Sony Sued For Removal Of Linux Support From PS3


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i hope the lawsuit wins, a company shouldn't have that ability to remove features like that especially when someone is using the feature they removed.

I agree.

The get out clause I think they'll win it on though is they aren't actually forcefully removing any feature, you the user actually remove the feature by upgrading the firmware. To connect to PSN and use games it's a requirement to be using the latest firmware, but that's the same with Live as well.

We'll need to see if that holds up in court though if this even goes as far as court.

We are not talking about Live, and this has nothing to do with Live. Let's stay on topic.

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The get out clause I think they'll win it on though is they aren't actually forcefully removing any feature, you the user actually remove the feature by upgrading the firmware.

That's an odd way of looking at it. They ARE forcing you to choose which feature you want to lose though: PSN (which includes any content you might have purchased), or OtherOS. Either way you go, you are losing something that you paid for the right to use.

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That's an odd way of looking at it. They ARE forcing you to choose which feature you want to lose though: PSN (which includes any content you might have purchased), or OtherOS.

Forcing you to choose yes, but on that notion nothing get's removed from your console as the T&C state to use PSN and it's features you need to be running on the current FW. PSN isn't removed from your console it just can't be accessed till you update.

I know it's an odd way of looking at it, but quite frankly I think it's what Sony will win on. They'll say Linux and the publicly released exploit by Geohot is a security risk to PSN, and if users want to keep OtherOS they aren't allowed on PSN due to that risk. Hence the FW that allows you on PSN not having Linux support. However that FW is a choice from the user to install, Sony don't force it.

Therefore they're protecting the integrity of their service, and when it comes down to a service, the T&C you agree to really do matter. Hence why you don't see lawsuits about banned consoles through Live for pirating.

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I agree.

We are not talking about Live, and this has nothing to do with Live. Let's stay on topic.

its the same idea Microsoft removed a feature no i am not a xbox fan boy , i have a ps3

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Therefore they're protecting the integrity of their service, and when it comes down to a service, the T&C you agree to really do matter. Hence why you don't see lawsuits about banned consoles through Live for pirating.

their not above the law. EULA are not above the law, T&C are not above the law. how you are defending a company that takes away features on a whim and is now showing that they can do it whenever they please is beyond me.

If people were actually pirating games and where banning/not allowing access to PSN based on that (like MS does) then no one could have a real beef with it. Cause last time i checked, no one has pirated on PS3 yet...

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their not above the law. EULA are not above the law, T&C are not above the law. how you are defending a company that takes away features on a whim and is now showing that they can do it whenever they please is beyond me.

If people were actually pirating games and where banning/not allowing access to PSN based on that (like MS does) then no one could have a real beef with it. Cause last time i checked, no one has pirated on PS3 yet...

Would you all stop getting your pants in a twist about defending this and that, I've heard you all hound me a million times that you think it's outrageous etc etc. All the above is is my opinion on what will make this court case fail.

If I'm wrong, I'm wrong, but I do not think Sony will lose this one for the reasons I posted above.

Now quit the crying about defending a company/hating a company/blah blah blah and just discuss the court case.

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  • 2 weeks later...

Sony Sued AGAIN for Removal of PS3 Linux Feature

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Two more class action lawsuits have been filed against Sony Computer Entertainment America for removing the 'Other OS' feature from the PlayStation 3.

The first lawsuit, filed on Wednesday, May 5 by Todd Densmore of Cumming, Ga., and Antal Herz of San Francisco, Calif., claim Sony has rendered several PlayStation 3 features they paid for "inoperable" as a result of the release of firmware 3.21. The update, released on April 1, 2010, disabled the ability to install the Linux operating system. By choosing not to update their console, users couldn't access separate, non-related features, such as signing onto PlayStation Network.

The suit states Sony allegedly failed to disclose to customers that it reserved the right to remove advertised, built-in features. The suit also states the right to remove the 'Other OS' feature is not disclosed in Sony's Terms of Service or System Software License Agreement.

Densmore and Herz are seeking damages and other relief the Court deems just. The class includes anyone who purchased a PlayStation 3 from November 17, 2006 to March 27, 2010 and folks who continue to own their console as of March 27, 2010.

A complete copy of the lawsuit in PDF form can be viewed here.

The second class action suit, filed on April 30 by five individuals across the United States, claims, among other things, that the plaintiffs "lost money by purchasing a PS3 without receiving the benefit of their bargain because the product is not what it was claimed to be - a game console that would provide both the Other OS feature and gaming functions."

The group is seeking compensatory damages, restitution, and injunction relief.

A complete copy of the lawsuit in PDF form can be viewed here.

The total number of lawsuits filed against Sony in the last two weeks for removing the feature is now at three. On April 28, a similar lawsuit was filed by Anthony Ventura of California. That case is still ongoing.

Sony representatives told IGN the company does not comment on pending litigation.

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Keep the lawsuits coming, sony needs to realize they fed up this generation and are continuing to do so. Would like to see all these lawsuits won.

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Keep the lawsuits coming, sony needs to realize they fed up this generation and are continuing to do so. Would like to see all these lawsuits won.

Yup, the more the merrier, although lawsuits can take ages to come to outcomes :(

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Sad but true. Hopefully they learn. Or i give up on them forever.

Sad really because my first Launch console / loved console was the PS2.

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On the one hand, I could see wanting to sue Sony for the Other OS removal. If I were using it AND legitimately playing games, then I'd be ****ed. It's really just a dick move by Sony.

On the other hand, the EULA or whatever apparently states...

EULAs don't mean jack.

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  • 2 weeks later...

4th lawsuit now in...

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Class action lawsuits continue to pile up against Sony.

The company has been hit with a fourth lawsuit for removing the "Other OS" feature from the PlayStation 3. Keith Wright of San Diego, Calif. filed the suit on May 6, 2010 claiming he utilized the feature on his PS3 console to install the Linux operating system.

Sony removed the feature on April 1, 2010 via an optional firmware update, though users who chose not to install the update were locked out of basic system functions, such as signing into PlayStation Network. The suit alleges Sony "unlawfully forced" PS3 owners to choose between features that were initially advertised.

The suit seeks restitution, including a sum equal to the cost of the PS3 console, injunction relief, and other damages. The class includes anyone who purchased any non-Slim model of the PlayStation 3 between November 17, 2006 through March 27, 2010 and who did not sell their console before March 27, 2010.

A complete copy of the suit in PDF form can be viewed here.

Sony was hit with three other lawsuits for the same reason over the past two months. On April 27, Anthony Ventura of Californiafiled a class action lawsuit for removing the feature. Additionally, separate owners with similar complaints filed lawsuits on April 30 and May 5.

Sony has yet to issue a statement on these lawsuits.

Dang....I wonder how many more are coming?

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Wish they had a lawsuit in good ol blighty that we could also join:) I used my Linux install every day until I was forced to remove it in a firmware update, and yes, I know I had a choice, but I have paid hundreds of pounds to be able to play games online which I couldn't do if I kept my OtherOS enabled firmware.

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