Joystiq

PS3 'Other OS' class action dismissed

JC Fletcher — Tue, 13 Dec 2011 11:30:00 EST

Sony was successful with its motion to dismiss the class action lawsuit against its removal of the PS3's "Other OS" Linux compatibility. A federal judge has dismissed all of the counts in the suit.

All but one of the claims had been dismissed in February, Gamasutra reports. The plaintiffs amended their claims, but judge Richard Seeborg has dismissed the amended claims. "In light of the prior amendment, and the fundamental shortcomings in plaintiffs' basic theory that it was wrongful for Sony to release the software update in dispute, leave to amend will be denied," Seeborg wrote, closing the door on future amendments.

Seeborg wrote that while Sony's decision to allow users access to OtherOS only if they decline updates necessary to access PSN caused "dismay and frustration" to PS3 owners, no legal basis was shown for preventing the move. "The flaw in plaintiffs' [argument] 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."

PS3 'Other OS' class action dismissed originally appeared on Joystiq on Tue, 13 Dec 2011 11:30:00 EST. Please see our terms for use of feeds.

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Sony files to dismiss 'Other OS' class action lawsuit

James Ransom-Wiley — Mon, 20 Sep 2010 14:00:00 EST

Filed under: Weird But True, Opinions, New In Pop Culture

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?

Sony files to dismiss 'Other OS' class action lawsuit originally appeared on Joystiq on Mon, 20 Sep 2010 14:00:00 EST. Please see our terms for use of feeds.

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Air Force disappointed by PS3's Other OS removal

Justin McElroy — Wed, 12 May 2010 11:25:00 EST

[Image credit: Air Force]

It seems we'll all have to be a little more careful before we mock PS3 owners that have voiced concern over Sony's decision to remove the "Install Other OS" option from the console (via a recent firmware update). "What nerdlinger would be so bent out of shape about that?" you might wonder aloud. As we've just learned from Ars Technica, that nerdlinger happens to be the United States Air Force.

The military branch uses a network of around 2,000 PlayStation 3 units running Linux for research, a structure which proved to be more affordable thanks to Sony's hardware subsidy. The setup isn't in any immediate trouble, as the consoles aren't hooked up to PSN and don't need to be updated, but when the units die out it will be difficult -- if not impossible -- to replace them. Considering they just constructed the rig a few months ago, the Air Force has expressed disappointment. And as you'll read in the Ars story, Uncle Sam isn't alone in his frustration.

Oh, and sorry about the lack of Top Gun references in this post, but that's actually a movie about the Navy. We know, we were disappointed too.

Air Force disappointed by PS3's Other OS removal originally appeared on Joystiq on Wed, 12 May 2010 11:25:00 EST. Please see our terms for use of feeds.

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Sony slapped with two more class-action suits over Other OS removal

Ben Gilbert — Tue, 11 May 2010 14:00:00 EST

As if one lawsuit regarding the removal of the Other OS functionality from the PlayStation 3 wasn't enough, two more class-action suits have been filed against Sony, reports IGN. Earlier this month, Todd Densmore and Antal Herz (of Georgia and California, respectively) filed a class-action suit against Sony, alleging that firmware update 3.2.1 (which removed the Other OS feature) made various features of the console unusable -- features that the suit claims weren't allowed to be removed without compensation, per the console's Terms of Service and System Software License Agreement.

Furthermore, a group of five US citizens filed a second suit in late April, also claiming "lost money" given the removed functionality. Both suits can be found in full here and here (warning: PDF links), and for its part, Sony reps have said "the company does not comment on pending litigation." Potentially, if the first of these two suits were to get anywhere, the implications would be rather large, as the "class" in this case includes "anyone who purchased a PlayStation 3 from November 17, 2006 to March 27, 2010 and folks who continue to own their console as of March 27, 2010."

Sony slapped with two more class-action suits over Other OS removal originally appeared on Joystiq on Tue, 11 May 2010 14:00:00 EST. Please see our terms for use of feeds.

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Man files class action suit over PS3 Other OS support removal

Griffin McElroy — Thu, 29 Apr 2010 20:00:00 EST

Worried that Sony was going to get off lightly, only suffering the slings and arrows of a few angry commenters after removing the PS3's support for other operating systems like Linux? You might endorse the actions of Anthony Ventura, who recently filed a class action lawsuit against the company, claiming its actions represent a breach of contract, false advertising and a handful of other unsavory, unscrupulous business practices.

In the suit, Ventura claims the Other OS function is "extremely valuable," adding that while players aren't forced to download the new update, those who don't are left unable to access the PSN, or enjoy any games or Blu-ray movies which require the new firmware. The filing mentions no specific amount of damages sought, but "the amount in controversy is in excess of $US5 million."

Ventura's lawsuit is a long shot, and if it does bear fruit, it likely won't do so for a long, long time. Those in search of a more expedient payday: have you considered moving to Europe, and then asking really nicely for some compensation?

[Thanks to everyone who sent this in!]

Man files class action suit over PS3 Other OS support removal originally appeared on Joystiq on Thu, 29 Apr 2010 20:00:00 EST. Please see our terms for use of feeds.

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LGJ: Does PS3 Firmware 3.21 come with a refund?

Mark Methenitis — Thu, 15 Apr 2010 15:45:00 EST

Filed under: Features

Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games:

[Flickr: DeclanTM]

By now you've installed the PS3 Firmware 3.21 update that removes the "Other OS" option (more or less) from your console. (You've at least read about it.) Besides angering the PS3 users who had been enjoying the Other OS feature, this incident has had some unintended consequences in the realm of consumer protection and warranty laws, both in the US and abroad. It's certainly a bit of an unusual situation, but hopefully this column will provide you a bit of an explanation on a global scale, and answer the question, can I get a refund?

For anyone who's not clear on what laws are involved, the broad areas of consumer protection and warranties both deal with protecting the purchasers of products from those who make or sell those products. The idea being that you should be entitled to purchase and own the product that you intended to buy, rather than something that's misleading, fraudulent, likely to break on its own, or broken. This is to help ensure the integrity of the marketplace, which helps secure consumer confidence. After all, aren't you more likely to buy a game console when you know it's a game console and (if new) covered by a warranty against defects, rather than an empty case or a box with bricks in it?

Continue reading LGJ: Does PS3 Firmware 3.21 come with a refund?

LGJ: Does PS3 Firmware 3.21 come with a refund? originally appeared on Joystiq on Thu, 15 Apr 2010 15:45:00 EST. Please see our terms for use of feeds.

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