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Class Action Lawsuit Filed Against Sony for PS3 3.21 Update


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226w ago - Update #4: Forum user phoenixfire425 has posted a response he received from his attorney stating that the Class Action Law Suit has finally been approved in regards to the PS3's OtherOS removal.

Update #3: [Register or Login to view links] now reports of a [Register or Login to view links] (PDF) from Keith Wright of San Diego for removing the "Other OS" feature from the PlayStation 3, a [Register or Login to view links] (PDF) which demands a jury trial, a [Register or Login to view links] (PDF) which includes user comments from the US and EU Playstation Blog, IGN, ArsTechnica and Facebook, and even a [Register or Login to view links] from Michael Trebilcock of Australia.

Update #2: [Register or Login to view links] now reports that two more lawsuits have since been filed against Sony for the removal of OtherOS, both [Register or Login to view links] ([Register or Login to view links]) and [Register or Login to view links] (PDF) versus Sony Computer Entertainment America.

Update: Rebecca Coll, the attorney from the firm Meiselman, Denlea, Packman, Carton & Eberz P.C. who filed the suit against Sony has now explained (details below) to [Register or Login to view links] what the PS3 Class Action Lawsuit means for the average consumer.

On April 27, 2010 Anthony Ventura of California represented by Rebecca Coll filed a class action lawsuit with the San Francisco office of California's Northern District Court against Sony Computer Entertainment America Inc for the PS3 3.21 Firmware update that removed OtherOS functionality.

Needless to say, this comes as no surprise and isn't the first time Sony has been targeted with a class action suit over their PlayStation 3 entertainment system.

To quote: "This class action seeks redress for Sony's deliberate removal of valuable functions in one, with the availability of the PlayStation 3 video game console was advertised originally.

This distance is only a fraction of the contract between Sony and its customers and a breach of good faith is not it also means an unfair and deceptive trade practices at the expense of millions of unsuspecting consumers."

Pleas:

1. 1st Breach of Contract
2. 2nd Fraction of good faith
3. 3rd Unjust Enrichment
4. 4th Violation of the California Unfair Competition Law
5. 5th Violation of the California Consumer Legal Remedies Act

Coll said it's entirely too early in the case to predict when this might go to trial. But she said everyone who purchased a PS3 can be included.

We are going to ask the court to let us proceed as a nationwide class action. If the court agrees, the court will 'define the class,'" she told IGN. "Right now, our proposed 'class definition' includes everybody in the country who bought the PS3 from the time of launch until March 27, 2010."

"This class definition reflects, in part, that Sony commanded a much higher price for the gaming console based on the functionality of the 'Other OS' feature at the time of its launch and trumpeted the 'Other OS' feature in its subsequent marketing," she explained. "As a result, consumers paid much more for a product than they should otherwise have been charged now that Sony has disabled the 'Other OS' feature."

"If the court adopts this definition, then everyone fitting within that definition would automatically be included in the class action, unless they choose to 'opt out,'" she added.

Coll explained that notifications of the class action will then be sent to PS3 owners through various ways.

"Once the court defines the class, the court will order that the 'class' receive notice of the action," she said. "Notice methods vary. Sometimes notice is by publication in newspapers, by mail, by email, through internet postings, or any combination of those" she said. "The notice will advise class members how long they have to 'opt out' of the class. Sometimes, if there is a settlement at or before the time the class is certified, this 'class notice' also lets people know how they can file a claim, and tells people the deadline to file their claims."

"In other words, people technically do not need to do anything to 'sign on' to the lawsuit–if they fit within the class definition then they are automatically part of it unless they affirmatively ask to be let out of it after the class is certified," she explained.

Jason Baker, Sean Bosquett, Frank Bachman, Paul Graham and Paul Vannatta, individually and on behalf of all others similarly situated V Sony Computer Entertainment America, LLC successor to Sony Computer Entertainment America, INC filed on April 30, 2010.

Nature Of Action

1. Sony Computer Entertainment America, LLC successor to Sony Computer Entertainment America, INC ("Sony") marketed and sold its Playstation3 video games console ("PS3") as including valuable functions, such as the "Other OS feature, unified online gaming service, Playstation Network, multimedia capabilities and Blu-Ray technology. The PS3 could run a Linux operating system that transforms the PS3 into a home computer. Because of such exception features, the PS3 was the most expensive gaming console on the market when launched in 2006.

2. Sony has now intentionally disabled valuable functions of the PS3 for which consumers paid a premium price over other gaming consoles. This retroactive cripplingPS3 functionality breaches the contract between Sony and its PS3 customers, breaches the covenant of good faith and fair dealing, and violates the California Consumers legal Remedies Act and Unfair Competition Law.

3. Plaintiffs seek to represent a class of all persons in the United States who purchased a PS3 during the period beginning November 17, 2006 through March 27, 2010, and still owned their PS3 as of March 27 2010 ("Class"). Plaintiffs seek to recover for themselves and each Class member compensatory damages, restitution, injunctive relief, attorneys fees and the costs of this suit.

Todd Densmore and Antal Herz V Sony Computer Entertainment America, INC, a Delaware corporation filed on May 5, 2010.

Nature Of Action

1. Since Sony introduced the Playstation 3 ("PS3") in 2006, one of its advertised features included the "Install Other OS" function that allowed users to install and run other operating systems such as Linux.

2. On April 1, 2010 Sony released a PS3 firmware update version 3.21 ("Firmware 3.21") for the specific purpose of disabling the "install Other OS" function, PS3 users who do not install Firmware 3.21 lose the ability to sign on to the Playstation network ("PSN"), play online games, access other online features, and play PS3 games or Blu-Ray discs that require Firmware 3.21 or higher

3. Defendant intentionally accessed PS3 systems and intentionally transmitted Firmware 3.21 with the knowledge and intent of disabling its advertised "Install Other OS" function.

4. Plaintiffs paid for PS3 features and functions that defendant has rendered inoperable as a result of Firmware 3.21.

5. Defendants actions have resulted in injury in fact and lost money or property plaintiffs. Plaintiffs, on behalf of themselves and the proposed Class (as defined in paragraph 33 below), hereby seek damages and other relief the court deems just.

As expected, Sony representatives told IGN the company does not comment on pending litigation.



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Comments 41 Comments - Go to Forum Thread »

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phoenixfire425's Avatar
#41 - phoenixfire425 - 214w ago
i was reading that earlier on engadget... it's pretty cool, that now jailbreaking/rooting isn't illegal...

i think deep into the technical mumbo jumbo, it says that since the end user BUYS the device, they therfore OWN the device & can choose what to do with it that they feel...

hopefully this trickels down the line & lands in the court of consoles... then the REAL reverse engineers can get thier hands dirty & don't have to worry about M$ or $ony coming after them.
I could not agree more. After reading every article and the actual document its pretty clear. If you own it. Its yours.

So we really should start seeing the scene coming alive now that nobody has to be afraid. Unfortunately I cannot say this same thing for people that are not under the US law but I could imagine that they would follow if they have not already had something like this in place.

So lets continue fighting the good fight and let have a little fun!

enohand's Avatar
#40 - enohand - 214w ago
Here is something that should Def help this process along. This article is about the iPhone, but this could also be applied to the PS3 and any others.
i was reading that earlier on engadget... it's pretty cool, that now jailbreaking/rooting isn't illegal...

i think deep into the technical mumbo jumbo, it says that since the end user BUYS the device, they therfore OWN the device & can choose what to do with it that they feel...

hopefully this trickels down the line & lands in the court of consoles... then the REAL reverse engineers can get thier hands dirty & don't have to worry about M$ or $ony coming after them.

PSPSwampy's Avatar
#39 - PSPSwampy - 214w ago
Is anyone in the UK is currently seeking legal advise on this issue?

Just wondering because i might join in - i haven't updated my PS3 yet because i want to keep Linux, but it's annoying that they won't let me on-line anymore - so i'm thinking i might join in the fight!

cheers,
PSPSwampy.

phoenixfire425's Avatar
#38 - phoenixfire425 - 214w ago
Here is something that should Def help this process along. This article is about the iPhone, but this could also be applied to the PS3 and any others.
Owners of the iPhone will be able to legally break electronic locks on their devices in order to download software applications that haven't been approved by Apple Inc., according to new government rules announced Monday.

The decision to allow the practice commonly known as "jailbreaking" is one of a handful of new exemptions from a 1998 federal law that prohibits people from bypassing technical measures that companies put on their products to prevent unauthorized uses.

The Library of Congress, which oversees the Copyright Office, reviews and authorizes exemptions every three years to ensure that the law does not prevent certain non-infringing use of copyright-protected material.

In addition to jailbreaking, other exemptions announced Monday would:

- allow owners of used cell phones to break access controls on their phones in order to switch wireless carriers.

- allow people to break technical protections on video games to investigate or correct security flaws.

- allow college professors, film students and documentary filmmakers to break copy-protection measures on DVDs so they can embed clips for educational purposes, criticism, commentary and noncommercial videos.

- allow computer owners to bypass the need for external security devices called dongles if the dongle no longer works and cannot be replaced.

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OGroteKoning's Avatar
#37 - OGroteKoning - 214w ago
I got this mail on 19 July 2010... use the contact details if you like:
Thank you for contacting us about the Sony PS3 class action lawsuit. Our complaint requests that the Court allow us to proceed on behalf of everyone in the United States who purchased a PS3 between November 17, 2006 and March 27, 2010. Unfortunately, U.S. courts do not have jurisdiction to resolve claims brought by PS3 owners outside the United States, and we are not licensed to practice law in your country. I suggest that you contact an attorney in your local area, and we would be more than happy to provide that attorney with whatever background information might be helpful.

Danielle A. Burke, Paralegal
Meiselman, Denlea, Packman, Carton & Eberz P.C.
1311 Mamaroneck Avenue
White Plains, NY 10605
Direct: (914) 517-5058
Telephone: (914)517-5000 Ext. 258
Fax: (914) 517-5055

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