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Sony Files Motion to Dismiss PS3 Other OS Class Action Lawsuit


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193w 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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#16 - smarty94 - 195w ago
smarty94's Avatar
the only limitation was the paltry amount of RAM (even though it was the superfast XDR type), but when clustering it could be worked around. Heck even the USAF made a PS3 cluster; they were all the rage at academic institutions around the world.

I think this was less of a security issue than Sony looking for an excuse to discontinue it under pressure from IBM. I believe that it is probable that IBM refused to work with Sony on the PS4 unless Sony stopped cannibalizing their cell blade server business.

#15 - shummyr - 195w ago
shummyr's Avatar
It is also extremely effective and cheap when used in a cluster situation.

#14 - corig1 - 195w ago
corig1's Avatar
No it is not just a video game system. Why not do some research? Ever hear of Ken Kutaragi? Google is your friend for the uninformed.

#13 - jarvis - 195w ago
jarvis's Avatar
Typically the only ones who benefit from a class action lawsuit are the lawyers. Any "big" payout is going to mean pennies for the customers. What I would like to see come out of this is a precedence set so that no companies in the future try to pull something like this again (taking away paid for advertised features).

Sony should give out a voucher for one physical game or a few PSN downloads for those where they took the functionality away.

The idea of putting OtherOS back is laughable. It doesn't matter if they do or not, eventually we'll have it back and a better version of it anyways.

#12 - GrandpaHomer - 195w ago
GrandpaHomer's Avatar
Quote Originally Posted by RevCube View Post
who cares about otherOS, intsall linux on your damn PC's why the hell would i want to install it on my ps3?

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.

 

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