A class-action lawsuit has been filed against Sony for removing the "install other OS" option from the PlayStation 3. Back in March, Sony removed the ability to install another operating system on the PS3, and now, Anthony Ventura of California has filed a suit claiming that Sony intentionally disabled a "valuable functionality originally advertised as available."
The suit claims that Sony has breached its contract with users by removing the feature, and also accuses the company of deceptive business practices. The suit seeks compensatory damages as well as injunction relief. No specific sum was listed, however the suit says "the amount in controversy is in excess of $5 million."
The suit points out that PS3 users have:
"no ability to negotiate the System Software License Agreement's terms which was only provided to them after they purchased their PS3s, including the terms allowing Sony to remove functions at will, allowing it unilaterally change the System Software License Agreement at will and forcing consumers to either accept any changes in the System Software License Agreement or cease their use of their PS3."
Sony has always maintained it removed the "install other OS" feature from the PlayStation 3 for security reasons, basically to protect PS3 users from hackers, but Ventura's class-action suit claims the company was more concerned with software piracy than user-privacy. From the court filing:
"On information and belief, contrary to Sony's statement, the 'security concerns' did not involve a threat to PS3 users, but rather reflected Sony's concerns that the Other OS feature might be used by 'hackers' to copy and/or steal gaming and other content."
What do you think? Do you care about the Other OS function the PlayStation 3 used to have?
Source: IGN
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Evildude666
OMFG!
Only in California, this guy is a Looney and ain't got no case, Sony is not loosing sleep over this pointless law suit, that scorned geek sure is.
He's better off dropping the damn law suit and getting a PC instead before Sony counter suits for "defamation"
WheresFluffy
I think this guy should lose.. You Americans sue for anything; Starbucks lost millions because a cup said: Caution! Hot!. And the guy ordered a cold drink. You guys do NOT have to update and if you would read the update notices you would know what changes thus not losing "install other OS". Even with the guy's logic i can sue every brand for advertising something and then not having it on the real product. This jack@$$ is just looking for some quick cash because he is too stupid to get a job or go to college.
x51
Many of you miss the point.
As mentioned above by others.. Could Sony pull blue ray support? PS2 game support? MP3 support? NO.. this would be wrong.. and no different.
It is a fact that sony pulled this NOT to protect people.. there is no exploit or virus or anything that the average user can get by simply having this feature. All the update does is prevent you from being able to MOD the device in the future because someone found a way to possibly make a custom molded firmware and you need Other OS to implement it. Sony figures 90% of users will update when asked, and therefore head off their ability to mod their system. I understand why they did it, but lets not pretend it's to protect YOU.
What if apple removed the ability to run apps or listen to mp3s or take pictures from their IPhone after people dropped $250 - $500 on it??
I do use linux, I paid $600 for these features and would have bought an x-box if it were not for Other OS. NOW they have added a few features since I bought it, and if they removed those... I couldn t complain.. they were not there when I bought the thing, and had no influence on my decision.
Maybe Microsoft should issue a windows update that removes the ability to use iTunes, or anything from Google.. Don t worry.. It's completely optional to install.. but you can t get on the internet anymore if you don t install it... Apparently some people on this thread wouldn't have a problem with that.
Even then, Windows was not specifically advertised as being able to run iTunes or Google products. They were not included Features .. Yet, It's still not right.
bdemell
For all those that think Sony should pay for this ask yourself, "who is getting this 5 million dollars?" If you think it's you, your wrong. If you think its some greedy lawfirm looking to cash in on a miniscule percentage of the American population that actually gave a hoot about this update than your correct. That's also 5 million big ones that Sony doesn't have anymore to pump into that shiny new PS4 that you want in a few years or the next Best Game of the Year nominee for you to waste hours of your life and health on. This lawsuit is about the greed of people taking advantage of other people and has nothing to do with the actions Sony took.
Jihad_Joe
Anthony Ventura of California... really?!
really?!
life is subject to change buddy.
The_US_Assassin
ITS ALL BS!! SONY takes away features well Mircosoft adds features.
CamaroAdam
Sounds like someone shouldnt have downloaded an update. Isn't there a screen right before you download that tells you what the new firmware does to the system? Why did they download it if they wanted to use the feature?
usetheforce666
It only does everything except linux and backwards compatibility lol
It seems like a trend that Sony and Microsoft are doing.
sony no linux ( if im correct ) and backwards compatibility
and Microsoft shutting down the original xbox servers( if that's what you call them)
And them not making more original xbox games playable on the Xbox360.
Let's face it company like them no longer give a flying you know what
mysterj
You can fricking return the PS3 if you don't agree to the software agreement, so this is pretty lame.
Sony also does not unilaterally change their software agreement at will, you have to be online and download the firmware. Even if this counts as changing agreement at will, this is covered from the aforementioned agreement anyways.
JohnnyBuku
$ony is very much in the wrong here. Easy solution though - Voluntarily offer a buy-back for the very small percentage of people who give a crap about this feature. Only the die-hards who truly cared would turn their PS3's back in.
Partial refunds across the board (no matter how small) would be unjust since the vast majority of us PS3 owners don't even know that feature was available in the first place.
pwnappetit
If people truly want Other OS that bad, people have found a way to update their firmware and keep other os option. :/
Personally, I haven't used the feature and probably never will. I'm too distracted by my games to care about it.
Wozman23
I don't care about the Other OS feature, but I really wish a lawsuit like this could change what companies are and aren't allowed to do with firmware updates and agreements. Terms of Service and License agreements have gotten ridiculous in the age of electronics. If Sony wanted to they could brick our consoles and would still fall within the scope of their agreement. That's an extreme case, but it shows you how much power they've given themselves within that agreement.
When I bought my PS3, I was informed that PSN was a free service, I could play PS2 and PS1 games, and I could play Blu-rays. I expect that for the life of the console. If any of that changes, it is no longer the product I was willing to purchase.
As the lawsuit points out, I am basically forced to accept the agreement to use my console in the way it was intended to be used, even if I don't agree with everything in it. Yes, PSN is a service Sony provides, but in my eyes its no different than a hardware feature. Maybe that's a small sense of entitlement in me, but I spent 600 of my hard earned dollars on my PS3. And I sure don't want to feel like I'm just leasing the thing.
Of course this is all not an issue, since I seriously doubt they would ever remove a feature I care about, but they do have the power to if they really wanted to. I doubt the lawsuit will make it anywhere, but I hope it would. When an agreement lets a company downgrade their product after the point of sale, or lets them modify the actually agreement as they see fit, that doesn't seem fair to the consumer.
PersonaShin
I never used the other OS feature--heck, I didn't know it was there. I just got my PS3 a few months ago and still discovering random stuff that can be done on it. So really, whether it does or doesn't have another OS feature doesn't really affect me. But I can see why people would be upset.
ilovemyjeep
Sounds like that "small percentage" of Linux users are pretty ticked! lol
Oh well, doesn't bother me any. Now if Sony stopped my from looking at free porn on my PS3, THEN I might be a little upset. ;)
heavenscloud001
This guy apparently doesn't think that Sony can change their terms of service.......
Tman88
"Sony removed the ability to install another operating system on the PS3, and now, Anthony Ventura of California has filed a suit claiming that Sony intentionally disabled a "valuable functionality originally advertised as available."
For one thing I doubt that many people use Linux on the PS3. Second, Sony has the right to do with the PS3 what they want since they make the system. Third, is with the "valuable functionality originally advertised as available" statement. See the thing is that Linux used to be available for the system but now Sony removed it (they have the right to do that as I've said before). The main thing is is when it was advertised, Linux was still a usable functionality but it's not being advertised now and it's been removed form the PS3 so there's no problem. As for the people saying "I support this lawsuit" and stuff like that, well people are entitled to an opinion but it'd have more merit if it was an educated opinion. You see, suing Sony for removing the other OS, is like suing Microsoft for removing XBL 1.0 support. Both companies have the right to change their products as they see fit and people are just going to have to get over it. Besides I'm pretty sure that the Linux fans can still use the service on their PCs.
Calaban007
Jester8652 "Its their system and their rules"
Last I checked I payed 600 dollars plus tax for a system will do these things. Play PS3, PS2, and PS1 games, Play BluRays, Play DVD's, Play video and music, capable of installing Linux on.
So now after I bought a 600 dollar console they decided that they don't want me to be able to use features that were available when I bought it. What if they decided to pull BluRay movie support. There'd be no difference. A feature that was present when you bought it is disabled. What if you bought a car and after you had it 2 or 3 years the factory said they had a recall. When you got there they programmed the computer in your car not to let you rev over 3500 rpms and locked the max speed at 80 mph and sent you on your way. Many people would not notice because they do not need to rev it up that high or go that fast. But maybe it was a sports car and some people took it to the drag strip or road coarse. The few people who did this would be very upset that their sports car no longer does what they want it to do even thought the majority of the owners will never see or notice this limitation. There is no difference. If it was capable when you payed for it it be capable forever. Now if you bought the PS3 fat that didn't have PS2 compatability then you knew it wouldn't do that when you bought it. Just like the Slims, I guess, don't have the other OS feature available to begin with. Sony loves to poop on it's customers.
SizzlewickMagicfart
this is just stupid, if you want another OS use your damn computer, theres no need to ruin any company's day by doing something dumb like this!
Blue22
Did I used Other OS? No, Would I use Other OS? Maybe
Even though Other OS was useless to me, It was a nice feature to have. Sony to remove this feature waken us users of PS3 (and/or PSP) that they can delete any thing. Other OS now gone, what's next? PS2 playability, MP3 playback or User functionality. I can see why Sony did this, but wish they replace with another fracture people would like (example: taking away a ball from a child and give them Lego blocks). I not as big of lawsuits but hopefully Sony can hear our side as a consumer.
Bartimus_Maximus
Yeah those Terms of Service we all skip by when updating... yeah they might want to read that.
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