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Class Action Lawsuit Filed Against Sony for PS3 3.21 Update

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243w 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."


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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#36 - phoenixfire425 - 231w ago
phoenixfire425's Avatar
I received this today from the Attorney. This is what it said:
You are receiving this email message because you previously contacted this or another law firm regarding the Sony PlayStation 3 "Other OS" litigation. In essence, the claims in these cases are that Sony Computer Entertainment of America ("Sony") falsely represented that PS3 purchasers would be able to use their PS3s as a computer by installing another operating system, such as Linux. In a recent firmware update, Sony removed the ability of consumers to utilize this feature. As a result, seven class actions were filed against Sony in federal court in San Francisco, California.

We are pleased to announce that, at the request of all counsel, United States District Judge Richard Seeborg has consolidated all of the pending class actions against Sony relating to "Other OS" litigation into one action. As part of that consolidation, the attorneys in the consolidated actions agreed upon an organizational structure to prosecute this action against Sony as a united front.

At the request of all of the attorneys, Judge Seeborg ordered that three law firms with offices in San Francisco where the litigation is pending will serve as co-lead counsel (Calvo & Clark, LLP; Finkelstein Thompson, LLP; and Hausfeld, LLP). We are also pleased to announce that Meiselman, Denlea, Packman, Carton & Eberz P.C. has been appointed by the various plaintiffs' law firms as the firm responsible for acting as a liaison with you and other potential class members.

Please don't hesitate to contact us with any inquiries you may have concerning the litigation, and we will periodically update you as developments warrant. If you no longer desire to receive updates, please let us know and we will remove you from our database.

The next step in the litigation is to file a Consolidated Class Action Complaint, which we anticipate filing by the end of the month. Sony will then respond to the Complaint, and we will return to the Court in September to discuss the next steps of the litigation.

Please feel free to contact us if you have any questions or concerns. In the meantime, if you have documents related to your PS3 purchase (receipts, boxes, etc.) please retain them.

#35 - PS3 News - 238w ago
PS3 News's Avatar
Quote Originally Posted by daGraveR View Post
It seems that particular posting is already gone. The latest 'news' posting on their site (at time of write) was posted on April 30 2010, being that of the PS3 Class Action itself.

Indeed, after they received considerable traffic from leaving it up all day they finally claimed their site was "hacked" to display that message and have since removed it. Ahh well, at least we didn't fall for it.

#34 - Onestep - 238w ago
Onestep's Avatar
hopefully they will reinstate otherOS, as a forced payout to everyone will ensure we lose all free online gaming to take up for the loss of funds.

#33 - daGraveR - 238w ago
daGraveR's Avatar
It seems that particular posting is already gone. The latest 'news' posting on their site (at time of write) was posted on April 30 2010, being that of the PS3 Class Action itself.

#32 - PS3 News - 238w ago
PS3 News's Avatar
Quote Originally Posted by psp4lifeee View Post
Sony refunding all PS3 owners for removing an advertised feature

With the exception of a lack of appeals, it sounded slightly legit until I read this part LOL!
Quote Originally Posted by psp4lifeee View Post
Sony will also be at handing out refunds at "E3", a large video-gaming event, to all registered PS3 owners. A new article will be posted very soon on how Sony will be handling this matter.

I have a feeling that law firm is going to lose their credibility soon for posting that, considering E3 being a private, ticketed event, etc.


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