --
    "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
    1. Re:Haha by Anonymous Coward · · Score: 0

      Maybe the server that was holding all the customer credit cards on the PSN was running Other OS and they forgot to disable it?

  12. Man I miss the days of masked ROMs ... by MacTO · · Score: 2

    Sure we were stuck with bugs and we wouldn't get wonderful whiz-bang features, but at least we wouldn't have to worry about the vendor modifying the device that we purchased after the fact. (Even though I wasn't hit by the PS3 fiasco, TI did something on their calculators quite a few years back.)

    For what it's worth, I think one of the arguments made in favour of Sony was that you didn't have to upgrade your PS3's firmware. Which may be true, but it doesn't negate the fact that the firmware updates are required for newer games and people also expect to buy newer games when they get a PS3.

    1. Re:Man I miss the days of masked ROMs ... by Anonymous Coward · · Score: 0

      Funny enough - I'm in that category.
      I ran out to get a PS3 when I heard that they were going to remove emulation of PS2 games - and I knew I wanted a PS3 eventually for Gran Turismo 5 anyways.
      Well, GT5 got delayed again and again, and several years later, this idiotic decision from Sony came along. GT5 came out after that.

      So now, I'm stuck with a PS3 with firmware 3.15 which I refuse to upgrade out of principle (I'm simply not going to let them gimp my system in that way), no access to the PSN, and a shrink wrapped version of Gran Turismo 5 which I can't play without upgrading. (And I'll be damned if I pay Sony to buy a second PS3).

      I think I'll wait for the hacker community to bail me out on this one. Any news on this front?

      Needless to say, it's the last Sony product I'm ever buying though. I'd like to urge everyone to boycott those bastards too.

    2. Re:Man I miss the days of masked ROMs ... by Bert64 · · Score: 1

      Install a hacked 3.55 dual boot firmware, you will be able to run GT5 and boot Linux...

      As an aside, you will also get access to a 7th SPE and the GPU from within Linux.
      And you'll be able to play games which require firmwares between 3.55 and 3.15 versions, although i'm not for a minute suggesting that you actually buy any games from them.

      Although you still won't get PSN...

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
  13. Expected by Anonymous Coward · · Score: 0

    While I don't agree with what Sony did or with the court decision, it was kind of expected really. That feature simply existing was a bit of a surprise for me, and with no 'real', active community behind that feature I personally thought it was just a matter of time before Sony removing the feature for no reason other than 'protect' their platform better and evading people buying PS3 as low-cost computer clusters (they sell it for less than it costs to produce to get money in game sells).

    I don't think it is particularly wise buying a PS3 just because of that feature, specially given Sony history.

  14. It could be corruption. by syousef · · Score: 1, Flamebait

    Sony advertised this as a specific feature of the platform. They then took it away (or took away other abilities if you chose to keep that one). How the hell could the case be dismissed?

    It could be corruption. I'm not alleging it here, just speculating, for fear of being sued by Sony. Even though based on this judgement I should be able to allege whatever I like then take away that feature at a whim. Sony may or may not own one or more judges. Or alleged judges as the case may be.

    Ipso facto ergo proctor hoc hoc dibildy do be do shebop. "Like a milking stool, my case rests on three legs". I am the law.

    --
    These posts express my own personal views, not those of my employer
    1. Re:It could be corruption. by syousef · · Score: 1

      Whoosh....talk about a community with no sense of humour.

      --
      These posts express my own personal views, not those of my employer
  15. Better lawyers! by sd4f · · Score: 1

    Sounds like the class need better lawyers!

    1. Re:Better lawyers! by msauve · · Score: 2

      Better judges would be preferable.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    2. Re:Better lawyers! by sd4f · · Score: 1

      I don't think so, because from what i read, the judge was being impartial, if the class presented a case stipulating what laws sony broke, then the judgement would have been based on those merits, but from what i can see, the class lawyers came in more or less saying "they tooks mah linux". You can't just go into court like this guy http://youtu.be/wJuXIq7OazQ

  16. New EULA - void rights to class-action lawsuits by RichMan · · Score: 3, Informative

    You have to love the new EULA Sony put in place.

    http://legaldoc.dl.playstation.net/ps3-eula/psn/u/u_tosua_en.html

    Class Action Waiver. .... ((sorry had to remove the text I pasted -- stupid slashdot filter says I am using to many caps. I copied the original text verbatim))

    1. Re:New EULA - void rights to class-action lawsuits by eddy · · Score: 4, Informative
      --
      Belief is the currency of delusion.
    2. Re:New EULA - void rights to class-action lawsuits by the+biologist · · Score: 0

      Good thing you can't actually sign away your rights in this way.

    3. Re:New EULA - void rights to class-action lawsuits by Dyinobal · · Score: 1

      Corporations have more rights than people in america, these days. I dunno how any court can look at these EULAs that remove so much of a consumers rights. What next an EULA that prevents me from posting a bad review or the companies product?

    4. Re:New EULA - void rights to class-action lawsuits by dcollins · · Score: 2

      "What next an EULA that prevents me from posting a bad review or the companies product?"

      Already done for health care, maybe more: http://arstechnica.com/tech-policy/news/2011/05/all-your-reviews-are-belong-to-us-medical-justice-vs-patient-free-speech.ars/

      --
      We know where leadership by an anti-intellectual "strongman" who scapegoats minorities and likes boisterous rallies goes
    5. Re:New EULA - void rights to class-action lawsuits by Anonymous Coward · · Score: 0

      In the US you can. You can thank some big telecom cases for that. Enjoy!

    6. Re:New EULA - void rights to class-action lawsuits by msauve · · Score: 2

      You mean like how DB vendors try to prevent you from disclosing benchmarks of their products?

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    7. Re:New EULA - void rights to class-action lawsuits by marcosdumay · · Score: 1

      You haven't read many EULAs at the last 10 years, have you?

      You can't publish a review of most Microsoft or Oracle products without authorization.

  17. Corporatism Strikes again by Anonymous Coward · · Score: 0

    Once again, our government has sided with corporations over individuals.

  18. Where's the FTC in all this? by atari2600a · · Score: 2

    I'm pretty sure a blatant bait-&-switch brakes some sort of law...

    1. Re:Where's the FTC in all this? by Anonymous Coward · · Score: 0

      It might even break a law or two.

    2. Re:Where's the FTC in all this? by petteyg359 · · Score: 1

      You'd have to accelerate the law, first. Go, law, go!

    3. Re:Where's the FTC in all this? by atari2600a · · Score: 1

      I'll get right on overclocking it's big-bore kit with some cocaine.

  19. Aleeeeex! by Anonymous Coward · · Score: 0

    Aleeeeex! I blame you!

  20. judge's logic by bcrowell · · Score: 4, Insightful

    You can see the judge's logic on p. 5 of the order. He says users had the option to refuse the software update, keep running Linux, and stop using PSN. "Nothing in plaintiffs' factual allegations or their arguments is sufficient to support a conclusion that Sony has any obligation to maintain the PSN in operation indefinitely." This seems strange to me. When you buy a PlayStation, part of what you're paying for is access to PSN. Of course nobody expects PSN to be operational in 100 years, but neither does anyone expect PSN to be permanently shut down one hour after they buy their PlayStation.

    1. Re:judge's logic by Anonymous Coward · · Score: 0

      Or that permanently destroying capabilities present in a device that you own (and was sold as such by the same company) is an enforceable contract condition should you elect to continue using the PSN.

    2. Re:judge's logic by Anonymous Coward · · Score: 3, Informative

      Of course nobody expects PSN to be operational in 100 years, but neither does anyone expect PSN to be permanently shut down one hour after they buy their PlayStation.

      Unfortunately (or fortunately, depending on the circumstances), expectations are not part of legal contracts. While it would be nice if everyone fulfilled any contracts to the satisfaction of both parties, it would also make having those contracts pretty pointless. Since Sony does not advertise or guarantee access to PSN unconditionally, they are within their rights to cut off access to the PSN. It doesn't make the move any less unethical, but legislating ethics (particularly from a judicial bench) has always been shown to cause more problems than it solves.

      On the other hand, it does seem like anyone who updated their firmware without being aware of the change to Other OS status might have a reasonable claim against Sony, assuming that they were not warned ahead of time. I don't have a Playstation, so I don't know how the update process works, but most systems that I have seen tend to say "You need to install this update!" and only give a changelog after you have installed it. IANAL, but I imagine that Sony should have to advertise any changes to the capacity of your playstation, such as "your playstation can't use OtherOS," before they actually take away functionality.

    3. Re:judge's logic by arose · · Score: 1

      Furthermore, PSN still exists.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    4. Re:judge's logic by shentino · · Score: 1

      Sony's true victory is whipping up a lovely FUD laced batch of koolaid that the gaming crowd drank down that plastered the hacker crowd as nothing but a pack of cheaters and pirates that flat out DESERVES to get screwed by Sony.

      Defending folks like Geohot is the fastest way to make your own name absolute mud.

    5. Re:judge's logic by CronoCloud · · Score: 1

      On the other hand, it does seem like anyone who updated their firmware without being aware of the change to Other OS status might have a reasonable claim against Sony, assuming that they were not warned ahead of time. I don't have a Playstation, so I don't know how the update process works, but most systems that I have seen tend to say "You need to install this update!" and only give a changelog after you have installed it.

      Updating to 3.21 (and I assume to any other firmware from 3.15) is special. It warns you in no uncertain terms that updating will cause you to lose OtherOS and requires that you agree to the update not just once, which is usual, but twice.

  21. Who cares by Anonymous Coward · · Score: 0

    about six year old hardware. You can buy far more powerful hardware to run your OS of choice on today. This is a non-issue, just more Slashdot BS red meat for the geek crowd. Get yourselves all in a lather about something which you've never used. I seriously doubt most of you ever ran a different OS on a PS3. You just like to be outraged about it.

  22. Friends Don't Let Friends Buy Sony by Anonymous Coward · · Score: 0

    ... what? You also want a comment?

    Re-read the subject line again!

  23. Service by Oxford_Comma_Lover · · Score: 2

    Don't attribute this to corruption or bribery, as there is evidence of none and there is no reason to believe they exist here--particularly with federal judges, there is almost never an issue as to corruption. They don't need to be reelected.

    No, here the problem was that the judge viewed Sony's behavior as akin to operating a private park it allows people to drive in if they agree to disable a feature of their cars. So people are still allowed to use the features of their cars if they do not go into the private park, but if they agree--i.e. if they agree to disable the Other O/S feature in order to use Sony's network--then that's fine, and it's not illegal for Sony to ask them to. To win, plaintiffs would have had to show they had a legal entitlement to continued access to the network. They didn't, so the judge tossed the case.

    --
    -- IANAL, this isn't legal advice, and definitely isn't legal advice for you. Also, Squee!
    1. Re:Service by Totenglocke · · Score: 3, Informative

      No, corruption or bribery couldn't possibly have to do with him stating that Sony did nothing wrong by advertising a feature of a product, selling you said product with that feature, then coming back later and removing it. Again, this double standard with software companies NEEDS TO STOP. If Ford decided to disable your navigation system (that was sold to you as part of the car) when you took your car in for maintenance, you'd be able to sue them to hell and back. But when a software company does it, it's just peachy.

      To win, plaintiffs would have had to show they had a legal entitlement to continued access to the network. They didn't, so the judge tossed the case.

      You mean like paying for the console (advertised as having access to PSN and other OS) and not providing any reason to be banned, such as using hacks to cheat in games?

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    2. Re:Service by Oxford_Comma_Lover · · Score: 3, Insightful

      He did not say that Sony did nothing wrong--he said the plaintiffs hadn't made their case. There is a massive difference.

      Did the console payment legally entitle the user to have access to the network? The plaintiffs failed to show that it did. Sony doesn't have to provide a reason to be banned if their contract doesn't require them to--whereas Ford and other auto companies might promise to provide service as part of a package that obligates them to do so. But if they required you to disable your navigation system as a condition of their repairing a car they were not obligated to repair, I don't see why you would be able to sue them for that. (It would be a poor sales move, though.)

      --
      -- IANAL, this isn't legal advice, and definitely isn't legal advice for you. Also, Squee!
    3. Re:Service by shentino · · Score: 1

      I love how the judge only cited the fact that you lose access to Sony's PSN, and conveniently leaves out the loss of play of blu-ray and new games that require OtherOS shunning firmware versions.

      The judge pretty much applied the PSN TOS to everything else that keeping your firmware will stop.

      Hint: New games and new blu-ray movies aren't subject to the PSN TOS

    4. Re:Service by HiThere · · Score: 1

      Why should I assume that because he doesn't need to be re-elected, he's not corrupt? That doesn't make any sense.

      I will agree that I know of no evidence that he's on the take. I won't go any further than that. This is a corrupt decision. If the law actually justifies it, then the law is corrupt. I don't, however, believe that the law justifies it. I believe that the judge, or possibly the judicial process, is corrupt.

      You don't need to be taking bribes to be corrupt. Not that I'm certain he wasn't taking bribes, but I know of no evidence that he was. This, however, doesn't prevent the decision from being corrupt. And it doesn't prevent me from believing that those who intentionally support such a decision from being corrupt. If it's not their financial ethics that are corrupt, then it's their sense of justice. (I will grant that the court system no longer even seriously pretends to be intended to produce justice, but that is it's sole rationality for existing. [Not the sole basis. I'm aware of enabling legislation, and consider that totally beside the point.])

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    5. Re:Service by Anonymous Coward · · Score: 0

      When it's "accept this or your product is half a brick" and when they've taken extreme measures to prevent the owner from jailbreaking, the "repair my car" analogy is not even close to an analog. It becomes "we're the only ones who can modify your car, and you will be forbidden from accessing the entire roadway if you don't accept the fix we're going to do, but we didn't take away your car--you can still honk the horn!"

    6. Re:Service by Totenglocke · · Score: 1

      Did the console payment legally entitle the user to have access to the network? The plaintiffs failed to show that it did.

      Really, the fact that it's advertised RIGHT ON THE BOX as part of the package that you're buying is "failing to show" that PSN is bundled with buying a PS3?

      Sony doesn't have to provide a reason to be banned if their contract doesn't require them to--whereas Ford and other auto companies might promise to provide service as part of a package that obligates them to do so.

      Nothing in a cars warranty says that they can't remove features at their will. It simply says that anything that breaks must be replaced at no charge for a certain period of time.

      But if they required you to disable your navigation system as a condition of their repairing a car they were not obligated to repair, I don't see why you would be able to sue them for that. (It would be a poor sales move, though.)

      Because something that is fully functioning should never be broken after it's returned from being serviced. Just like how if you take your desktop to the Geek Squad to have a bad motherboard replaced, you can sue them if they remove or damage your video card that was working fine before.

      My question to you is, what motivation do you have to promote Sony behaving in both a criminal and unethical manner? Everything that I pointed out is something that any other company could be sued over and would be found guilty - yet we routinely give software companies a pass on being held to the same standards.

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    7. Re:Service by Oxford_Comma_Lover · · Score: 1

      Saying something on the box doesn't necessarily make it a legal obligation. It has to be analyzed under principles of contract law. That doesn't mean that saying something on the box doesn't expose the company to false advertising liability, which is different law.

      On the warranty, if they are obligated to repair it, then they probably can't break it in order to repair it--unlike SONY, which is not obligated to provide access, but will allow access if they can break it. At least, that's the argument.

      On the third point, surely they could break it with your permission? "We will service your motherboard if we can take your video card." That is the analogy that the court seems to buy.

      No motive at all--I just glanced at the opinion. And I am not saying Sony did the right thing, ethically. Or that their action was non-criminal, as I certainly haven't spent the time to figure that out. I have just noted the reason why this case came out as it did.

      --
      -- IANAL, this isn't legal advice, and definitely isn't legal advice for you. Also, Squee!
    8. Re:Service by Rakarra · · Score: 1

      No, corruption or bribery couldn't possibly have to do with him stating that Sony did nothing wrong by advertising a feature of a product, selling you said product with that feature, then coming back later and removing it

      That's right. Legally a company can advertise features in their product, then later remove them if the agreement says that they can remove them. Why does corruption and/or bribery of the judge have to be a factor if Sony is legally in the clear?

      What needs to happen is people refusing agreements that have such stipulations in them, or taking their business elsewhere when the company becomes abusive. But the truth is that only a very small number of people actually care about this issue, and that's why Sony et all can get away with this sort of thing.

    9. Re:Service by Totenglocke · · Score: 1

      They listed it on the box as a feature of buying a PS3. You buy a PS3 and you get to use the multiplayer component of your games via PSN. That IS an obligation because you listed it on the box and advertised it as part of the system.

      unlike SONY, which is not obligated to provide access

      Yes, they are! They sold you PSN as part of the PS3 package. They are completely obligated to provide you with the ability to use the feature that you PAID for unless you do something ban worthy (cheating).

      Right, you're just arguing that Sony did nothing wrong, but you don't share the view that they did nothing wrong.

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    10. Re:Service by Anonymous Coward · · Score: 0

      do an APPEAL

  24. Lawyers failed by sugarmotor · · Score: 1

    Sounds like the lawyers didn't do a good job explaining Sony's fault

    --
    http://stephan.sugarmotor.org
    1. Re:Lawyers failed by canajin56 · · Score: 2

      Correct. They hinged it all on "We deserve PSN forever" instead of "if you don't update you can't play games released after March 2010". Don't see how the judge could say "When you buy a PS3 there is no reasonable expectation that it will be able to play new PS3 games and BluRay movies". But they didn't make that claim so there's nothing to rule on in that regard. Judges can't do the lawyers' jobs for them!

      --
      ASCII stupid question, get a stupid ANSI
    2. Re:Lawyers failed by panda+cakes · · Score: 0

      The original complaint had dozens of points including bluray, games and even "I've lost my data" among others. Sony moved to dismiss and the judge tossed all of them out except for this, PSN-based one, as the only semi-reasonable. Plaintiffs filed a new complaint based just on the PSN entitlement, Sony moved to dismiss again again and the judge agreed again. This is all based on what I read in the groklaw's reports http://www.groklaw.net/articlebasic.php?story=20110218181557455

  25. How Dare You! by eldavojohn · · Score: 2

    ... and why you, sir are the one who is not at all bright ...

    How dare you intervene on my behalf! I'll have you know that I'm easily twice as dim as he is!

    I prefer to remain underestimated with low expectations of my performance.

    --
    My work here is dung.
  26. Re:Just build a PC for God's sakes by Anonymous Coward · · Score: 0

    Aside from the 6 month window when PS3's were actually cheaper than equivalently powerful computers for some calculations there hasn't been a legitimate reason for other OS.

    "I want to run Linux on my PS3" is itself a legitimate reason for Other OS. It doesn't require justification, and no intelligent argument can ever be made that it does.

    You know that this is an absolute fact, and you agree with it completely, but you are pretending to disagree solely so that you can artificially inflate your perceived self-worth by distancing yourself from some imaginary strawman caricatures of people that you made up in your head.

    You are, in short, a liar.

  27. Lesson Learned by Anonymous Coward · · Score: 0

    Anyone who buys a Sony product based on what the product is advertised to do is a fool.

    1. Re:Lesson Learned by Anonymous Coward · · Score: 0

      Seconded. I will not buy another Sony product. Not consoles, not cameras, not memory sticks, not even headphones. I will not be putting food on Sony's table anymore.

  28. Won't Somebody PLEASE Think About the Carriers! by eldavojohn · · Score: 4, Funny

    In a big bureaucracy like the military, I assume everyone now knows that buying anything other than traditional computer equipment is going to be a significant carrier-limiting move.

    "Several Nimitz Class Aircraft Carriers were rendered immobile after a large acquisition of non-traditional computer equipment on Tuesday by the USAF ..."

    --
    My work here is dung.
    1. Re:Won't Somebody PLEASE Think About the Carriers! by Kalriath · · Score: 1

      Doesn't the Navy own those? I'd be concerned if the AF buying equipment broke Naval assets...

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  29. Incorrect by abigsmurf · · Score: 3, Informative

    That isn't really true. The Finnish Consumer Complaints board investigated and came to the conclusion that they feel Sony should pay €100 in compensation for removing the feature.

    They are not a court body and their 'judgements' have no legal power. They are simply a consumer rights lobby group.

    1. Re:Incorrect by Anonymous Coward · · Score: 0

      Companies in Finland usually take the consumer board's (Kuluttajanriitalautakunta, a governmental agency) resolutions very seriously, since the board annually publishes a black list of companies that refuse to comply with the board's decision. That list is usually published by the major newspapers, so the large companies are smart enough to avoid that (it's not just Sony but also the retailer who has to pay in the PS3 case).

      So I think it's more than likely that at least the guy who filed the complain got his price reduction.

  30. Reasonable Expectation by willaien · · Score: 3, Insightful

    When you buy a product, there's a reasonable expectation that, for the lifetime of the product, the features available to you at time of purchase will continue to be available, barring hardware/technical issues.

    For example, it is unreasonable for a company to sell, say, a laptop with a DVD burner, then disable your WiFi with a warning that enabling it will disable your DVD burner. It just doesn't make sense, from any angle, that a feature advertised on the box would be disabled in order to keep another feature mentioned on the box. It just boggles the mind that they feel this is an acceptable course of action.

    That said... a reasonable expectation may not translate into something actionable in a court of law. At the least, Sony should be shunned (I, for one, haven't purchased another Sony product since the incident, and have no intentions of doing so in the future. My PS3 is collecting dust at the moment, despite titles that intrigue me. I won't fund them directly or indirectly through licensing deals with game companies.) by all customers.

    1. Re:Reasonable Expectation by Anonymous Coward · · Score: 0

      When you buy a product, there's a reasonable expectation that, for the lifetime of the product, the features available to you at time of purchase will continue to be available, barring hardware/technical issues.

      For example, it is unreasonable for a company to sell, say, a laptop with a DVD burner, then disable your WiFi with a warning that enabling it will disable your DVD burner.

      You installed the new software yourself at some point and agreed to no warranty, no guarantee, as-is, no responsibility, etc.

      It would be a very _stupid_ path to go down, making software publishers responsible for maintaining whatever someone considers to be a "feature" in all future releases of a product. ... and at the same time making networked service providers unable to discriminate based on software release?? More stupiderrr.

      Now versions 1-infinity have to maintain the same feature set - only adding, and the network service must in perpetuity allow clients from release 1-infinity to operate. Have you thought about how stupid that would be?

    2. Re:Reasonable Expectation by willaien · · Score: 1

      This isn't a feature dropped during a major revision overhaul, nor is it a feature that was dropped because it was conflicting with a new feature to be implemented.

      It is, however, a feature that was dropped due to fears of something that didn't even come to pass. Dropped prematurely to prevent piracy, but didn't do anything to stop it, nor was it even relevant. (The actual exploit that came out later had little to nothing to do with it.)

      So... I'm not sure what you're getting at?

    3. Re:Reasonable Expectation by Anonymous Coward · · Score: 0

      Then also sell your PS3, you may also deny them a fresh sale...

    4. Re:Reasonable Expectation by 51mon · · Score: 1

      "That said... a reasonable expectation may not translate into something actionable in a court of law."

      IANAL - but UK law explicitly implemented rules to govern consumer agreements where you can't negotiate contract terms. (Unfair terms in consumer contracts regulations) which were based on an EU directive from 1993, which effectively boils down to a reasonableness test (although there are restrictions on fields of reasonableness).

      Whilst I don't have a problem boycotting Sony, perhaps such contracts probably needs some sort of proper legal redress in the style of the European directive, as otherwise it would be pretty much impossible to buy/lease any modern software or hardware without agreeing to similarly outrages terms and conditions as were used in this class action.

  31. And nothing of value was lost.... by RobinEggs · · Score: 1

    At least according to the multiple slashdotters who called me a "butthurt hipster suffragist" when I mentioned OtherOS in the last Sony Sucks post and modded me -1 flamebait.

    According to them Sony had every right to remove the function; the vast majority of uses were infringing, Geohot knew exactly what would happen, and he's furthermore a sell-out pussy for not utterly destroying his life in a hopeless legal battle.

    Meanwhile I haven't bought a Sony product in 10 years, think the PS3 was no better than 360 in the first place, and would rather give my money to companies that honor hundreds of years of law (not to mention fucking common sense) regarding who owns something once it's been paid for.

    1. Re:And nothing of value was lost.... by Nerdfest · · Score: 2

      ... and if you're picking Microsoft over another company for ethical reasons, people should really think about how bad that company must be.

    2. Re:And nothing of value was lost.... by mrchaotica · · Score: 1

      Meanwhile I haven't bought a Sony product in 10 years, think the PS3 was no better than 360 in the first place, and would rather give my money to companies that honor hundreds of years of law (not to mention fucking common sense) regarding who owns something once it's been paid for.

      I hope you don't mean to imply that you gave your money to Microsoft either then, because they have hardly any more respect for property law than Sony does.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  32. Morale: stay away from Sony products by Shompol · · Score: 1, Interesting

    They issued a patch that crippled PS3, but no patch available to update graphics card driver on my Vaio. (Yes, they need to take it from Nvidia, re-brand it and put it up for download), It keeps BSOD-ing in video games. After giving their support a run for the money, their response was to "reset it to factory setting". Seems to be a universal response from all merchants when they are not capable of resolving a support issue.

    1. Re:Morale: stay away from Sony products by donaldm · · Score: 1

      They issued a patch that crippled PS3, but no patch available to update graphics card driver on my Vaio. (Yes, they need to take it from Nvidia, re-brand it and put it up for download), It keeps BSOD-ing in video games. After giving their support a run for the money, their response was to "reset it to factory setting". Seems to be a universal response from all merchants when they are not capable of resolving a support issue.

      In what way did the patch that removed the "Other OS" crippled the PS3?

      I can still play PS1, PS2 (Fat first gen PS3 only) and PS3 games, BluRay (3D as well) , DVD's on my PS3 and access PSN. The only thing I cannot do is boot another OS which was never available on the "Slim PS3" in the first place. In fact many patches for the PS3 actually added extra functionality.

      As for your problem with your "Vaio" (I assume that is a laptop) I would be contacting Sony or the place you purchased it from (best option) about the issue if you are still under warranty. Personally I would never play PC games (ie. "Games for Windows") on a laptop since most laptops don't run that well without some tweaking, however since I run a pure Linux OS the point is mute.

      BTW. Resetting to factory settings is the standard response for all PC manufacturers not just Sony. You are right about support though.

      --
      There ain't no such thing as proprietary standards only proprietary formats. Standards are by definition open.
    2. Re:Morale: stay away from Sony products by Anonymous Coward · · Score: 0

      Moot. Not mute.

    3. Re:Morale: stay away from Sony products by Shompol · · Score: 1

      In what way did the patch that removed the "Other OS" crippled the PS3?

      It is in the sense of To disable, damage, or impair the functioning of
      Lately this became a common slang for features/functionality available on a device but purposely disabled for the end user in order to achieve some marketing gig.

      For example, 6 years ago I paid extra to get a groundbreaking bluetooth-enabled cell phone from Verizon. When I tried to tap the latter, It turned out that Verizon disabled (crippled) this feature, even though it was available on this phone model when purchased from manufacturer. This was most likely done to prevent me from uploading phone pictures to my PC, because the alternative service from Verizon cost 25 cents per picture at the time. There was a class action suit initiated and won against Verizon on this account, and I think I was entitled to some pocket change. Let's say it was a lot less than the extra $60 I sunk for it.

      As for your PS3 argument: maybe you don't care about this feature, but some users did, yet some purchased the product for the sole reason of it. For them it is pretty crippled now. It's like when Amazon pulled an already purchased book from user's Kindles. The congress and courts are up in arms when someone dares to make an unauthorized copy of some deep pocket corp's IP, but when purchased and paid for IP is swiped from under people's feet the judge fails to see a problem.

    4. Re:Morale: stay away from Sony products by Anonymous Coward · · Score: 0

      I don't know if you're still using that Vaio. If you are, the NVIDIA MobilityModder will modify the official drivers so you can install them.

    5. Re:Morale: stay away from Sony products by Shompol · · Score: 1

      Muchas gracias, amigo!

  33. Microwave analogy by RCC42 · · Score: 2

    This is exactly analogous to purchasing a microwave which, two years later, has its firmware updated to remove the defrost feature.

    Judge is stupid and megacorporation is evil, news at eleven.

    1. Re:Microwave analogy by donaldm · · Score: 1

      This is exactly analogous to purchasing a microwave which, two years later, has its firmware updated to remove the defrost feature.

      As the judge said in the case "Another flawed analogy".

      --
      There ain't no such thing as proprietary standards only proprietary formats. Standards are by definition open.
    2. Re:Microwave analogy by shentino · · Score: 1

      I think the lawyers representing the plaintiff were paid off by the defendent to throw the case on a class action so that nobody could ever sue again on this issue.

  34. Judge not thinking clearly by Anonymous Coward · · Score: 0

    As a legal matter, however, plaintiffs have failed to allege facts or articulate a theory on which Sony may be held liable.'

    Bait and Switch.. Or how about 'FALSE' ADVERTISING? Or Just Bad Faith are just a few of the heavy handed illegal actions that come to mind over their 'unconscienable act' with dealing with real humans who were customers who got trashed and burned. I will completely BOYCOTT SONY over this.

  35. Buying Sony products is evidently an exercise in.. by couchslug · · Score: 1

    ...self-punishment. I haven't purchased anything from them other than a CD burner many years ago, and my life is no worse for it.

    Vote with your wallets and your advice to others who ask "what to buy", and don't buy Sony. Ever. It's easy.

    --
    "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
  36. Don't buy their products by Anonymous Coward · · Score: 0

    This is one reason, as a consumer, I choose to no longer purchase any products or services from Sony. I don't trust them and I don't like their business practices.

  37. Just dont buy Sony products. by andydread · · Score: 1, Interesting

    As a former Sony junkie I used to buy nothing but Sony products now I avoid Sony products like the plague. Will not even consider any of their products after seeing their behavior over the years. I went from recommending and buying Sony only to the complete opposite. Now I am happy to recommend against their products to everyone I come in contact with every chance I get.

  38. Sony by Anonymous Coward · · Score: 0

    So a American Judge just said it is ok to sell you something take it away and keep the money.
    Now you know whats really wrong with America.

  39. Let's compile a list... by ZackZero · · Score: 1

    ... of all disc-based PS3 game software that requires an update of system firmware. Presumably, if an OtherOS user were to purchase such a title and attempt to install it, they would be forced to make a choice - return the game, or lose OtherOS. Since games are a regular part of the PS3 - not necessarily like the PSN - it would be a more serious legal contention. Anyone know of such games?

    1. Re:Let's compile a list... by canajin56 · · Score: 1

      Anything released after, say, May or June 2010 requires a firmware version high enough to disable OtherOS. A month or two after a version update comes out, all new games will only run on that version or higher. Not sure if that's an actual Sony requirement, or if it's just that devs compulsively update their development PS3, and you can't downgrade them to test your game on older firmware versions.

      --
      ASCII stupid question, get a stupid ANSI
    2. Re:Let's compile a list... by RyuuzakiTetsuya · · Score: 2

      Blame the litigants.

      They didn't make that argument, it seems.

      Sure, anything published after April or May of 2010.

      --
      Non impediti ratione cogitationus.
  40. I sympathize with sony by Anonymous Coward · · Score: 0

    When I was doing some frontend work a few years ago I tried to provide the users the best possible experience - eg. using some css3 enhancements such as text shadows. By doing this I got all sort of complaints from the client, basically saying that the website isn't looking properly on Internet Explorer.
    It's not a bug, it's a feature.

    Personally I got enough machines with linux and never tried to install it on my ps3, but I always thought that the other os was just a last minute addition from the development team which convinced the upper management to allow it. Sure, they marketed it, but let's be honest for a second - it allowed a crippled linux installation on a poorly supported platform (PPC).

    The lawsuit was never about other os. At the end of the day, only the lawyers win.

  41. Re:Just build a PC for God's sakes by Jeng · · Score: 2

    A $200 linux box isn't running on a cell processor which is what many people who give a shit about the other OS were after.

    What is the next cheapest device that you can buy and load your own OS on that uses the cell processor?

    --
    Don't know something? Look it up. Still don't know? Then ask.
  42. Console Gaming is Officially Dead by Anonymous Coward · · Score: 0

    Well, at least it's been dead ever since you had to agree to a EULA the first time you turned the machine on. These machines give you all of the problems of gaming on a PC with none of the benefits.

    There may still be "PlayStations" and "Xboxes" in the future, but as far as I'm concerned the PS2, GC an Xbox were the last of the species.

  43. Vote with your wallet by Anonymous Coward · · Score: 0

    From the ruling: "As a matter of providing customer satisfaction and building loyalty, it may have been questionable."

    Hence I would like Sony to see this list of products I would have seriously considered buying if not for the fact that it had the Sony logo stamped on it as a warning:

    * A mid-end Sony DSLR
    * A mid-end Sony camcorder
    * A mid-end receiver
    * Sony-Ericsson Xperia X10 (I was tempted to make an exception here since the Ericsson part of Sony-Ericsson actually seemed to get it. (They actually published an official way to unlock the boot loader on the device.)) But I'm very happy I didn't buy this device since Sony bought out Ericsson.

    (The PS3 doesn't qualify for this list since I actually seriously considered buying it but at the time I couldn't afford it due to being a poor student. Nowadays I make quite a lot of money, but they removed the OtherOS from the PS3 slim, so the main selling point of the PS3 disappeared compared to the Xbox 360 (which I bought instead).)

    Sony may have the law on their side in this case (and even though I hate to admit it, the judge may have a point here), but just as the judge said, they will not get any customer loyalty at all. Side note: I simply can't understand that the public in general hasn't revolted against unreasonable EULAs yet.

    1. Re:Vote with your wallet by RyuuzakiTetsuya · · Score: 1

      It's hard to vote with your wallet when you're stuck with a nuanced position.

      I thought Sony was being a bag of dicks. Evil? No, but, I think I finally came around to how I can circle the square with how I feel about Apple and Sony products. Someone on another article said that Apple is mean, not evil.

      I really like the PS3. The XMB is far and away superior to the Metro dashboard(Metro's freaking -awesome- otherwise; I just don't think they implemented right on the 360). I can use standard bluetooth and usb accessories with it. I can upgrade it's harddrive with an off the shelf part...

      But yeah, they pulled OtherOS and that was a huge dick move. I don't want to stop buying Sony. But I also don't like what they've done. I don't want to stop gaming; I don't want to buy a 360, I don't want to build a PC(besides; not all games I play are on PC).

      What the hell do I do?

      --
      Non impediti ratione cogitationus.
    2. Re:Vote with your wallet by CronoCloud · · Score: 1

      I'm pretty much with you on the "They're Dicks, not Evil" position, and I even had YDL on my PS3. And I also agree the lawsuit lawyers blew it with not mentioning blu-ray's and games.

      When 3.21 came out I had a choice, either get a second PS3, or get an X86 box for Linux (I'd actually only run Linux on the PS3 and PS2 before, never on a PC)....I settled for the latter, and updated the PS3, after I transfered my /home over.
      I just realized that my /home directory still has files and settings from my PS2 Linux days.

  44. In other news by gearloos · · Score: 1

    California Judge buys new $40 million dollar mansion. Has been overheard saying "I just saved my pennies for a long time, that's how I afford it".

    --
    "Computers are a lot like Air Conditioners" "They both work great until you start opening Windows"
  45. Really? by RandomAvatar · · Score: 1

    ... And they have proof nobody will find a way to hack their ps3 system and download another OS then post it online anyways where?

  46. Re:Just build a PC for God's sakes by Anonymous Coward · · Score: 0

    A few years back some companies sold PCI express accelerator boards for the PC that had teh cell processor on them. They were comparable in price to the PS3.

    All the geeks bitching about homebrew and whatnot should have jumped on them.

  47. Bait and switch by Anonymous Coward · · Score: 0

    Judge doesn't know bait and switch.

    1. Re:Bait and switch by TheSkepticalOptimist · · Score: 1

      No, the Judge understands the law.

      Prove that anyone specifically bought the PS3 for the OtherOS feature and then incurred damages that were caused by Sony?

      You can't, why?

      First, the patch was issued with a warning indicating the removal of this feature. If you required the OtherOS feature because you built a product or service using it, then you applied the patch through your own ignorance of that warning, this is not Sony's fault and therefore cannot be held accountable.

      Secondly, if you required using the OtherOS for a product or service then there was no reason for you to update your PS3's firmware. The patch improved features for the use of the PS3 as a game and entertainment platform not for improvements to the OtherOS feature. In fact the patch specifically warned against the detriment of applying the patch towards the OtherOS feature. The patch cannot be applied while running the OtherOS feature, and Sony did not force or push the patch without the user's consent. Therefore Sony is still not accountable.

      Thirdly, a winning a lawsuit is about proving you incurred damages over the loss of the feature. Dabbling in the OtherOS as a hobby is not a damage. Even if you were ignorant for applying the patch after being warned about the loss of the feature, or felt compelled to apply it because you swapped using the OtherOS along with regular PS3 feature, then you have to prove you actually lost money over the loss of the feature and specifically bought the system for that feature.

      The Judge understood the law and didn't make the decision based on FUD, hyperbole or emotional context.

      --
      I haven't thought of anything clever to put here, but then again most of you haven't either.
  48. This is silly by symbolset · · Score: 4, Interesting

    Microsoft takes features out of their software the second Tuesday of every month. It's called "Patch Tuesday". That most people didn't want those features is irrelevant: some people did. That the features can be quite important is told by the fact that major enterprises employ teams to "vet the patches" against their golden images and designated sacrificial customers so they can avoid the ones that break critical infrastructure until the software that relies on the features can be upgraded, modified or replaced. Microsoft has no choice but to remove these features since they're also vulnerabilities that lead to compromise of the computer. In the best case these vulnerabilities can be considered poor design choices. In the worst cases like AutoRun they're just stupid.

    Retail Windows users are on their own, and are typically divided into types: auto-update and no-update. The auto-update crowd have become used to some portion of their environment going dead now and then and waiting for their software vendor to issue an update - even if it's in the software library that interacts with the driver that drives the solenoid that opens their cash register drawer. The no-update crowd have become used to being very careful opening emails and clicking links and resigned to rebuilding their PC once a year when it's become too crap-infested to work at all. Neither set sees Windows as a reliable platform for home or small business use but what are they going to do? They don't have an IT team to keep them safe and can't afford one. Most of them would prefer their PC work more like their iPhone or Android phone, their iPad or Android tablet. But they don't sell something like that at BestBuy, Walmart or Staples yet.

    I never held much hope the courts would find against Sony in this. It's probably legal. Wrong or right is a complete other thing. By keeping it in play for so long the suit has put it in the public eye that Sony will defend to the death their right to sell you a major software feature and then take it back. And that's the lesson we should all take away from this. It's a cultural thing. In Japan noone would question this at all. Sony is Japanese. The Japanese have great respect for authority, even corporate authority. They're not going to understand why we think this is not OK. Sony thinks this decision benefits their corporate brand, not diminishes it because it "proves they were right" - and there's nothing we can say to them that will counter this estimation because the concept is so alien they can't understand it.

    I feel sorry for those affected of course, but that's not me. I don't own any Sony stuff. For fifteen years what the Sony brand means to me is "a thing that doesn't work with your other stuff." I was never in any danger of being impacted by this issue. See, I'm a "progressive" guy, and when I'm considering buying a new thing I look at both whether it is designed with open standards so it works with the things I have - but more importantly, will completely work with the amazing things I'm going to have after they've been invented and produced in the future. Sony doesn't pretend to offer that, so they don't get my money. I do like Samsung though - for now.

    --
    Help stamp out iliturcy.
  49. Sounds like a job for... by Lord+Kano · · Score: 1

    those fine chaps at Anonymous.

    In all seriousness, righting wrongs is always a noble vocation, even if it's not exactly legal.

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  50. Needs more legacy and spunk. by Anonymous Coward · · Score: 0

    >SuperMetalHaloBrothers

    I really like the sound of that.

    Can the 2nd release with minor revision of it be called "Castle GrandSuperMetalHaloBrothers 2: TURBO" and we can get achievements?

  51. Slashdot moderation is 80's sitcom crap. by Anonymous Coward · · Score: 0

    Seeing a moderation of Informative or Funny or Insightful just reaks of old US'ian sitcoms where we need to sit through bogus drama and need audience-reals played to let me know when something is comedy or serious. In this regard, Slashdot is inferior to 4Chan. Do we realy need to be told that something is funny by a series of moderation highlighting it as such? Is this suggesting that all our conversations are mindless passive interactions no-different than staring into a TV like how some people would yell at a TV speaking their mind of what they were watching?

    Slasdhdot is so fail. No wonder the original userID's left, and those went primarily to Kuro5hin and Fark and Reddit. Yet, the moderation system followed them there too.

    A+++++ WOULD DO BUSINESS WITH AGAIN! F*CKIN DELIVERED AND GOOD COMMUNICATION OMGBBQ!

  52. Shareholder's delight by Karem+Lore · · Score: 1

    I was sitting here reading everyone's comments and something struck me...(Apart from my wife telling me to come to bed)...

    This is great for shareholders:

    I guess it is now possible for Sony to put a firmware patch (required for PSN and New Games) that would effectively put your Blue Ray and DVD player into an alternative REGION code, thus rendering use of the device to watch movies useless, maybe along with a new "Streaming Service"...You choose, PSN+Streaming Service or Play your own DVD/Blue Ray movies...If you choose the latter, you also forego, from this point on, your rights to play any new Games released.

    How about an update that requires a subscription of $9.99 for PSN. Don't upgrade if you don't want to pay, the choice is yours...But you can't play new games either...

    How about an update that renders the current controllers useless requiring the purchase of new controllers...Update or no new games...

    How about an update that removes the use of third-party TV's and only allows connection to SONY BRAVIA TV's...Update or no new games or PSN...

    The choices are endless to squeeze consumers into making more necessary purchases to just use their device...

    --
    When all is said and done, nothing changes...
  53. It doesn't matter about the judge by Anonymous Coward · · Score: 0

    Sony can buy the judge off. The judge can even just stick to the bare legal facts and let Sony off the hook. Either way, Sony will walk away and thing 'look at what we can do'. But they pissed off a lot of technology enthusiasts (me included). I used OtherOS, and I haven't upgraded my firmware (OtherOS is still on my system). Am I missing out on firmware updates? Yeah, probably. Security updates? Yeah, probably. Maybe they even fixed the stupid "Can't read a flash drive bigger than 2GB" bug. But not on mine. So did Sony get away with it? Maybe in their own minds, and maybe according to the judge. To people like me, I will never ever buy Sony again. I will actively discourage others from buying their stuff (and as a hard core geek with both hardware and software cred. (I build my first computer, starting with circuit diagrams more than 20 years ago), people ask me about stuff to buy. Sony is gone! And I'm not alone. Having a bad year Sony? Think GeoHot is a crimminal? He's not. Sony is the criminal here. Whether the judge agrees is inconsequential. Whether Sony agrees or not, again, inconsequential. 50 years of pain due to lost sales. This is a financial stain they won't ever remove. Apparently their last year wasn't very good. Next year will be worse.

  54. Nothing to do with security by Anonymous Coward · · Score: 0

    My understanding is - from people within Sony - that the decision to drop other OS was nothing to do with security - in fact it was decided way before geohot's exploit. The decision was purely economic. They were dropping the original PS3 for the PS3 slim which was much much cheaper to manufacture - and all for future firmware & hypervisor had to be compatible with both platforms would have just been too expensive.

    1. Re:Nothing to do with security by CronoCloud · · Score: 1

      I heard that as well, and I do know that the let the guy who handled the OtherOS support in the hypervisor go, just before they removed it.

  55. Isn't it time all class action suits were tossed? by LostMyBeaver · · Score: 1

    Class action suits almost always are about lawyers "representing a large group of people" enter court and attempt to win a suit against a large company with deep pockets. The problem is, to win that large sum of money, it depends on a few things.

        1) There are enough people involved in the class action to make the judge see the suit as needed. 1,000 people is great... but getting 1.5 million people to sign up on a web site is far better. I have received many e-mails about products I registered suggesting I should spend 25 minutes of my time filling out a web form with gobs of personal information to be part of a class action suit for something I bought. If there's a problem with my product and I need it fixed, then I don't need the money, I want the product fixed. Screw this "you can receive money as part of the settlement" gig.

        2) The amount being sued for has to be small enough that the company being attacked doesn't see it as cheaper to fight it than to pay it. So for a huge company like Sony, it can't be more than $10-30 million. If it's more, then Sony will fight it and whether they win or lose, they most likely will manage to negotiate the original amount downward.

      3) The lawyer needs to justify the case financially. No lawyer is going to take on a case like "My toy won't run linux anymore" on principle. They need to eat and they probably bought a PS3 to play BluRays back when it was the only BluRay player... as a status symbol. They probably never even played a game on it and more than likely wouldn't know what Linux was if a penguin beat them with an iceberg. All they know is that a big corporation advertised one thing and then reneged on it and there's a bunch of people who are grumpy about it. This is a meal ticket to them. They'll invest a year or two of their lives in a gamble that they can either force a settlement or get a judge to make an award. From that settlement, the lawyer will take 30-50% off the top + additional legal fees.

    After the administrative fee of handling the payouts, the lawyer divvy up the remaining 30% among the people who participated in the class action. After winning the $30,000,000 and getting down to the remaining $10,000,000. A database of all known PlayStation 3 owners will be spammed with mails about the class action and how they should now file to receive their winnings. Roughly a million people will sign up to receive their payment... either the whole thing through a PayPal transfer or the full amount minus a $2.50 fee for posting a paper check. In the end, the people that were so called represented will receive $7.50 - $10, and their playstation still won't run Linux. And to get the $7.50 to $10, they'll have invested half an hour of work. Assuming you can afford a PlayStation 3, that's not a lot.

    It's not worth it... it's a waste of time and all it's doing is making Sony raise the costs to customers to cover these wasteful legal expenses.

    Do you really think that making lawyers fat is the way you want the legal system to work?

    It's time that class action suits are altered to say that "Either you sue for enough to make sure all the plaintiffs get some value out of it or no go.". Alternatively, maybe "Either fix the problem that spawned the problem plus a legal fee or nothing".

  56. Never buy from Sony; they're bastards. by Anonymous Coward · · Score: 0

    I've boycotted them ever since the rootkit revealed what scumbags they are. I figured that any company that did stuff like that wouldn't hesitate to screw their customers for a nickel and I wasn't going to be one of them. They get no business from me. Never will. If enough people do that, they might just go out of business someday.

    But it's a free country. You're free to get screwed by them next time if you want to. Me? I'll never give the bastards a dime. I've had to hunt a couple times for a non-Sony product, but I've never regretted it. Not one bit.

  57. Re:Just build a PC for God's sakes by Anonymous Coward · · Score: 0

    So, geeks should have jumped on a chance to buy a PCI card, for the price of an entire computer, a PCI card, which probably wouldn't even be able to run as the main CPU anyway (I haven't seen add in cards being able to replace the CPU since the Commodore area), and which aren't capable of running the other feature, also advertised for the PS3 - and which many people forget when they say "then don't upgrade" - the games.

    Pay full price, for a very limited product, when the same money can buy a full computer with many more features. And that when nobody knew that Sony would cripple the PS3 to make it become almost as limited as said product.

  58. Re:Just build a PC for God's sakes by Anonymous Coward · · Score: 0

    Price of a cell board from IBM: ~$1000, price of a cell board in a PS3 ~$650 at launch.

    Sorry, but I think you are wrong, getting a cell board is, I think still more expensive than a PS3.

    That and the fact that the PS3 is a 'general purpose computer' in the EU for tax purposes, if it was a simple gaming system (which it is without other os), it would be taxed harder.

  59. Total waste of time.. by Anonymous Coward · · Score: 0

    Even in the case this was won (which would have been more likely in the UK as Sony had violated the Trade Descriptions Act with what it did), it would not have the desired effect for me.

    1 - the new PS/3 doesn't have the support, and the platforms were made to be compatible. This means there is zero chance of that removal being undone.

    2 - the suit goes after a symptom, not a cause. The cause of this change is a total disrespect for product features and the rights of the consumers. Once they have your money for the product, you're no longer interesting. This is but one feature, but I'm sure a few people remember the root kit affair as well.

    3 - it's a US-only show. If you're abroad it's nigh impossible to have any sensible influence on this process, and for me it's not about the money. Most of that gets eaten by the lawyers anyway, that's why they like class action so much.

    The sum effect for me personally is that the quality of Sony goods is no longer sufficient to override my concerns about its attitude towards its customers, and as there is plenty competition, I took two simple decisions:

    a) as of when they pulled this stunt, not a single Sony branded device was bought in my household or by my companies. It didn't exactly hurt them much, not more than about $100k total per annum (we now also stopped using PC platforms, so VAIOs were going out anyway), but it was a start.

    b) none of our current developments will be discussed with Sony. This potentially has a far greater impact as some of the stuff we've been doing can cause about 20% more TVs to be sold next year. That's 20% of a market now going to a competitor - the collateral damage of losing your consumer's trust.

  60. Love this!!! by Anonymous Coward · · Score: 0

    Reading frothing comments from rabid dogs in slashdot is so fulfilling... Rage on fuckers............FFUUUUUUUUUUUUUUUUUUUUUUU

  61. Money is the root of all evil by Anonymous Coward · · Score: 0

    Ehi people, is always stupid discourage exploration of new fatastic worlds (like a low budget cluster formed from dismissed Linux/ps3). Maybe other companies are worried about those possibilities..

  62. Was a bad lawsuit, period. by TheSkepticalOptimist · · Score: 1

    I mean Sony added more value to the PS3 for free after its release then they took away. Had this lawsuit won then I think that would have ended Sony every adding more value to a game platform after its release, they most likely would have required new features to be paid for rather then given away.

    Anybody that cared about "OtherOS" most likely where not using their PS3 for games and movies anyways, and Sony warned of the removal of the feature so this also made the lawsuit moot. If you were actually "running" the OtherOS, then you couldn't update the PS3 firmware. Any Sony did not auto-update the firmware either at the time, so a user would have had to purposely applied the firmware that removed the feature.

    Lastly, you can run Linux on almost any piece of hardware out their, what purpose to lament the removal of Linux support on PS3? It didn't run well anyways, you can buy a $200 network and bet better Linux support on it then on the PS3.

    Glad to see some sanity in the legal system on this one.

    --
    I haven't thought of anything clever to put here, but then again most of you haven't either.
  63. Re:Isn't it time all class action suits were tosse by TheSkepticalOptimist · · Score: 1

    A class action lawsuit by definition is about lawyers representing a large group of people against a defendant who can afford to pay out. It is "almost never" about one person suing another person who is poor.

    And no, its not something that should be tossed away.

    I agree there are blatant attempts to game the system by making frivolous suits against large corporations and hoping for the best, but if some corporation causes physical or financial damages to a group of people, then the group has a right to file a lawsuit. Filing as individuals would swamp the system and guarantee that nothing will result from it, especially if the group involves millions of people.

    Frivolous lawsuits are, unfortunately, part of the legal system because in a free and democratic society anyone has a right to file a lawsuit if they feel they are due justice. The other options are marshal law or a dictatorship, would you be happy with either of those?

    Fortunately there are judges that can weed out these lawsuits and throw them out of court before they become a public spectacle and overly waste of time and money.

    BTW, don't feel sorry for large corporations or assume products and services would be cheaper without lawsuits. The price of the PS3 has dropped from $650 to $199 in the last 6 years in spite of these lawsuits. Most companies, believe it or not, are not going to nickle and dime customers to pay off for legal fees as they have amassed large collections of corporate lawyers and insurance to cover their asses.

    --
    I haven't thought of anything clever to put here, but then again most of you haven't either.
  64. Re:Just build a PC for God's sakes by Rakarra · · Score: 1

    Geeks like me who -actually- installed OtherOS were pretty disappointed when we found out that thanks to hardware locking that only true, pure jailbreaking would have allowed, that the actual PS/3 Linux was not all that much use. Cool to stare at for a few minutes, then you realize your computer does almost everything else better.

  65. Sony & PS3 by Anonymous Coward · · Score: 0

    The easiest thing for the PS3 people to do is to start boycotting all SONY products and warn all new buys that they risk being screwed by SONNY at some future date.
    I know I will never buy any SONY product be it a TV or computer or Play Station or any other electrical device for fear of SONY pulling something like this on any of their ever products.