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Sony Responds to PS3 Other OS Lawsuit, Requests Dismissal

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222w ago - Update: According to [Register or Login to view links], a federal judge has dismissed all but one of the claims leveled against Sony for dropping Linux support from its PlayStation 3 game console, but gave the plaintiffs permission to refile an amended complaint that fixes the deficiencies.

Previously we reported on a slew of class action lawsuits against Sony due to the PS3 OtherOS removal, and despite a recent Sony victory IGN (linked above) now reports that Sony's attorneys have filed a motion for the court to strike the class allegations and dismiss the case.

To quote: "Sony contends the plaintiffs' claims that the company advertised the Other OS feature the later removed it - depriving PS3 users of software features - is contradicted by the explicit terms stated in SCEA's written express warranty, the System Software License Agreement and the PSN Terms of Service.

"These contracts specifically provide PS3 purchasers with a license, not an ownership interest, in the software and in the use of the PSN, and provide that SCEA has the right to disable or alter software features or terminate or limit access to the PSN, including by issuing firmware updates," the motion reads.

"Plaintiffs therefore cannot succeed in any of their claims because SCEA's alleged alteration/disablement of PS3 features including the Other OS, was entirely proper and authorized."

Sony's motion also said the complaint fails to provide any mass media advertising campaign, statements by SCEA, or PS3 packaging that referenced the 'Other OS' feature.

"Instead, it includes a mix of quotes drawn from obscure articles and unrelated third party publications, and a smattering of out of context and incomplete references to a few pages of SCEA's website and user manual," Sony said.

Sony went on to list several reasons why the court should strike the class allegations from the complaint and pointed to the fact all plaintiffs did not use the Other OS feature in the same manner, if at all.

"One plaintiff never installed Linux during the more than two years he owned his PS3; two plaintiffs used the Other OS feature only to do things equally available through the PS3 native operating system; one plaintiff supposedly also played Linux-specific games; and the last plaintiff used Linux extensively, including for electronic mail, word processing, spreadsheet software, and other 'productivity applications.'"

Sony later referenced various message board postings from PS3 owners admitting they had "no idea that the PS3 even had an Other OS function or Linux functionality."

The company also cited numerous postings from owners who stated they "did not purchase the PS3 because of the Other OS feature and did not use it" and others saying they downloaded the update because "they did not care about the Other OS feature."

Both parties will be heard before a judge on November 4, 2010. The plaintiffs, meanwhile, have requested that Sony turn over internal documents regarding the decision to remove the 'Other OS' feature.

"We are in the process of reviewing Sony's Motions to Dismiss and to Strike," a representative from the interim co-lead counsel for the plaintiffs told IGN. "These types of motions are fairly common at this stage of the litigation and we believe we have strong arguments for why they should be denied."

"We plan on vigorously opposing these motions and we hope to have them decided in November. In the meantime, we have requested that Sony turn over its internal documents about why the 'Other OS' feature was removed and we look forward to reviewing those materials."

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Comments 36 Comments - Go to Forum Thread »

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#31 - robbomb - 220w ago
robbomb's Avatar
It'd be nice if sony would allow this feature but, it's more fun to circumvent it, anyways

#30 - SuperDre - 222w ago
SuperDre's Avatar
Sorry, but pirateparty is also BS, and most of them only care about their own hide.. How about the rights of content creators? Content is a luxury-product and therefore not a necessity, if you don't want to pay for it, just leave it.. It's not your right to rip my movie which I worked hard on because you think it's too expensive.. then just wait for it to air on the telly or if it's a lower price..

And you're also full of BS when it comes to the judges, if they are tech-illiterate and the lawyers of a company can make them believe anything then it also says something more about the lawyers of the other side (in that they did not debunk the according to you false claims which the company makes)..

But if the article is correct, Sony is telling a lot of BS which should be easy to debunk.. Also it will be hard for sony to claim the piracy reason for removing OtherOS, as they already removed it on the slim waaaay before there was even a hole found. They just wanted to get rid of OtherOS because it was already getting better at doing emulation etc, which ofcourse would hinder the sale of 'remakes' of certain publishers (which propably complained to sony about it)..

#29 - PSPSwampy - 222w ago
PSPSwampy's Avatar
First off - PSML re the slightly off-topic, yet hilarious "Google is Skynet" and "Think back to 1984, a bodybuilder turned robot." comments! (+Rep from me!) Back to the reason i'm posting...

It is now, and has been for some time, my firm belief that I would win should I take Sony to court for se.ual harrassment - Even my wife hasn't screwed me as much as sony have!

Yep that was all!

#28 - iavais - 222w ago
iavais's Avatar
It just aches to know that Sony are lost.They are not focused.I hate to say it but M$ are (although i am not at all happy with them) and maybe this is one of the reasons why Sony is still the one with the least console sales. If the other OS and piracy was really that detrimental to the revenue of such a company then why is it that M$ and Nintendo are making loads of money.Even the people who pirate it is such a small percentage.

Besides pirates wont buy the games anyhow so in reality there is no lost sale and on top of it at least people who would pirate or pirate still buy the console instead Sony has even blocked this passage.Honestly speaking i think Sony is losing its die hard customers with such shenanigans.

The only way to hit Sony is stop buying their products although easy said than done.I feel betrayed by Sony and to top it off to act or defend themselves as if we ( the customer ) has no value just goes to show how desperate they are or could be that their legal advisers are really bad.I liked the PS3 more than the X360 (and to think i was a xbox fan ) but now they both are equally hated by me.Sony a bit more since i always thought they understood their customers well.

I pray that Sony loses out eventually and their next console is something through which they can redeem themselves.

#27 - laggmaster - 222w ago
laggmaster's Avatar
well the real question in the US atleast is if they gave us OEM software(the firmware) then they still technically own all the licenses and you just have permissions to use there software... US courts decided that one a while ago making all the software you bought not officially yours.... tech industry had some major blows set to it recently i wouldnt be surprised if they won this one in the courts,

but sonys claims are bull anyways because it was imported to some country's as a computer to avoid import taxes on a luxury vidogame device... and i happen to remember a certain sony executive saying that they would never remove otheros

... and always remember guys dont worship false gods


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