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Sony Responds to PS3 Other OS Lawsuit, Requests Dismissal


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218w 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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Anth's Avatar
#21 - Anth - 218w ago
Quote Originally Posted by d3adliner View Post
People are going to lose this one. You had to agree to the ToS when you first went online with your PS3, and if you didn't either someone else in your home did, or the original owner did. Agree to the ToS and you're SoL.

Not necessarily, a company cannot have illegal TOS, the law of the country takes precedent over any TOS you agree to.

And from what I can see what the class action is arguing you cannot advertise features to get a sale from someone and then just remove them without legitimate reason.

And I will add Sony made great emphasis to say the PS3 was a PC due to the linux addition as they wanted tax exemption (A PC has lower Tax applied to it than a games machine, so Sony themselves tried to argue and lost that the PS3 was a PC).

So now that they lost the above they just remove it and say shove you all those who bought it under the guise it was a media PC.

Mantagtj's Avatar
#20 - Mantagtj - 218w ago
INSTALL OTHEROS is on usenet at the moment so JB in your FACE $ony.

Jes03's Avatar
#19 - Jes03 - 218w ago
I dont understand why $ony even bother with OtherOS now. As the PS3 has now been made open via the jailbreak methods they ($ony) should just add OtherOS back into the next firmware. That would stop all the lawsuits and it'll confuse a lot of people. Do we stay on 3.41 and keep jailbreak or update for OtherOS?

I will stay with Jailbreak as $ony pi$$ me off and they deserve to loose my money. They wont be getting a cent until I can update and keep jailbreak.

When I can get in online and play my games from HDD is when I start paying for games again.

clouduzz's Avatar
#18 - clouduzz - 218w ago
yeah i was a sony fan until they got besides themselves, I don't understand how we can "choose" psn when if we don't upgrade we can't play any new games. That's forcing you to update! I can't wait until I JB my phat greedy people, they will get a little more money out of me though, I'm gonig to get a slim and use that to jb and keep my phat with otheros.

To be honest I don't use it, but it's like advertising a car with a tv, then later on taking out the tv saying oh you don't really need it. I paid for it and it was included you can't just decide I don't want you to have it anymore. FU Sony.

B4rtj4h's Avatar
#17 - B4rtj4h - 218w ago
So... now Sony will continue destroying Phatys!

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