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Sony Files Motion to Dismiss PS3 Other OS Class Action Lawsuit

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195w ago - Update: [Register or Login to view links] now reports that a federal judge has dismissed (PDF) the remaining claim by class who said Sony reneged on its promise to let PlayStation 3 video game consoles function as computers.

Similar to their previous request, Sony has now filed a motion to dismiss the PS3 Other OS Class Action Lawsuit.

To quote from Groklaw (linked above): There's news from the class action litigation, In re Sony PS3 'Other OS' Litigation, where the plaintiffs are suing Sony Computer Entertainment America for removing OtherOS from PlayStation 3s.

SCEA has filed another motion to dismiss the class action case, once again saying that the plaintiffs' newly filed First Amended Complaint is insufficient to state a claim. The original complaint's claims, except for one, were dismissed, with the judge giving the plaintiffs a chance to refile. Now that they have, SCEA says this refiled complaint should be tossed out also. There will be a hearing on all this on May 12th.

And the class action plaintiffs are asking the judge to help them get discovery that SCEA is, they claim, reluctant to provide. Role reversal. In the SCEA v. Hotz litigation, SCEA is all about discovery, all they can get. Here, it's the opposite.

There is a transcript from a February 9th hearing in the Sony class action attached as an exhibit to the plaintiffs' letter to the judge in the case, and I think you'll be amazed. Would you like to know what SCEA's lawyers think of customers who use Linux? We get to find out, because the hearing begins with SCEA asking the judge for access to the plaintiffs' hard drives.

Why would you want that, the judge asks? These are not defendants accused of anything, remember. Sony is the one in the hot seat, but here is the incredible answer: because, says their attorney, these plaintiffs say they used Linux, so SCEA suspects they were part of a hacking conspiracy, and they'd like to check. There's more, and I'll tell you all about it.

And SCEA claims in the transcript that it wasn't the entity that decided to drop OtherOS. It says in this courtroom that Sony Computer Entertainment Inc. is responsible for that decision. In Hotz, SCEA says it is responsible for pretty much everything to do with PS3s in the US, or at least I got that impression.

SCEA also tells the judge at the hearing that there's been a change in the corporate setup. SCEI isn't the parent of SCEA any more. So I did a little research on that. Who are they then? And how how were they related? I have found some press releases that clarify very nicely.

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Comments 31 Comments - Go to Forum Thread »

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#26 - barrybarryk - 159w ago
barrybarryk's Avatar
My biggest problem is the judge seems happy to go along with Sony that they have the right to force users to choose one function over another even though no indication was given before purchase that it would be the case just because there's no precedent for it.

#25 - CJPC - 159w ago
CJPC's Avatar
That was an interesting read - what gets me, is the lawyer for Sony said:

"Roughly 40 percent of the PS3 purchasers never went onto the PSN; never got that direct dealing."

I find that very, very hard to believe- if there were 75 Million users on PSN, and there are 55 million consoles out there - that means 33 million consoles are on PSN, 23 million consoles not on PSN. I find that very, very hard to believe.

Furthermore, the point was brought up by the Sony lawyer that those 23 million consoles not on PSN never got the update, and they didn't agree to PSN terms etc. Nowhere in there did the other lawyer dispute his claims, as you can download and update via a PUP, never going online!

Just a few notes, is all.

#24 - PS3 News - 159w ago
PS3 News's Avatar
For those still following, Groklaw has posted an update regarding the Sony PS3 Class Action Lawsuit on their page here: [Register or Login to view links]

It's a lot to sift through so I won't post it all here, but attached below is the transcript (PDF file) of the oral argument from the July hearing they made available since the court lifted the sealing on it.

#23 - rianchio23 - 194w ago
rianchio23's Avatar
Quote Originally Posted by RevCube View Post
death of an awesome system stupid people wont just leave things alone. its a videogame system, who cares about otherOS, intsall linux on your damn PC's why the hell would i want to install it on my ps3? all that has come from jailbreaking ps3 is piracy and emulators and howmany times do we need to install emulators on systems just to see if it works?

does anyone actually play all the way through those old ass games anymore? i mean who wants to play the original crappy choplifter? did you guyssee choplifter HD? come on lets get on psn and have some fun.

Actually lots of people want to run linux on their ps3. Even the military uses ps3s with linux. obviously you dont care about linux probably but just because you don't doesnt mean others. do. if you want to go online so bad, then do it.. stop complaining on a forum for ps3 hacking. why don't you just leave the scene and spend your time playing ps3 games online instead of whining and complaining about hacking on a hacking forum.

Quote Originally Posted by GrandpaHomer View Post
Mainly because:

1. They've PAID for it so they want to do whatever they want with it.
2. It's most affordable IBM cell machine videlly available - you clearly have NO IDEA what are you blabling about. You can't compare power of PS3 / CELL with 99.99% of PCs around.

Amen! I'm so tired of people against hacking the ps3 coming onto forums for people that are interested and flaming them and linux... I mean really... coming into a forum for hacking then preaching how your against it and don't understand the benefit of linux.

Actually its not just a video game system RevCube. both microsoft and sony both marketed their "systems" to be multi media devices hence video and music oh and picture support oh and whats that? linux? sony actually had videos up showing how other os worked and how you could use ur ps3 as a cheap home computer seeing as they showed it running aol instant messenger. Anyone in here will tell you that you are just as stupid as sony for making false claims

#22 - Pretikewl - 194w ago
Pretikewl's Avatar
I'm not even saying that they'd have to put something on the drive that wasn't there. They could just as easily view your web history, find a questionable site, then claim that you were looking up hacking information to alter the system.

With Sony, it all seems to be about "intent" of what you'll do, rather than what you've actually done. Guilty until proven innocent.


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