PS3 Firmware 3.0 troubles spawn class action lawsuit
by Ludwig Kietzmann 
{ Oct 6th 2009 at 1:40PM } 
While Firmware 3.0 was reported to be problematic (particularly in unison with Naughty Dog's popular action game, Uncharted: Drake's Fortune), Sony soon issued an update to quell concerns. The manufacturer was also quick to separate hardware failures -- such as disc drive errors -- from the firmware update. It's the resulting $150 repair fee that provided impetus to Kennedy's suit, which aims to determine appropriate restitution during trial.
[Via Gamasutra]
_thumbnail.jpg "Dynasty Warriors Strikeforce (Ryu)")
Reader Comments (Page 1 of 4)
bumblo @ Oct 6th 2009 1:46PM
I normally call bull on these sort of class action lawsuits, but in this case (if it's really true) Sony deserves the negative press.
My 80GB PS3 works fine after 3.0 though, and I can only imagine how pissed I would be if a firmware update rendered it useless.
Captain Planet [Planeteer | Power of Captain Planet] @ Oct 6th 2009 1:51PM
I think we should sue Sony for the abomination that is the PSPGo instead of faulty firmware.
Dummy00001 @ Oct 6th 2009 1:53PM
@Captan Planet: unfortunately common sense wasn't made into law yet.
Space @ Oct 6th 2009 1:56PM
seriously, just don't buy the GO. we're sick of you crying about it. It's an additional option for consumers. IT IS NOT A REPLACEMENT!
Also, it has nothing to do with this thread.
Captain Planet [Planeteer | Power of Captain Planet] @ Oct 6th 2009 1:56PM
Common sense is overrated.
- Dick Cheney
dark_inchworm (stronger than never, ever before) @ Oct 6th 2009 1:57PM
As it turns out, law and common sense are often at arms with each other.
Troy Powers (PSN: TroyPowers) @ Oct 6th 2009 2:22PM
So, how does he go into court and prove it was the firmware that bricked his system and not user error? Good luck with that one, buddy.
Jack Tretton @ Oct 6th 2009 2:29PM
How often do firmware updates fiddle with the Blu-ray software? Isn't a BR update always a separate download?
psn: ijustw1n @ Oct 6th 2009 2:31PM
I think the failure and firmware updates are unrelated. First thing you learn in stats class, correlation does not infer causation.
On another note, what are these people doing to their ps3s? I have a launch 60gb that I got off eBay over 2 years ago, never had a warranty, don't clean it, play the hell out of it and sometimes just to show it who is boss, I push it off the shelf. Not one problem. Go figure.
VicViper @ Oct 6th 2009 2:34PM
I don't know the details of this case.
However I can 100% attest to the fact that the PS3 update 3.0 and 3.01 did indeed disable my system.
My system (a 60GB) worked flawlessly for 2 years until 3.0, which caused issues in regard to getting into games online. 3.01 broke dvd, and blu-ray playback, and caused freezing issues with the XMB which you couldn't exit while playing a game if accessed.
I called Sony, they told me there was no troubleshooting for the issue and it would $150.
I spoke to a supervisor, who in so many words said. 1) You can't prove it was the firmware. 2) Even if it was the firmware, we accept Sony takes no responsibility as per terms of the agreement when we download the firmware. Of course, we're force to agree to this 'agreement' when we're forced to download the firmware.
Anyway, I consulted Sony's own forums which were ablaze with complaints. A user fix 'rebuild the database' fixed my system in less than 10 minutes.
So, there's proof that the firmware did indeed disable at least some systems.
If this guy is in a similar situation as me, I hope he kicks Sony's butt. Oh, and Congrats to Nintendo for at least being honest and upfront about their firmware problems as well as taking responsibility and fixing people's Wii's.
LegendaryRedass @ Oct 6th 2009 2:50PM
The guy did get his ps3 in January of this year, so I tend to believe it's probably not a hardware issue. I've also had this happen to someone I personally know, who bought his in July.
At least Microsoft owned up to it and made it right. Reluctantly I might add.
Cody @ Oct 6th 2009 3:01PM
Can we ban Planet for the quoting of Dick Cheney?
Maverick Saturn (Igor) @ Oct 6th 2009 3:05PM
Sony does deserve a smack on the wrist for this if it proves to be true as it would be for any of the companies, can't say I would be happy if my console bricked because of an update and the makers told me "Ah well, go buy a new one".
Steven @ Oct 6th 2009 3:24PM
I had a ps3 YLoD issue and Sony wanted $150, f that, Im a pirate! This is how I fixed my problem, anyone could do the same:
1) Purchase a new PS3 with CASH* from from your local mart. Save the receipt.
2) Put your broken PS3 in the new box.
3) Return the PS3 and get your CASH* back.
*your an idoit if you do this with a credit card or check or anything that can be traced back to you.
I did this before the release of the Slim. Im sure there are still some Phats left out there.
Bobby @ Oct 6th 2009 7:54PM
Firmware 3.00 Has cause my data to corrupt. i had no issue til i updated to 3.00
draco @ Oct 6th 2009 3:48PM
First off Steven, the serials don't match, second your a douch if you do that.
Wes @ Oct 6th 2009 5:23PM
Well, if you enjoy watching this lawsuit, look at the good news. With Sony having a 10-year plan and there being three major firmware updates within the first three years of the ps3's lifetime, there's only 7 more firmwares to come. So what's the worst that could happen with 7 more firmware updates besides 7 more chances to break the console :D.
Jack Spicer PSN: watsuke @ Oct 6th 2009 5:30PM
i have to take Sony's side on this one. They have everything they need in the agreement to cover their ass, so really they wont lose.
3. SERVICES AND UPDATES
"...Some services may change your current settings, cause a loss of data or content, or cause some loss of functionality. It is recommended that you regularly back up any data on the hard disk that is of a type that can be backed up..."
6. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
"SCE AND ITS AFFILIATED COMPANIES EXCLUDE ALL LIABILITY FOR ANY LOSS OF DATA, LOSS OF PROFIT, OR ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL HOWEVER ARISING, AS A RESULT OF ACCESSING TO OR USING THE SYSTEM SOFTWARE OR ANY OF THE CONTENTS, PROGRAMS, FEATURES OR SERVICES ON OR PROVIDED THROUGH THE SYSTEM SOFTWARE. SO LONG AS THIS PROVISION IS ENFORCEABLE IN YOUR JURISDICTION,.."
So yeah. Sony is saying download at your own risk, kinda like a "Trespassers may be shot" sign and people are complaining cause they got shot.
S. Tiger @ Oct 6th 2009 5:34PM
I second banning Captain Planet for quoting Cheney.
Also, this Kennedy guy should have bought his PS3 from Sam's Club, and paid the extra $40 for a three year warranty. Hoorah for friends with business class membership!
alinos @ Oct 6th 2009 8:18PM
Software does not break hardware the patching process does seem to put some strain on the system tho i have a bricked 2.8 phat console because when i upgraded the update has got stuck at the 63% mark and goes no further and since it broke in the installing stage it doesnt do anything but
try to install of its own accord->reaches 63%-> error -> please contanct sony for assistance = have to switch it off at the back
call sony oh thats not our fault mainly cause it was an optional update and your not under warranty anymore
i went from 2.6 and you forced it me onto 2.8 since 2.7 was no longer around and i had to update to get online
raymond @ Oct 6th 2009 8:40PM
This is history repeating itself. I have a launch 60Gb PS3 and when one of the 2.X firmwares was released, I honestly don't recall which, it bricked my PS3. I remember searching online at the time to see what info there might be regarding this issue. What I found is much like what is apparently happening now, many, many, many people with identical system failures, in my case the firmware stopped the blu-ray drive from recognizing game discs and thus being able to play them.
Upon calling Sony they acknowledged that this was now a known problem and shipped me a box to send-in my PS3 for repair. Fortunately I was still under warranty but I can see how I would be really pissed if I had no warranty protection and was expected to pay $150 to fix a failure that Sony admitted was a firmware related issue.
Chris @ Oct 6th 2009 11:26PM
@Jack Spicer PSN: watsuke: You're siding with Sony on this? I hope you're joking. You probably wouldnt be agreeing if it was your PS3 that died.
Teo_369 @ Oct 6th 2009 1:47PM
well it has ruined my sisters 60gb launch ps3 it goes green,yellow,red and my copy of heavenly sword is still in there :( . so what were suppose to pay up for something that isn't really are fault?? *ugh.... -__-
KiwiLord @ Oct 6th 2009 7:43PM
I have the same problem, but that doesn't mean that it's the firmware though. The Green-Yellow-Red light means a hardware failure, and is usually the result of the CPU and/or GPU's solder melting. You can fix it yourself if you want to void the warranty, but it only works for a couple months. That, and it's a ton of work to get to the CPU and GPU, plus if you don't know what your doing you can seriously screw yourself over.
The problem I have with this is that my system was well ventilated and the fans almost never went to their third cycle. The system itself never felt like it was too hot either. Looks like I get to pony up $150. Or just send it to Sony and tell them what I think of their ten year plan.
dannysmell @ Oct 6th 2009 9:23PM
@Teo_369
Try turning the ps3 off on the back and unplugging it. Then plug it back in, hold the eject button, then flip the switch to turn it back on while still holding the eject. Worked for me when I got the ylod.
FFAngelLightning12 @ Oct 6th 2009 1:48PM
[banned]
rickjamess04 @ Oct 6th 2009 1:50PM
Ah, there's nothing like downvoting a troll right after lunch...
tmacairjordan87 @ Oct 6th 2009 1:51PM
"ps3 slim sales have slowed down as I predicted"
You must have a pretty big asshole where you're hiding these numbers, cause I can't find them.
FFAngelLightning12 @ Oct 6th 2009 1:53PM
[banned]
CTC XBL-supapaypamawio [Planeteer | Power of the Anti-Fanboy Bitch Slap] @ Oct 6th 2009 2:01PM
Your lack of intelligence offends us all.
Shmil @ Oct 6th 2009 2:07PM
Oh Sprinkles. When will you learn?
jackal @ Oct 6th 2009 2:12PM
Oh sprinkles, how lovely it is for you to make a presence on Joystiq once more. While playing a friendly game of chess or backgammon, we might be able to casually discuss how the company's particular actions regarding their faux pas is, essentially, no different than Microsoft's repeated and incessant blundering in regards to their own system. Time permitting, we might be able to go to the local box social; I've heard they're burning an effigy of Bobby Kotick (or, it might actually be Bobby Kotick, they didn't specify) and that all conversations are to center around whether or not raising the MSRP for a delayed PC game can be viewed as viable.
On a more serious note, Sony deserves every bit of flack its been getting over the bungling of Firmware 3.0 and, in this case, a class action lawsuit is perfectly justifiable. A company shouldn't release a software update that can and has rendered its products useless only to demand a $150 fee to repair out-of-warranty hardware over a defect it, not the consumer, caused. While I've been fortunate enough not to experience a hardware or software problem with my 80 GB PS3 even after updating to the "bad" firmware, I'd be unbelievably pissed if I was expected to pay $150 to fix the $500 system I bought last year when it was working fine up until that very moment. If the lawsuit actually makes it anywhere, I hope Sony refunds every last cent it made from repairing the Firmware 3.0 afflicted system and that, in the future, they'd repair their own software fuckups for free.
Maverick Saturn (Igor) @ Oct 6th 2009 3:03PM
Sprinkles, don't you learn?
RKN @ Oct 6th 2009 3:05PM
Guys, Christ Grant said whenever Sprinkles pops up, just email him at chris@joystiq.com and he'll take care of it, just give him Sprinkle's account URL,
eg.
http://www.joystiq.com/profile/3325675/
RAVE Master 2.0 @ Oct 6th 2009 3:09PM
Sprinkles got banned once again, I see?
Well, I don't know why they call him Sprinkles, because sprinkles are awesome...
Sprinkles isn't awesome enough to be named after a candy that gives you the ability to taste the rainbow.... -.-
RKN @ Oct 6th 2009 3:15PM
I believe it was tmac that coined its nickname and I think he chose that name because its bisexual, I dunno.
OnToGloryReturns @ Oct 6th 2009 3:25PM
It's because he's a psychotic homosexual (seriously) who is obssesed with the PS3. He really has no ther life than trolling gaming blogs. It's sad really, and hopefully he gets the psychological help he needs.
Other than that, we all hate him.
Viney @ Oct 6th 2009 3:32PM
Rave Master, I think you're confused. You mean Skittles right?
RAVE Master 2.0 @ Oct 6th 2009 4:00PM
@ Viney
Holy crap...
You're right, I'm so stupid. ;)
Viney @ Oct 6th 2009 4:14PM
Don't worry about it. Just play it cool. With Sprinkles running around here hogging all the stupid, mistakes like that should fly under everyone's radar.
Old Professor Zertoss @ Oct 6th 2009 1:48PM
So with all of the PS3 hardware revisions floating around, is there a specific one that's troubled by disc read errors? I decided to try my 80GB over the weekend and had no trouble playing Uncharted for several hours.
Wes @ Oct 6th 2009 5:18PM
A lot of people with the issues seem to be citing having 60GB consoles. That really bites since people who bought into the PS3 when it was new at $599.99 really were sony's loyal fan base. You don't really want to screw them by forcing them to pay another $150.00 and possibly sending a 80gb replacement without the backwards compatibility. When you screw your loyal fan base, it hurts your profit margins in my opinion.
Blkant @ Oct 6th 2009 1:48PM
And what, some idiot kid thinks he understand the hardware to make such claims? Why does every jackass think hes entitled to everything and his opinions are made of gold. People need to lose some of their sense of self worth because they sure think a hell of a lot about themselves to think everything is a personal and intentional wrong on them.
bumblo @ Oct 6th 2009 2:03PM
I'm sure you would change your opinion if this happened to you and were asked to cough up $150 for repairs.
Blkant @ Oct 6th 2009 2:08PM
Has, once, and I did pay up. But you know what, its a god damn hardware failure it happens all the time, just a fact of life and its just so god damn annoying that everyone is such a whinny bitch about everything. Without even thinking things over everyone always jumps to conclusions that its due to this or that to justify their pathetic little need to either blame someone else or feel good by belittling things. they dont know shit about, its everywhere.
JT @ Oct 6th 2009 4:31PM
Seriously, PS3's have a Blu ray laser issue. Whether or not this update caused even MORE problems in that area does not negate the fact that Sony should still be liable for all the damaged blu rays
bumblo @ Oct 6th 2009 2:17PM
Point is, this whole thing is not exactly an isolated incident. Check the forums.PS3 Works fine before 3.0. PS3 doesn't work fine after 3.0. Doesn't take a rocket scientist to figure out who the culprit is. This lawsuit is most likely going to be thrown out, but in the very least, it will send a message to big corporations like Sony that not everyone appreciates being shafted up the ass.
YOU GO JOHN KENNEDY!
Space @ Oct 6th 2009 2:26PM
ask not, what you can do for Sony. ask, what Sony can do for you?
Reuben @ Oct 6th 2009 2:48PM
Considering that the PS3 costs somewhere in the realm of $300, people have a right to be annoyed when they fail. If you just coughed up the money for your repair without fighting for it then you're an absolute idiot.
sonicspike41 @ Oct 6th 2009 3:32PM
+1 for Space, even though your second sentence was a statement and not a question.