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Sony Responds to PS3 Other OS Lawsuit, Requests Dismissal


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200w 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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Bishoff's Avatar
#16 - Bishoff - 200w ago
lol sony will win. it's their ps3 - they can do whatever they want with it.
If it's their PS3, then why do we give them money? We apparently have no rights after giving them hundreds of dollars in exchange for hardware that we supposedly own but they say we don't and they can change at anytime.

This case falls under consumer rights, or lack of. The way it should work if we buy the console with whatever features it has at the time of purchase, they should not be allowed to take them away. That is stealing. Buying a console with that feature removed is fine, since you know at the time of purchase it lacks that feature.

iavais's Avatar
#15 - iavais - 200w ago
it is stuff like this that make me hate sony.And now i will surely jailbreak my PS3 without any remorse.

iLLNESS's Avatar
#14 - iLLNESS - 200w ago
their case isn't all that strong. the fact that they use random quotes from random users about how they 'dont even use otheros' doesnt mean jack shit. any judge will see that just cuz some people dont want it doesnt mean others dont.

and sony saying they never actually advertised otheros? there are loads of people who took screenshots of sony advertising it as a feature right on their homepage because they knew sony would pull something like this.

all the stuff they are using as a defense shows they are in the wrong and they know it. the plaintiffs can likely use all this as a defense of their own now.

Neikos's Avatar
#13 - Neikos - 200w ago
Stupid SONY, They make us buy a console cuz it has Other OS they make their advertising about how great it is... and Then they just bone us in the back... Well SONY our Homebrew will make your PS3 the best selling console again but you will have no profit from me, soon as i will keep downloading from my friends and i will do everything that i want to my PS3 cuz i paid for it i spend 600$ on my first PS3 that was the same that i paid for my GeForce 8800GTX that is working right now rather than broken as my old PS3 60GB from November 2006.

There should be a fkng law to punish them for doing something like that, cuz they keep changing their fkng contract every time they want, how can i get my money back from something that i bought almost 4 years ago? there is no way i can, so how in the hell i can not agree on their new terms of use if theres not letting me to choose, they are forcing me and thats not legal and here comes the bull crap about PSN... Dude PSN is a SONY corp. They did all their advertising about PS3 with PSN as one package! They don't come in separate.

No one is protecting the customer from this so i shall kick SONY's rear by installing some little and cute homebrew into my ps3 and keep SONY away from my money.

FU SONY!

BwE's Avatar
#12 - BwE - 200w ago
lol sony will win. it's their ps3 - they can do whatever they want with it.

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