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Sony Files Motion to Dismiss PS3 Other OS Class Action Lawsuit


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180w 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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GrandpaHomer's Avatar
#21 - GrandpaHomer - 180w ago
Who's to say Sony can't manipulate the data on their drives afterwards to make it look like they were trying to do something illegal?

Afterall, Sony is the only one with full access to everything that could be on there...

They can indeed but they'll be digging their own grave and nobody sane would give them their own hard drive in a first place and if yes then not without making a "forensic" (exact) copy / image of it's content first. This would then backfire bact at Sony if they will be proved tampering with the evidence.

Pretikewl's Avatar
#20 - Pretikewl - 180w ago
After reading this, it seems Sony will use the "you might be a hacker" defense towards anything that people may try to sue them for. They want them to hand over their hdd's. Who's to say Sony can't manipulate the data on their drives afterwards to make it look like they were trying to do something illegal?

Afterall, Sony is the only one with full access to everything that could be on there...

B4rtj4h's Avatar
#19 - B4rtj4h - 180w ago
Haha... funny to see that the truth (Sony does not want to pay for Linux anymore) is still not clear to a lot of people. And if you take the numbers from people that are using OtherOS. Guess how much that is ... 1,3 % of ALL ps3 users!

Thats like nothing. And yes. There will also be security measurements with Linux. Because linux is a open book to the most of us here... We can exploid all we want with it. Problem is that IF you support a machine that in a way can support Piracy your dead meat! So yeah... it sucks that it's gone... but it's not that strange.

naivri's Avatar
#18 - naivri - 181w ago
wouldn't have cost them a cent to leave it as it was and just not support anymore.

would cost them money to develop the firmware to remove it, I smell crap.

skrapps's Avatar
#17 - skrapps - 181w ago
the big picture now is.. how sony LIED, said it was a SECURITY ISSUE and forced people into an updated USER AGREEMENT with that LIE.

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