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Sony Files Motion to Dismiss PS3 Other OS Class Action Lawsuit

800°
178w 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...
 

Sony Lawsuit: PS3 Other OS Removal Due to Cost, Not Security

800°
179w ago - Although Sony previously admitted and then apologized for removing PS3 Other OS functionality due to security concerns, today IGN reports that according to the ongoing lawsuit Sony states the PlayStation 3 Other OS removal was due to cost not security.

To quote: An amended class action complaint filed against Sony Computer Entertainment America this month is claiming the company removed the 'Other OS' feature from the PlayStation 3 to save money and not for security reasons.

In April 2010, SCEA removed the Other OS feature due to "security concerns." The complaint says the statement is a "fabrication," saying SCEA gave those reasons as a pretext so it could argue the Warranty and Terms of Service allowed for the removal of the feature.

In reality, SCEI and SCEA removed this feature because it was expensive to maintain (as they previously admitted when the feature was removed from the "slim" models - but which they conveniently removed from SCEA's website); they were losing money on every PS3 unit sold (due to poor decisions in the planning and design...
 

Sony Responds to PS3 Other OS Lawsuit, Requests Dismissal

850°
206w 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...
 

Australian PS3 Gamer Loses OtherOS Lawsuit to Sony

550°
208w ago - While everyone awaits a verdict on the injunction in the recent PS JailBreak lawsuit hearing, another Australian PS3 gamer has lost his OtherOS lawsuit to Sony recently.

According to GamePron.com (linked above) Michael Trebilcock had asked for AU $800 in compensation (the cost to rent a laptop for each day he was unable to use Linux on his PS3, plus fees), with a claim that the updated console could no longer be used as a computer.

To quote: "Unfortunately for Trebilcock, the Magistrates court heard that the Australian Competition and Consumer Commission cleared Sony of any wrongdoing regarding the upgrade, and the claim was dismissed.

Mr. Trebilcock was not made to pay Sony's legal costs."
 
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