154w ago - As if there weren't enough class action lawsuits filed recently for the removal of OtherOS on PS3, IGN reports that yet another lawsuit (PDF) is brewing against Sony and Square Enix over Final Fantasy XIII freezing and in some cases breaking the user's PlayStation 3 entertainment system.
To quote: "The lawsuit, filed on June 2, 2010 by Daniel Wolf of San Diego, Calif., alleges Final Fantasy XIII has caused 'severe and widespread damage' to Sony PS3 gaming systems since its release on March 9, 2010.
The lawsuit states that, for many consumers playing Final Fantasy XIII, has 'caused their PS3 consoles to freeze and become totally and permanently inoperable.'
Wolf said he purchased a copy of Final Fantasy XIII the day it was released, and when attempting to save his game, his PS3 became unresponsive and would no longer play any other media after restarting it.
The suit also alleges that both Sony and Square Enix blamed the issue on one another. Square Enix said the issue resulted from Sony's console, and Sony blamed the issue on a faulty Final Fantasy XIII game disc. Neither company allegedly offered to cover the cost of repairing PS3 consoles.
The class seeks more than $5 million in damages and other financial relief."
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Umm - sadly - quite a lot of original / phat (as well as new / slim ones though indeed) PS3s is dying regularly all the time and taking in consideration FFXIII is surely stretching the limits of PS3 hardware it's quite logical a few from the over all amount (100 from how many millions) will simply die under stress of the game.
Also - without proper evaluation of each of the damaged PS3s as well as the condition they were used into (were they for example properly ventilated or were they upgraded with 7.200 RPM hard drives etc. etc.) it's almost impossible to specifically point out the exact cause of the failure (as it's almost never only just one element).
So - while there could be a bit of "help" from FFXIII in killing those machines ("last straw" situation), proving so above any doubts would be practically impossible and my guess would be that the lawyer(s) in this case is/are playing on the fact that one or other company will offer / accept settlement out of court to avoid the "bad" publicity ...
1. How the hell will he prove that only that specific disk (FF13) caused this damages? Not Killzone, LittleBigPlanet, Uncharted or he damaged it as well accidentaly or on purpose, but the damage was caused only by FF13? He need to call some few-hundred dollars expert group to make conclusion.
2. And yeah, how can the sum brought to the court (5 millions) exceed sum of damages (nearly 700$ at best, not to think that his console surely wasn't new, so it should be labeled as "used" this way, if gurantee perios is over he should get restorations as for the "used" console), is 4 999 300$ a sum of moral damages? LMAO
I find it odd that Sony and Square-Enix are fighting over what is most likely Square-Enix's fault in the first place. To me it seems neither of the companies want to refund the PS3's and pay the $5 Million in damages because of what had happened.