SCEA has filed a motion to dismiss a class action brought against the company for its removal of the PS3's "Other OS" feature, which allowed users to install Linux on the system. Sony argues that the lawsuit, a consolidation of seven similar suits filed last spring, fails to present evidence that the company overtly advertised Other OS in its marketing campaigns or on PS3 packaging.
Sony's filing also claims that the PS3 warranty, license agreement and the PlayStation Network Terms of Service "specifically provide PS3 purchasers with a license, not an ownership interest, in the software and in the use of the PSN, and provide that SCEA has the right to disable or alter software features or terminate or limit access to the PSN, including by issuing firmware updates," according to court documents obtained by IGN. (Other OS was removed with a firmware update; and users who decline any update are barred from PSN.)
Additionally, Sony has requested that the "class" allegations be stricken from the suit because the plaintiffs did not all use Other OS in the same way. In fact, one of them never used the feature at all. With Sony presenting some seemingly solid grounds for the lawsuit's dismissal, it might be prudent for the plaintiffs to call a key witness to the stand when the two parties meet before a judge on November 4. How about ... the United States Air Force?
Reader Comments (115)
Posted: Sep 20th 2010 2:02PM (Unverified) said
Sony trademarked the word "everything"? Jeeze, they must be making a ton of cash off that.
Posted: Sep 20th 2010 2:19PM Drakkenfyre said
They trademarked the phrase. You don't put the TM until the end of the phrase, no matter how funky you have the formatting.
Would the instructions in the manual constitute some form of advertisment and support?
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Would the instructions in the manual constitute some form of advertisment and support?
Posted: Sep 20th 2010 2:49PM ShadowXIII said
@Lambrick
Why did the monkey fall out of he tree...
...because it was dead.
Reply
Why did the monkey fall out of he tree...
...because it was dead.
Posted: Sep 20th 2010 5:52PM GordoJones88 said
Why did the chicken fall out of the tree . .
because it was stapled to the monkey.
Reply
because it was stapled to the monkey.
Posted: Sep 20th 2010 2:07PM A Sandwich said
Why is anyone surprised? On the one hand it was lame of Sony to remove the Other OS feature which actually was touted as a selling point from the get go, naysayers be damned. On the other hand, I never used it and my experience is far from unique.
Posted: Sep 20th 2010 2:31PM Chris DPSN AggieCEO XBLThe Aggi said
@A Sandwich It was never touted as a selling point by anyone but the highest of nerds and only to other nerds....try again
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Posted: Sep 20th 2010 2:42PM spin cycle said
@A Sandwich Where did anyone say anyone was surprised?
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Posted: Sep 20th 2010 2:46PM thisredengine said
@Chris DPSN AggieCEO XBLThe Aggi
Exactly. Big ups.
Reply
Exactly. Big ups.
Posted: Sep 20th 2010 3:05PM McDuckScrooged said
@Chris DPSN AggieCEO XBLThe Aggi
it sort of was touted as a selling feature when it first released..
www.playstation.com/ps3-openplatform/index.html (paste this link to view it joystiq 3 link rule )
http://uk.gamespot.com/news/6162316.html?sid=6162316
"Sony has been saying that it sees its new next-gen machine, the PlayStation 3, as more of a computer than a console. Terra Soft Solutions is now making Yellow Dog Linux 5.0 available for download for the PS3, taking that idea a step closer to reality."
"According to the manual, when Sony Computer Entertainment designed the PS3, "it was fully intended that you, a PS3 owner, could play games, watch movies, view photos, listen to music, and run a full-featured Linux operating system that transforms your PS3 into a home computer."
http://www.1up.com/news/ps3-conference-report-date
"PS3 will include a 60GB hard drive (which is upgradeable) with Linux preinstalled. According to Kutaragi, developers should create games for the PS3 with assumption the hard drive will be present in the system (his slide was titled "HDD is required!"). "
They did emphasis the Linux functionality at and around launch.. I did have Linux installed on my launch 60 and used it a whole 5 or 6 times (no nvidia gpu access, not much point)
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it sort of was touted as a selling feature when it first released..
www.playstation.com/ps3-openplatform/index.html (paste this link to view it joystiq 3 link rule )
http://uk.gamespot.com/news/6162316.html?sid=6162316
"Sony has been saying that it sees its new next-gen machine, the PlayStation 3, as more of a computer than a console. Terra Soft Solutions is now making Yellow Dog Linux 5.0 available for download for the PS3, taking that idea a step closer to reality."
"According to the manual, when Sony Computer Entertainment designed the PS3, "it was fully intended that you, a PS3 owner, could play games, watch movies, view photos, listen to music, and run a full-featured Linux operating system that transforms your PS3 into a home computer."
http://www.1up.com/news/ps3-conference-report-date
"PS3 will include a 60GB hard drive (which is upgradeable) with Linux preinstalled. According to Kutaragi, developers should create games for the PS3 with assumption the hard drive will be present in the system (his slide was titled "HDD is required!"). "
They did emphasis the Linux functionality at and around launch.. I did have Linux installed on my launch 60 and used it a whole 5 or 6 times (no nvidia gpu access, not much point)
Posted: Sep 20th 2010 3:24PM Chris DPSN AggieCEO XBLThe Aggi said
@McDuckScrooged uhhhh yea.....so I'm still waiting on how they touted this.....commercials? billboards? so it was in a gaming magazine....and was most certainly a big deal in Japan amongst gamers there....but to the AVERAGE consumer....where most likely 90%+ of people dont even know what Linux is.....even if I tell them their Droid phone has it on there.....fact is they most likely had fewer than 5% of people connected to PSN that used it...they axed it...and most of the uproar has been from nerds that never used it or even own a PS3 in the first place...I had it...tried it....built a HTPC instead....the RAM on the PS3 makes it SUCK as a PC....PERIOD....
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Posted: Sep 20th 2010 3:36PM Raffi256 said
@McDuckScrooged
Like I just said, the Linux support existed just as a cheap attempt to get the PS3 classified by customs officials as a computer instead of an entertainment device. Once that failed to work, there was no longer any reason to support the feature.
Reply
Like I just said, the Linux support existed just as a cheap attempt to get the PS3 classified by customs officials as a computer instead of an entertainment device. Once that failed to work, there was no longer any reason to support the feature.
Posted: Sep 20th 2010 3:40PM DWells55 said
@Chris DPSN AggieCEO XBLThe Aggi
Regardless of who or how many people it affected, the fact is that Sony did make it clear that the feature existed and mentioned it during conferences, press material, etc. It was touted as something that set PS3 away from the competition. What they didn't make clear, however, was that they were willing to take it away from consumers on a whim. Yes, you could decline the update, but there goes PSN access, a very heavily advertised feature.
Did I personally use OtherOS? Nope, without GPU access it was pointless for me. However, I still think it was a very low move of Sony to remove it.
Reply
Regardless of who or how many people it affected, the fact is that Sony did make it clear that the feature existed and mentioned it during conferences, press material, etc. It was touted as something that set PS3 away from the competition. What they didn't make clear, however, was that they were willing to take it away from consumers on a whim. Yes, you could decline the update, but there goes PSN access, a very heavily advertised feature.
Did I personally use OtherOS? Nope, without GPU access it was pointless for me. However, I still think it was a very low move of Sony to remove it.
Posted: Sep 20th 2010 6:03PM McDuckScrooged said
@Chris DPSN AggieCEO XBLThe Aggi
I absolutely agree with you, dont get me wrong, The Linux installation was great if you wanted to ssh into the console and tap the cell processor to work on an algorithm which involved huge floating point arithmetic, (or password crackers / encryption cracking).. They did manage to reclaim the ram from the GPU as well, which would have topped it at 512MB (not definite on this but remember reading this somewhere)
Short of re-writing the whole of X and the window managers to use the Cell processor to carry out graphics acceleration though the whole experience as a desktop sucked. Thats why I used it a whole of 5 or 6 times, it was cool but they knee capped the Linux experience.. If they had allowed access to the RSX it would have been awesome as a desktop OS..
Dwells is right here though. It was a promised feature and a feature they shipped the console with.
@ Raffi256 -- Yes I heard that too, I think it had to be the reason why they did it..
Also I think had a deal with IBM because IBM was trying to use the PS3 as a cheap introduction to cell processor programming. They had/have a huge amount of Linux Cell Documentation and programming on their site. They wanted devs to use the PS3 as a learning platform to then buy $5,000+ ibm cell based servers and develop their platforms..
This also bombed because of stuff like CUDA and OpenCL which basically does the same stuff using GPUs (in fact does it better the cell has 8 ? spes an Nvidia GTX480 has 480 Cores all of them programmable all of them great at Floating point arithmetic.. Why bother buying a server with the Cell processor when you can buy 3 of these cards dump them into a server and use SLI to link them ? Way more bang for the equivalent buck..
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I absolutely agree with you, dont get me wrong, The Linux installation was great if you wanted to ssh into the console and tap the cell processor to work on an algorithm which involved huge floating point arithmetic, (or password crackers / encryption cracking).. They did manage to reclaim the ram from the GPU as well, which would have topped it at 512MB (not definite on this but remember reading this somewhere)
Short of re-writing the whole of X and the window managers to use the Cell processor to carry out graphics acceleration though the whole experience as a desktop sucked. Thats why I used it a whole of 5 or 6 times, it was cool but they knee capped the Linux experience.. If they had allowed access to the RSX it would have been awesome as a desktop OS..
Dwells is right here though. It was a promised feature and a feature they shipped the console with.
@ Raffi256 -- Yes I heard that too, I think it had to be the reason why they did it..
Also I think had a deal with IBM because IBM was trying to use the PS3 as a cheap introduction to cell processor programming. They had/have a huge amount of Linux Cell Documentation and programming on their site. They wanted devs to use the PS3 as a learning platform to then buy $5,000+ ibm cell based servers and develop their platforms..
This also bombed because of stuff like CUDA and OpenCL which basically does the same stuff using GPUs (in fact does it better the cell has 8 ? spes an Nvidia GTX480 has 480 Cores all of them programmable all of them great at Floating point arithmetic.. Why bother buying a server with the Cell processor when you can buy 3 of these cards dump them into a server and use SLI to link them ? Way more bang for the equivalent buck..
Posted: Sep 20th 2010 2:08PM McDuckScrooged said
What Sony did was just wrong here.. Disabling other OS is not the way to fix a security hole, its akin to using a stick of dynamite to crack open a walnut.
Posted: Sep 20th 2010 2:08PM carmaction said
Wait a minute. Hold the phone.
Some of the plaintiffs haven't even USED the Other OS feature? So, they're just looking to Papa Sony for their allowance?
Some of the plaintiffs haven't even USED the Other OS feature? So, they're just looking to Papa Sony for their allowance?
Posted: Sep 20th 2010 2:16PM Ezio Auditore da Firenze said
@carmaction
Yep, pretty much.
It's a gravy train with biscuit wheels! Everyone jump aboard!
Reply
Yep, pretty much.
It's a gravy train with biscuit wheels! Everyone jump aboard!
Posted: Sep 20th 2010 3:00PM CameronMcCullers said
@Ezio Auditore da Firenze
Just don't let Charlie on board.
http://www.youtube.com/watch?v=x3GlIpe2Acg
Reply
Just don't let Charlie on board.
http://www.youtube.com/watch?v=x3GlIpe2Acg
Posted: Sep 20th 2010 3:53PM kentuckyfried said
@carmaction
I only knew about either b/c I read about it here, or by reading the manual. I can't remember which came first.
The tragedy here is that 6 months after I installed it, I couldn't remember what password I assigned for the login, and there was no way for me to recover it. So in the end I didn't even bother trying to re-install it or anything.
It's too bad that Other OS isn't still available, b/c in theory it allows for the playback of MKV's on the ps3 instead of trying to stream it using ps3 media server (I don't even bother b/c it seems to run like shit...anybody know what minimum bandwidth I need in order for it to go smoothly? avi playback is otherwise fine).
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I only knew about either b/c I read about it here, or by reading the manual. I can't remember which came first.
The tragedy here is that 6 months after I installed it, I couldn't remember what password I assigned for the login, and there was no way for me to recover it. So in the end I didn't even bother trying to re-install it or anything.
It's too bad that Other OS isn't still available, b/c in theory it allows for the playback of MKV's on the ps3 instead of trying to stream it using ps3 media server (I don't even bother b/c it seems to run like shit...anybody know what minimum bandwidth I need in order for it to go smoothly? avi playback is otherwise fine).
Posted: Sep 20th 2010 5:36PM End User said
@carmaction You know, it's really F'ing sad how people bend over and take it and disparage those that try to exercise a bit of legal action as just out for "allowance" or whatever.
Sony pulled back compat just to milk YOU for more money.
Newsflash: basically everything Sony does is so they can milk you for more money. They may not be as sinister about it as their competitors in many cases, but they still just want your money.
Not only do they just want your money, they don't even want to let you really own that for which you have handed over your money.
MOST people probably don't use the photo viewer. Let's nix that.
MOST people don't use the optical audio output. Let's nix that too.
And if you've got a problem with it, you're just a money-grubbing whiner.
What if the plaintiffs just wanted Other OS reactivated? Would that still constitute them just being "greedy?"
Not to mention that in a class action suit, each individual covered by the class designation usually ends up with maybe $20, IF they're lucky (I've gotten a check for less than $2 from a class action). Oh yeah, they're really just greedy, trying to get that free ride.
Some people are such suckers.
Reply
Sony pulled back compat just to milk YOU for more money.
Newsflash: basically everything Sony does is so they can milk you for more money. They may not be as sinister about it as their competitors in many cases, but they still just want your money.
Not only do they just want your money, they don't even want to let you really own that for which you have handed over your money.
MOST people probably don't use the photo viewer. Let's nix that.
MOST people don't use the optical audio output. Let's nix that too.
And if you've got a problem with it, you're just a money-grubbing whiner.
What if the plaintiffs just wanted Other OS reactivated? Would that still constitute them just being "greedy?"
Not to mention that in a class action suit, each individual covered by the class designation usually ends up with maybe $20, IF they're lucky (I've gotten a check for less than $2 from a class action). Oh yeah, they're really just greedy, trying to get that free ride.
Some people are such suckers.
Posted: Sep 20th 2010 2:09PM MICHAEL ATKINSON said
What if they remove the use of USB because of security hacks?
Posted: Sep 20th 2010 2:17PM MICHAEL ATKINSON said
@MICHAEL ATKINSON Also i can understand if the removal of other os was the result of ps3's failing or other technical reason's,but why punish loyal users who may use this feature,and ps3 user's in general who are, mostly honest paying customers.
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Posted: Sep 20th 2010 2:33PM Chris DPSN AggieCEO XBLThe Aggi said
@MICHAEL ATKINSON Uhhhh they can simply make it so it only reads what they want....why disable the controller charger?
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Posted: Sep 20th 2010 2:09PM MLC said
So when MS launches Kinect, Sony will be in court...
Damn, that's crazy!
Damn, that's crazy!
Posted: Sep 20th 2010 2:50PM Chris DPSN AggieCEO XBLThe Aggi said
@MLC uhhh MS was in Court when Sony launched Move, the PS3, the PSP, the PS2.....what are you getting at here?
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Posted: Sep 20th 2010 2:09PM Ellimem said
Am I misreading the second paragraph or are they claiming the Apple model with ownership? It's yours, but not really yours.
Posted: Sep 20th 2010 2:25PM Controlled Chaos said
@Ellimem
That's exactly what I was thinking when I read through it. So when you buy a PS3, it's not really yours, but you're basically just on a permanent lease from them, as long as you use their software and PSN. Brocko is about right though, it's kind of the way of the world now, eerie as it is.
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That's exactly what I was thinking when I read through it. So when you buy a PS3, it's not really yours, but you're basically just on a permanent lease from them, as long as you use their software and PSN. Brocko is about right though, it's kind of the way of the world now, eerie as it is.
Posted: Sep 20th 2010 2:52PM Chris DPSN AggieCEO XBLThe Aggi said
@Ellimem open source on a closed network?? try again buddy....you STILL have to abide by VZ's rules in that 2 year contract....
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Posted: Sep 20th 2010 2:57PM correnos said
@Ellimem
For most android phones that statement would ring true(er), but have you seen the level of defense Moto put on the processor to prevent people from running custom roms? Motorola is trying to destroy the meaning of an open source phone while keeping the term around for PR.
/offtopic
It is ridiculous that modern companies can claim that people own anything with the gargantuan tangle of strings attached. I bought this software, and I'll install it on as many machines as I want, thank you very much. Or, more to the topic, I'll run whatever homebrew I want.
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For most android phones that statement would ring true(er), but have you seen the level of defense Moto put on the processor to prevent people from running custom roms? Motorola is trying to destroy the meaning of an open source phone while keeping the term around for PR.
/offtopic
It is ridiculous that modern companies can claim that people own anything with the gargantuan tangle of strings attached. I bought this software, and I'll install it on as many machines as I want, thank you very much. Or, more to the topic, I'll run whatever homebrew I want.
Posted: Sep 20th 2010 3:05PM Ellimem said
@Chris DPSN AggieCEO XBLThe Aggi Guess what buddy, you don't have to be connected to Verizon to use the network. I have my old Droid right here and I can still download applications and get the full functionality of the phone minus calling people and having 3g.
By the by, you really came off as a butthurt iPhone owner.
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By the by, you really came off as a butthurt iPhone owner.
Posted: Sep 20th 2010 3:32PM Chris DPSN AggieCEO XBLThe Aggi said
@Ellimem uhhhhh so what you are saying is you are connecting via WiFi to access features on the phone? most interesting....you still prove my point....if you want access to THEIR network you still have to follow a EULA...PERIOD....same as with that ISP you are connecting to via WiFi...
as for how I come off....uhhhh I'm a tech geek....iPhone owner...yes.....Blackberry owner...yes...Android owner....yes....WinMo owner...yes....soon to be WinPho7 owner...damn right.....and guess what...they ALL require you to agree to a EULA in order to use the phone as well as the network....get over yourself and learn to read
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as for how I come off....uhhhh I'm a tech geek....iPhone owner...yes.....Blackberry owner...yes...Android owner....yes....WinMo owner...yes....soon to be WinPho7 owner...damn right.....and guess what...they ALL require you to agree to a EULA in order to use the phone as well as the network....get over yourself and learn to read
Posted: Sep 20th 2010 2:12PM xkaosu9x said
Something tells me the USAF isn't trying to access PSN. Even if they did, the cluster wouldn't do much to help them since the drives aren't configured in a RAID. So installing all of their downloads would still take #%&@$ forever.
Posted: Sep 20th 2010 2:15PM Courtney said
Sony's in a tough spot arguing this on license and EULA terms. Sure, that's the protection they are counting on, but from what I've read, courts have bounced back and forth on the validity and enforcement of EULAs and licenses. If they lose, it could affect the licenses of all the consoles.
Posted: Sep 20th 2010 2:23PM Bocaprowler said
@Courtney
I hope Sony does lose this one. As much as I love my PS3 for Games, media and Blu-ray, it sucked when they removed Other OS, since I did in fact use it.
Reply
I hope Sony does lose this one. As much as I love my PS3 for Games, media and Blu-ray, it sucked when they removed Other OS, since I did in fact use it.
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