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Sony Agrees To Pay Millions To Gamers To Settle PS3 Linux Debacle (arstechnica.com)

An anonymous reader quotes a report from Ars Technica: After six years of litigation, Sony is now agreeing to pay the price for its 2010 firmware update that removed support for the Linux operating system in the PlayStation 3. Sony and lawyers representing as many as 10 million console owners reached the deal on Friday. Under the terms of the accord, (PDF) which has not been approved by a California federal judge yet, gamers are eligible to receive $55 if they used Linux on the console. The proposed settlement, which will be vetted by a judge next month, also provides $9 to each console owner that bought a PS3 based on Sony's claims about "Other OS" functionality. Under the plan, gamers eligible for a cash payment are "all persons in the United States who purchased a Fat PS3 model in the United States between November 1, 2006, and April 1, 2010." The accord did not say how much it would cost Sony, but the entertainment company is expected to pay out millions. On March 28, 2010, Sony announced that the update would "disable the 'Install Other OS' feature that was available on the PS3 systems prior to the current slimmer models." This feature, Sony claimed, would be removed "due to security concerns." Sony did not detail those "concerns," but the litigation alleged piracy was behind the decision. A gamer can get the $55, but they "must attest under oath to their purchase of the product and installation of Linux, provide proof of their purchase or serial number and PlayStation Network Sign-in ID, and submit some proof of their use of the Other OS functionality." To get the $9, PS3 owners must submit a claim, at the time they bought their console, they "knew about the Other OS, relied upon the Other OS functionality, and intended to use the Other OS functionality." Alternatively, a gamer "must attest that he or she lost value and/or desired functionality or was otherwise injured as a consequence of Firmware Update 3.21 issued on April 1, 2010," to get $9.

31 of 232 comments (clear)

  1. Lawyers get millions by Geoffrey.landis · · Score: 5, Informative

    So, basically, the lawyers get a fee of millions, but they have made it so hard to actually register for the fifty-five dollar rebate that pretty much all the users will get: zero.

    Horray for America.

    --
    http://www.geoffreylandis.com
    1. Re:Lawyers get millions by mfh · · Score: 4, Insightful

      This is injustice handed to the people by the state. Once again, the state settles problems for corporations at the expense of the average citizen.

      The cost of actually doing all the things they are asking to the user is greater than $55 in terms of time and effort. Most people will not do it.

      So instead of claiming $55 from Sony, I will pledge never to give them another dime. I have so far paid them probably in the range of $2000 or maybe more? But I won't buy anything else from them until they pledge and prove they are a company that places a higher value on users than on their own authority over users.

      Users > Companies.

      --
      The dangers of knowledge trigger emotional distress in human beings.
    2. Re:Lawyers get millions by jtownatpunk.net · · Score: 4, Funny

      "Dear Diary: Today, I installed Linux on my PS3. It was a glorious day."

    3. Re:Lawyers get millions by mrchaotica · · Score: 5, Insightful

      So instead of claiming $55 from Sony, I will pledge never to give them another dime.

      You hadn't already done that six years ago, when the removal of OtherOS happened? Or before that, when they released the rootkit CDs? Or before that, when they pushed proprietary DRM'd MemorySticks instead of MMC? Or before that, when they pushed proprietary MiniDiscs?

      (I might have gotten those out of chronological order, and I'm sure I missed a few entirely... Sony is evil in so many ways it's hard to keep track!)

      --

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

    4. Re:Lawyers get millions by Anonymous Coward · · Score: 5, Insightful

      That's how it's meant to work. A class action is not for making money - it's a way to challenge a company's behaviour without spending years of your life in court, without spending a fortune in legal fees, and without assuming personal risk. You're barely involved at all, while the lawyer does all the work, takes on the financial burden and isn't even guaranteed to get paid at all. If you're looking into making profit from suing people then you have plenty of other options to use instead.

    5. Re:Lawyers get millions by HiThere · · Score: 4, Interesting

      The thing to notice is that the evil stuff they did didn't really start until after their management was swallowed by Hollywood. Prior to that Sony was an excellent company producing superb technical goods.

      So, to me, this is another example of why you should never trust anyone associated withe either the MPAA or the RIAA. And that explicitly includes SONY.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    6. Re:Lawyers get millions by LostMyBeaver · · Score: 5, Insightful

      The joys of law.
        - Sony loses lawsuit regarding a change they made in 2010
        - Six years later, you have to show proof that you bought a game system probably 7 years earlier... which you didn't keep because you bought the slimmer model or a PS4 or traded it in for something at the game store.
        - The terms required to collect the $55 recompense are more or less unachievable except for that one guy who got the PS3 for Christmas and his mom actually saved the receipt for her accounting.
        - The amount of time required to earn the $55 is about the same as McDonalds pays their french fry cooks.

      So... for the $55... who would give a shit? This will cost Sony $2,000 in recompense and $1,000,000-$10,000,000 in legal fees.

    7. Re:Lawyers get millions by LostMyBeaver · · Score: 3, Interesting

      Sadly, as a former Obama supporter, that was the deal breaker for me. His entire White House legal staff was plucked from RIAA and MPAA :(

      https://www.wired.com/2009/04/obama-taps-fift/

    8. Re:Lawyers get millions by Anonymous Coward · · Score: 4, Interesting

      "Dear Diary: Today, I installed Linux on my PS3. It was a glorious day."

      Dear Diary, day 2. The RSX is locked out, and the PS3 Linux is utterly crippled and unusable as a general purpose machine. I guess I could muck around with some cell programming, but that's pretty much PPC which I did years ago. Ho hum.

      Dear Diary, day 3. Oblivion arrived today.

      Dear Diary, day well into the future. Completed Ob', well, it broke when I reached the end of the grey fox quests. Let's see what exciting things are in this mandatory OS update.

      Dear Diary, day +=1. Turned on the PS3 today, and noticed OtherOS option has gone, and I can't released the partition it used without a complete wiping of the system.

    9. Re:Lawyers get millions by Opportunist · · Score: 4, Insightful

      False dichotomy. You act as if I have to buy something else.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    10. Re: Lawyers get millions by MBGMorden · · Score: 3, Insightful

      why are you playing a port of a PC game? This doesn't make sense.

      Because some people can't justify the cost of building/maintaining a gaming PC so they buy a console at a much lower price (that they'll get 7+ years out of) and play games there instead?

      I've got other stuff to worry about than dumping $700 every other year into a PC just to play the same same games that are available on a $350 console that will last nearly a decade.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    11. Re:Lawyers get millions by Anonymous Coward · · Score: 2

      Don't worry, I am sure Hillary will be different.

    12. Re: Lawyers get millions by CronoCloud · · Score: 2

      does not require to be plugged into the internet to work,

      Neither does the PS4, why do you think it does?

      does not require gb of updates,

      I'm laughing at you because you're obviously not a serious user of PS3 since there ARE PS3 games that have large multi-gig updates.

    13. Re: Lawyers get millions by MBGMorden · · Score: 2

      Granted, I could of bought half a console for the upgrade but then it would be obsolete in under 2 years

      In what world are your consoles going obsolete in 2 years?

      The PS2 was released in March of 2000.
      The PS3 was released in November of 2006.
      The PS4 was released in November of 2013.

      That's a 6.5 to 7 year span between releases. Now, take into account that generally for the first year or so of any new system they still release most games on both the old and new version you can usually stretch out your older system another year or two past the introduction of a new one if you want.

      As to having to buy more than 1 - there are just very, very few games these days that are truly exclusive - and many of those like Nintendo titles aren't available on the computer either so you're not avoiding that exclusivity by playing on PC.

      And sure, you can make do with buying budget PC parts to keep it constantly just barely able to play the latest games - but with that you're losing the improved graphical quality that the PC is known for and likely getting an experience that's not even as good as the consoles provide.

      Now, I'm not saying that PC gaming is "stupid" or "dead" or anything like that. For people who have the money and want to invest it the experience really is better there. HOWEVER, there are lots of people who still love to play games but don't want to put that much money into the hobby. They either have other hobbies they would like to spread their funds to (or maybe even BILLS to pay) and for them consoles offer a way to still play the games without jumping on the PC upgrade treadmill.

      Or simply: I'm not surprised that people game on a PC, only that someone would pose the question "Why would you play a port of a PC game on a console?"

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    14. Re:Lawyers get millions by Rakarra · · Score: 2

      Devil's Advocate time: How would you have handled it? To claim the $55, the user would have to show real proof, and a "uhhh yeah, your honor, I totally bought this with the intent of using OtherOS" isn't going to cut it.

      I'm eligible for the $55 (I am pretty sure I still have the OtherOS image installed on my PS3 hard drive), but I'm not yet sure how I'm going to prove it, and I know that they can't just take my word for it.

  2. YDL 6.1 on the PS3 by mister_playboy · · Score: 4, Interesting

    Installing YDL 6.1 on my PS3 was my first Linux experience. I ran it over composite RCA to my TV so it wasn't much to look at, but it was step one in me becoming a computer guy.

    I latter put YDL 6.2 on it and that had a much easier install, as I recall.

    I went without upgrading to the OtherOS firmware for a year or so, but eventually some game I wanted to play required a newer firmware so I bit the bullet and installed it. I manually removed the Linux partition before the upgrade so I can't confirm whether the tales of the system not reclaiming the Linux partition if upgraded with it still in place were true.

    Still have my PS3, only replaced the original 60GB HDD a few months ago. Didn't realize at the time I bought it in January 2007 I would be getting the most capable version of the hardware... early adoption went well for once. Only real downside compared to the newer models is how loud the cooling fans are.

    --
    Do what thou wilt shall be the whole of the Law ::: Love is the law, love under will
    1. Re:YDL 6.1 on the PS3 by HiThere · · Score: 2

      There are other reason to never buy anything from Sony, but this is a good one. Never buy anything from Sony.

      Since then I won't even buy blank CDs with their logo, because I'd be ashamed to be associated with them.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  3. How about we reject the settlement? by mysidia · · Score: 3, Insightful

    Get all PS3 owners to Object to the settlement and demand the remedy of Specific Performance. Sony will be ordered by the court to restore 100% of the OtherOS functionality present before the update, which we paid for.

    1. Re:How about we reject the settlement? by meerling · · Score: 3, Informative

      Vastly different architectures, so those comparisons, despite being in the same units, is still not worth a lot.
      You see, the Cell is RISC, while the Intel chips you mentioned are all CISC.
      If you don't know the difference, look it up.
      Short version, they do very different things well, so a pure measurement of flops is pretty useless to compare.

    2. Re:How about we reject the settlement? by Khyber · · Score: 2

      "while the Intel chips you mentioned are all CISC"

      Intel has a RISC-like micro-core translating x86 instructions and has had it since the Pentium Pro. It has not been a CISC processor for AGES.

      " PlayStation 3's Cell CPU achieves a theoretical maximum of 230.4 GFLOPS in single precision floating point operations and up to +15 GFLOPS double precision using iterative refinement for the solution of linear equations."

      With the right programming, Cell will still stomp the shit out of current-gen processors.

      I program things. I have programmed things on the Cell directly when OtherOS was still usable. Just because IBM couldn't squeeze the performance out doesn't mean other people can't.

      Try again when you've successfully written your own Second Life clone to work on Cell Arch.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    3. Re:How about we reject the settlement? by godrik · · Score: 2

      The 1st-gen PS3 Cell had almost 300 GFLOPs performance.

      To put that in perspective, the i7-4770K is ~100 GFLOPs. The i7-6700K is ~113 GFLOPs.

      What are you talking about ? The cell in the PS3 gets about 250 Gflop/s single precision.

      a i7-6700K comes with 4 cores at 4 Ghz, support AVX2 and FMA extensions. There are 2 (?) FMA unit on that thing. so you should get about 4(cores)*4Ghz*2(FMA)*2(2units)*256/32(AVX registers)= 512Gflop/s.
      And in case you wonder, yes you do get about that in gemm computation.

      If you are looking at the memory subsystem, a skylake processor has almost has much L4 cache as the PS3 got in main memory. And a skylake machine wll probably have in main memory what a PS3 has in disk space.

      Let's talk about hardship of programming. The IBM cell machine was a nightmare to program, with shitty compilers and using the SPE required programming them in assembly for the most part and to manually double buffer everything from the host CPU. On a typical skylake processor, any C program is easily sped up with typical compilation tricks (pragma omp, pragma simd, ...) and the code will be portable on pretty much any architecture out there.

      Don't get me wrong the cell was a lot of fun. But you'll never run meaningful computation on it today. God, the recently released NVIDIA GPU crushes it in flop performance by a factor of 40. Why would you even bother with a hard-to-program cell ?

  4. Re:yet really.... by slashdice · · Score: 4, Informative

    Look shit head, the Air Force built a supercomputer cluster out of 1700 PS3s. The Cell is hot shit if you know what you're doing (which excludes you, of course).

    --
    Copyright (c) 1990 - 2014 Dice. All rights reserved. Use of this comment is subject to certain Terms and Conditions.
  5. Re:Sony's update was a travesty by ArhcAngel · · Score: 2

    The US Navy would disagree with you.

    --
    "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
  6. Skipped at the shareholders' meeting? by shanen · · Score: 2

    Pretty sure this mid-sized fiasco wasn't mentioned at the Sony shareholders meeting on the 17th. Unfortunately, my Japanese isn't that good, so I could have missed it, and I've already discarded the documents.

    Only memorable thing at this year's meeting was the late start. Some old fellow charged the stage and got in a shouting match with the CEO for several minutes before they could persuade him to leave. Not sure, but he might have been the same crackpot who was blocked about 5 rows back two or three years ago. I was seated on that side, but around the 12th row that year. In between, there were two minor ruckuses (ruckii?) at the meeting last year, but this year the overall tone of the shareholders seemed to be much more placid, if not downright bucolic.

    Actually, one more thing comes to mind. Seemed rather more intensely Japanese this year than in some past years. Still no gift for attending, but they did bring back the exhibition of new products.

    (I attended the NEC shareholders' meeting yesterday, and that one was seriously forgettable. Used to be that all of them were on the same day...)

    --
    Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
  7. Re:yet really.... by Yvan256 · · Score: 4, Funny

    ...the cell was a dumb idea.

    It was still strong enough to defeat two androids.

  8. Re:yet really.... by BronsCon · · Score: 2

    It never affected them until one of the PS3s in the cluster broke and there were no remaining PS3s capable of running Linux. So yes, I'd say it affected them a lot.

    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  9. Re:Sony series of epic disappointments by timrod · · Score: 2

    Actually, the reason they left out PS2 emulation was because of how error-ridden it was. There's a compatibility list of all PS2 games somewhere, and the compatibility varies wildly between the first five PS3 models. The ones with the actual PS2 hardware in them support some games but not others, and the ones with the software emulation support games the hardware-based ones didn't but then don't support some of the games the hardware-based ones did. What "non-compatible" means can also vary wildly: I specifically remember that Persona 3 (the base game before the FES expansion) had an issue where it would randomly wipe/corrupt save files at a point thirty or more hours into the game on some systems and not on others, while the FES expansion had the same issue but with different versions.

    The other problem was that Sony had no way of patching most of these bugs since in a lot of cases they resulted from ugly hacks in the code that were used to make the game run properly on the PS2 hardware and short of re-coding large portions of each non-compatible game there was no real fix for it.

  10. Re:Sony's update was a travesty by Anonymous Coward · · Score: 2

    Whether it affected them or not, I'd bet they can "attest under oath to their purchase of the product and installation of Linux, provide proof of their purchase .... and submit some proof of their use of the Other OS functionality"

    Looks to me like Sony owes the USAF $96,800

  11. Re:Sony's update was a travesty by meerling · · Score: 2

    Depends on country as to whether or not it's legal.
    In the US for instance, media shifting is legal, but circumventing the copy protection to do so isn't, so you're still screwed.

  12. Re:yet really.... by stealth_finger · · Score: 2

    ...the cell was a dumb idea.

    It was still strong enough to defeat two androids.

    That's when it became perfect.

    --
    Wanna buy a shirt?
    https://www.redbubble.com/people/stealthfinger/shop?asc=u
  13. Re:Sony series of epic disappointments by CronoCloud · · Score: 2

    Buggy shit didn't happen until they went to half-hardware half-software emulation.

    IIRC there were a few (very few) games that had trouble even on the first PS3's because the PS3 tries to implement a "perfect TRC exact PS2" so that games that break the TRC's and use various tricks, have issues. Which are worse on the models without the EE like the CECHE I have.

    There are also PSone games that have issues when run on anything other than an actual PSone, that includes the fully hardware compatible PS2! One example is the X-files graphical adventure game, the graphics glitch out and it is unplayable on a PS2 or PS3.

    There are games that DO run better on a PS2 or PS3. One example is the PSone port of Diablo. Original reviews state how it can be a bit choppy on a PSone...and it is. However if you play it on a PS3 it is no longer choppy.