Sony Sued for PS3 Linux Block

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A lawsuit has been filed against Sony for its removal of the “Other OS” feature in a recent PS3 firmware patch.

The class action lawsuit, of course filed by an American, alleges Sony advertised the Other OS capability as “an important PS3 feature,” and quotes Sony marketing hype as evidence of this.

The plaintiff claims he bought his PS3 in 2007 largely as a result of this Other OS functionality, and that the recent 3.21 firmware disables this functionality, constituting “breach of contract,” “breach of the covenant of good faith and fair dealing,” “unjust enrichment,” and violations of California consumer protection laws.

The scope of the suit is broad – all US PS3 owners who bought their units between 2006 and 2010 and did not resell their consoles – and damages sought are predictably huge: all “unjustly retained” profits and a full or partial refund for all buyers affected.

The only indication so far of how much is sought is the “in excess of $5,000,000” stated in court documents.

The lawsuit probably hinges on whether courts accept that Sony’s firmware update is a voluntary process with no impact on previously released consoles (and one which is covered by the EULA users must agree to), as Sony is likely to insist, or whether Sony has indeed established “a vast and sticky web of restrictions” which “downgrade” users sticking with older firmware, as the lawsuit claims.

The consequences of the suit could be significant (not least for Sony’s already weak financial position) – on the one hand consumers are rightly dubious of companies unilaterally withdrawing advertised functionality after product release, and on the other hand manufacturers providing online services on computer-like devices are likely to consider rules preventing them from removing functionality a potentially huge liability.


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    Avatar of Barbarian of Gor
    Comment by Barbarian of Gor
    06:07 01/05/2010 # ! Neutral (+0.2)

    I hope this lawsuit does tremendous damage and even potentially crashes that company. I'd be screaming mad over this Linux thing, but I'm now planning to make a "Plug Computer Cluster" for 3D rendering, so moot point. Let me note, those are Linux and totally "Open" and willing/begging for programmers to put whatever they can shove through them and gadgeteers to connect to bots and stuff.

    Any device a person owns should be theirs to modify as they see fit. Any exceptionally good modifications should be either shared with other users or perhaps even to the original company that might incorporate the modification as a policy.

    All this "Lockdown" fascism doesn't stop any hacker or any "Reverse engineering corporate spy" by even a day. But at the same time it is pointless and frustrating to many people and a punch in the gut to many "Independent innovators" who want to learn, modify and have fun.

    I think the real motive behind things like this is and entrenched corporation mentality that fears a new economy that totally ignores their old models of distribution and sale. Not copyright theft, but "Independents" who get super popular and perhaps quite wealthy with no "Record Deal" etc. They want to lock down computers or turn them into "Internet terminals but only through OUR service!" and eventually ban art, music perhaps even writing from being accessible to any individual not working for them. In short, turn it into TV with more dumb programming and even more commercials.

    I think there should be both "Freedom" and "Competition".

    Let's say people want porn on their iPads... Frankly that console should be forced unlocked so they can use Flash, porn, 3rd party, etc. Apple should have the option to close it's doors and shut down, freeing up their customers for others willing to cater to them. If we force unlock it, they are still free to not make porn for iPads, but others will fill the void;-)

    What I'm clamoring for isn't some "Fairy World" of ideals. It's if anything to preserve the thing that made our PC's so powerful.

    If original PC's had been this locked down, we'd not likely have a "Home PC" since at the time (ironically Apple) made their own innovation most company heads only saw the "Industrial/Government/University" aspect. Likewise, if Apple and IBM had made it impossible for individuals/3rd party programmers to make anything without their express permission for their home systems, we'd probably be at 200mhz by now and playing a movie and a game like the original "Doom" would be "Around the corner for the $10,000 home elite systems".

    Comment by Anonymous
    08:45 01/05/2010 # ! Neutral (0)

    Isn't that what Sony did with the psp "cough" internet radio "cough" when adding new features? I mean home brew for the psp did stuff WWAAYYY before Sony made it an official feature.

    Comment by Anonymous
    20:27 01/05/2010 # ! Neutral (+0.2)

    (American writing here, IANAL)

    The U.S. legal system has been shifting towards a dollar-amount-damages mentality, away from a make-the-injured-party-whole mentality.

    I don't know if that due to lawyers wanting more money (percentages of damages awarded), or other forces (insert description of your favorite conspiricy here).

    I see two parts to this:
    (1) "Making the injured parties whole" would consist of Sony creating a yet-newer firmware update which added back in the "OtherOS" feature;

    (2) Punitive damages ("Bad corporation! BAD corporation! No biscuit for you!") to encourage the corporation to quit taking actions which violate the rights of the consumers.

    But that's "logic and fairness", and has little relationship with what goes on in, and comes out of, the legal system.

    Just because a EULA has a paragraph stating, "CUSTOMER agrees to give SONY his/her firstborn son, who will then be fed to the lions, and also agrees to be shot in the head by SONY agents, at SONY's sole discretion", does NOT make it legal.

    Comment by Anonymous
    22:45 01/05/2010 # ! Neutral (0)

    No, the U.S. legal system hasn't been shifting towards dollar amounts. The JUDGES have been shifting towards that, there is still the right of the judges to require that something be fixed/repaired/returned to it's previous condition if the manufacturer breaks something when it comes to computer equipment.

    That is the only place where that applies however: computer equipment and nothing else.

    Comment by Anonymous
    16:06 01/05/2010 # ! Neutral (+0.2)

    NOTE: On the US PS3 blog site it said that the firmware 3.3 update was mandatory, thereby forfeiting their claim that firmware updates are optional.

    The ppl behind the lawsuit might want to note that ;)

    Comment by Anonymous
    22:46 01/05/2010 # ! Neutral (0)

    Yeah, they should. That blows away one of Sony's arguments. Really, NONE of these updates should be mandatory in the slightest, and people with older versions of software should still be able to use the services that they paid for.

    Comment by Anonymous
    05:38 01/05/2010 # ! Neutral (+0.2)

    lol yeah, this news made my day/ weekend/ entire week.

    Make 'em Sony bastards pay for being such useless, consumer-swindling faggots.

    Comment by Anonymous
    08:41 01/05/2010 # ! Neutral (0)

    Just to let all the people that are complaining about the lawsuit know that the guy who started the lawsuit will only get a refund for lost functionality just like everyone else that has been effected by this. He doesn't get $5 million and only gets a small portion of that.

    This is the same as every other simular class action lawsuit that has succeeded.

    PS. Sony is guaranteed to lose since they did something that is clearly illegal with the removal of Other OS support and their EULA is unenforceable because of it. Also they just changed their EULA to give themselves the right to automatic updates without consent on your PS3 which is in violation of criminal law and makes their EULA unenforceable. People should get ready to report Sony to the police when they try to automatically update your system without your consent.

    Comment by Anonymous
    10:38 01/05/2010 # ! Neutral (0)

    I think the biggest damage caused by the loss of linux is the total lack of indie game development on the PS3. To my knowledge, the PS3 has nothing like the XNA creator's club to foster game development education/creativity. Sony forces aspiring young devs to actually purchase a full development kit, and while the price of dev kits has fallen quite a lot, it's still out of reach for most average people that want to mess with console development.

    Avatar of SpideyPHL
    Comment by SpideyPHL
    09:50 01/05/2010 # ! Neutral (0)

    Bitching about Americans aside (which is justifiable in a lot of cases), Sony DID take out a prominently advertised feature. As the lawsuit states, the update being mandatory essentially means you have to choose between features that Sony promised to you when you bought the PS3--either give up Linux or all online functionality and ability to play Blu-Rays. It is technically optional, but personally I'm hoping that if Sony doesn't settle the judge rules in favor and forces Sony to put the functionality back in instead of making them pay some stupid amount for every PS3 sold.

    Avatar of 711
    Comment by 711
    06:40 01/05/2010 # ! Neutral (0)

    I know a college in my country (Brazil) that bought 3 PS3's to attempt to make a Maya render farm.

    It DID work wonders (and fast as fuck) and since those ps3's where never used to play anyway the old firmware will stay forever (they are not even hooked to the internet ^^).

    With that said, I almost bought a ps3 myself PRECISELY because outside game and movies I would be able to take away my render loading from my crappy PC... if that was the case I would be suing Sony for their fucking underwear! People who say "suing is stupid" and etc clearly are not looking for at both sides of the coin, these guys DO have a fair argument on their hands, either they are only money whores or actually suffered from this stupid STUPID decision from Sony.

    Comment by Anonymous
    08:42 01/05/2010 # ! Neutral (0)

    I agree with what you say, and people who say it's stupid don't care about the Other OS feature or just like going "hur hur hur america is full of sue happy cunts".

    Avatar of cherrybox
    Comment by cherrybox
    17:07 02/05/2010 # ! Neutral (0)

    you guys are all fucking retarded, of course they're going to go for the money.
    why the fuck would anyone want a piece of shit OS on a bigger piece of shit console.

    I hope they destroy sony.

    Comment by Anonymous
    09:53 04/05/2010 # ! Neutral (0)

    So, for Academia, does this mean no more massive parallel processing using the cell procs and Linux?
    Too bad...I was saving up for my second one......

    Comment by Anonymous
    01:48 04/05/2010 # ! Neutral (0)

    it was removed because of geohots patch which re-routed the firmware check to a bogus site to allow people to play online without updating firmware

    sony has since patched the bypass leaving non-updated consoles stuck offline

    I hope the guy wins the lawsuit because there was absolutely no reason to disable the feature

    Comment by Anonymous
    01:57 01/05/2010 # ! Neutral (0)

    Sony deserves to be sued and will mostly likely lose unless it settles out of court. Its blatant false advertisement to kill a feature that it once used as a selling point. Further more a good company would work to patch its vulnerability rather than kill the total feature. Just look at all the vulnerabilities in Internet explorer, we don't see Microsoft killing its IE. They just constantly patch it. I'm sure some one will mention the eula that everyone must agree too before using there machine. This is the US, DVD eula says u cant copy a dvd but US law says u can make a back up copy for yourself. Bottom line is Eula inst a law, its just some BS the company comes up with to try and restrict a products use. It wont be any help in court.

    Avatar of thanto_
    Comment by thanto_
    02:49 01/05/2010 # ! Neutral (0)

    Just to add, contracts are binding if and only if their stipulations are legal - contracts due not supersede the law. For example, a contract cannot compel someone to kill or steal. In the same way, contracts cannot remove rights that are guaranteed by law. This is why in every EULA you see, there's a provision that invalidates provisions individually (rather than the whole EULA) where the law would invalidate the provision, especially with warranties.

    Comment by Anonymous
    01:30 01/05/2010 # ! Neutral (0)

    American's bitches about what other countries do and carrying so little about what their own country does.

    How about you bitch about HD-DVD faggot.

    Comment by Anonymous
    02:00 01/05/2010 # ! Neutral (0)

    Nobody suing Microsoft for dropping the original XBoxLive? I mean those Halo 2 players must also want their feature back right?

    There is a loophole somewhere in the American suing system.....

    Comment by Anonymous
    05:50 01/05/2010 # ! Neutral (0)

    Xboxlive is a service. Removing it is the equivalent of me going to a certain place to get my oil changed every year, then this year they tell me they won't do it any more. Its entirely their right to do that.

    Removing functionality that you already payed for on the PS3, on the other hand, is like if the mechanic came to your place, took his oil back, and kept the money you paid him to do the oil change in the first place.

    Comment by Dark Mage
    02:10 01/05/2010 # ! Neutral (0)

    They had a legal excuse in the original xbox is now considered obsolete.
    They did support it for four years since the last xbox was sold.

    Comment by Anonymous
    06:25 01/05/2010 # ! Neutral (0)

    Actually, XBox's are still being sold today. I don't mean 360's, I mean the original ones.

    Comment by Anonymous
    08:20 01/05/2010 # ! Neutral (0)

    But are new games being made for it?

    Comment by Anonymous
    13:07 01/05/2010 # ! Neutral (0)

    No, but they are still definitely played.

    Comment by Anonymous
    20:28 01/05/2010 # ! Neutral (0)

    why? you do know that the 360 has backwards compatibility.

    Comment by Anonymous
    02:52 01/05/2010 # ! Neutral (0)

    If they're done with it they should let someone else take over the original xbox live network.

    Comment by Dark Mage
    03:55 01/05/2010 # ! Neutral (0)

    That would be nice they could release some of the specs of the old XBL so people can make their own network servers that can emulate it.

    Not sure they'll do that because the xbox 360 version may use the same protocols.

    MS has been acting as the MPAA's butterdog when they are big enough they could have said no to their protected media path requirements.
    The MPAA would have had no other option but to eventually drop the requirement for it on blueray.

    Comment by Dark Mage
    02:04 01/05/2010 # ! Neutral (0)

    A required update that causes reduced functionality runs aground several US laws.

    What Sony did would be akin to having a car sent to the dealer for a routine checkup and after getting it back it would no longer go faster then 50mph and had a blackbox that reports everything you do to the police installed.

    Sony acted in a deceitful manner in that they pretended to do the right thing and later did a 180 which in the west is viewed as far worse then openly being a scumbag.
    Microsoft may be a scumbag company but at least they are truthful in their intentions.
    I feel no sympathy for Sony and hope enough suits are brought forth that the people who made the decision to remove Linux have to step down.

    I expect the HDCP ban feature in TVs and blueray disc players to eventually be challenged as well.
    The first company to use it will suffer greatly.

    .

    Comment by Anonymous
    04:18 01/05/2010 # ! Neutral (0)

    When it comes to scumbag companies, Sony is pretty high up.

    These days MS is actually doing quite a good job, and they've been working hard to clean their rep up for the last 5 years at least (and they are actually doing a good job too).

    Sony on the other hand has been digging themselves deeper and deeper in the fecal matter since the start of this millenium. With (badly coded) autoinstalling rootkits on their music CDs, faked PSP blogs, not realizing that people wanted mp3 players that could play mp3s and not only sonys own DRM-crap format until 2008 (iirc), etc etc etc. All ehile being painfully arrogant and snobby to everyone who dared to question them...

    Comment by Anonymous
    12:52 01/05/2010 # ! Neutral (0)

    Sony has an mp3 player?!?

    Comment by Anonymous
    02:21 01/05/2010 # ! Neutral (0)

    Why is it that there are no biased comments on articles that happen in Australia or England, but if it's in America there's always the obligatory HURRHURR ONLY IN AMERICA?

    Comment by Anonymous
    08:24 01/05/2010 # ! Neutral (0)

    Cause the US takes everything in the ass, we are the bad guys. yet no other county does wrong which is a LIE.

    Comment by Anonymous
    17:02 01/05/2010 # ! Neutral (0)

    It's simple really. People just don't want their home Countries to be blamed for everything. Said people will try there hardest to look up news (or even make some up) about a country that they dislike and try to make it look bad. For example Japanese on Anime based websites (lets use Crunchyroll) will typically say that any and all cosplays that are based off of an Anime should be done by Japanese and Japanese only and try to provide you with Photoshop or professionally taken pictures of Japanese Anime cosplay all the while, they will try to find any random cosplay through google (most likely with the tags of 'bad cosplay') and use a random pic that they see and claim it as an Amercian and try to tell everyone that American's can't cosplay worth anything and that all cosplayers are fat. Granted America does have a stereotype of the citizen's being fat, but then again each and every other country has their own stereotype as well. Pretty much America is the butt of most (if not all) jokes made thus resulting in everyone else trying to make America look worse than what it is.

    I could keep going on, but you got the jest of it right? Also, inb4 someone says that America isn't a country.

    Comment by Anonymous
    02:09 01/05/2010 # ! Neutral (0)

    Hmm...
    Even though I don't care for Linux, I'd like to see the end of this court case with a decision to be allowed the option of other OS's.
    ...it'd be better than just giving the guy the money he's obviously suing for.

    Comment by Anonymous
    01:28 01/05/2010 # ! Neutral (0)

    because of this my ps3 has not been able to be used since the update. i cant update because i use Linux as my os at home. my ps3 is my computer and game system. if i upgrade i lose my pc and can not do homework in open office. its sad. i want other os to stay, if Sony releases update and my Linux still works then i will update. until then i hope this law suit goes though.

    Comment by Anonymous
    23:43 30/04/2010 # ! Neutral (0)

    Wow what an idea! I want to sue Nintendo for not providing replacement batteries for all the old games I have that lost the games that were saved when the battery died. I would also like to sue micrsoft for upgrading windows and putting all my old software out of business and not allowing me to run it on a machine that should run every thing ever made for windows as is no special virtual ware or such needed. Lets see what else?.... anyone anyone???

    Comment by Anonymous
    01:28 01/05/2010 # ! Neutral (0)

    Point taken, but products becoming ineffectual after running through their natural lifespans is a completely different issue than a company going out of its way to remove a promised feature in a, still, very viable platform.

    Comment by Anonymous
    05:41 01/05/2010 # ! Neutral (0)

    Exactly, and its clear that many people didn't fully understand the suit.

    Comment by Anonymous
    01:32 01/05/2010 # ! Neutral (0)

    I would also like to sue Microsoft for not telling me that it will BSOD when I bought their OS, and I'ld also like to sue the world for being so dumb.

    Comment by Anonymous
    02:15 01/05/2010 # ! Neutral (0)

    Computers crash, batteries go dead, tires go flat. There can be a problem with anything and everything. This isn't even a tiny bit related to this story.

    Avatar of Majineko
    Comment by Majineko
    02:09 01/05/2010 # ! Neutral (0)

    when xbox took away the xbox live from millions of people, couldn't they all sue? why didnt they? i bet there was a bunch of unfinished subscriptions. this feels like the same situation

    Comment by Anonymous
    02:20 01/05/2010 # ! Neutral (0)

    Because xbox live was a paid service. This is an interesting case because it forces the consumer to choose between PSN (using your online features) or Other OS support. So the consumer is forced to choose one or the other. In either case they are losing a feature that they had paid for.

    Comment by Anonymous
    02:31 01/05/2010 # ! Neutral (0)

    Probably because the people banned violated the EULA.

    Comment by Hibakusha
    23:51 30/04/2010 # ! Neutral (0)

    Love The image... As for the rest of the news go, fuck that guy, Jesus if he really cared he would ask for the "Other OS" option to come back but no, he just wants money. I bet he also wants for the "progress" of hacking PS3 to continue.

    By his means, we can sue anything that has been upgraded in basis that "it change what it used to be".

    Comment by Anonymous
    01:02 01/05/2010 # ! Neutral (0)

    I'm not sue you can sue to have functionality returned.

    You sue for money and maybe the company will offer to restore the functionality to avoid paying a large sum.

    Avatar of thanto_
    Comment by thanto_
    02:31 01/05/2010 # ! Neutral (0)

    He didn't ask for the "Other OS" option to come back, because it's not something the laws can compel a company to do. The laws only provide for monetary damages. If the company was to return the functionality of their own volition, that would resolve the issue, but they won't, and the courts cannot compel them to with the laws the complainant is suing under.

    Comment by Anonymous
    06:24 01/05/2010 # ! Neutral (0)

    Actually, yes, the law CAN insist that the company in question add back in support for the thing in question.

    The problem is that the courts have been very leery on doing that, which they should not be, because the laws DOES give them the right to order something to be put back into a product when it was taken OUT of a computer product (this only applies to COMPUTERIZED PRODUCTS, admittedly) without the owner's consent.

    Comment by Anonymous
    23:30 30/04/2010 # ! Neutral (0)

    And you wonder why the Japanese don't want you playing their games.

    Comment by Anonymous
    19:32 02/05/2010 # ! Neutral (0)

    We do?... I honestly don't know anyone who gives a damn what the japanese want

    Avatar of DFC
    Comment by DFC
    22:57 30/04/2010 # ! Neutral (0)

    Note, the person who sued didn't even demand that the function is added back in. Instead he went right for the money.

    Comment by Anonymous
    08:25 01/05/2010 # ! Neutral (0)

    You guys are morons. Like you wouldn't go for the money either. Besides it can be seen as punitive damages to punish Sony for violating their contract.

    Oh and no the EULA is not the contract,the original and advertised point of sale is the contract.

    Comment by Anonymous
    08:22 01/05/2010 # ! Neutral (0)

    Sankaku Complex users are so smart.

    It's a class action lawsuit that is attempting to get all his money back and other peoples money back for them removing the feature.

    If they win, this deters Sony from doing shit like this again.

    Learn at least one fucking thing about law or business before going "greedy Americans"

    Maybe that's why our country is so much better then your shit hole, we aren't complete idiots, only partial.

    Comment by Anonymous
    17:59 02/05/2010 # ! Neutral (0)

    "better than your shit hole"? Hah, you only really believe that because your too stupid to see all the problems your having and will have. Considering that most of the stupid and frivilous lawsuits come from the US, you can see why most foriegners see the US as just a bunch of greedy idiots.

    Avatar of Dia
    Comment by Dia
    08:08 01/05/2010 # ! Neutral (0)

    You shouldn't have to go to court to keep a contract. Spending time and money just to keep the functionality would be ludicrous.

    Comment by Anonymous
    14:09 02/05/2010 # ! Neutral (0)

    As many of americans that do their living by making demands, $5 million?? that much he was affected by losing his ability to have other OS on a console of less than $800 US?

    Comment by Anonymous
    04:32 01/05/2010 # ! Neutral (0)

    my guess would be when this is settled out of court that's all they will ask for

    Avatar of SanCom Citizen
    Comment by SanCom Citizen
    16:08 01/05/2010 # ! Neutral (0)

    LOL This guy bought his console like for what, $300-500 and he want's like $5,000,000. Real funny! Maybe if I file a lawsuit too, I'll be rich. :D

    Comment by Anonymous
    01:33 01/05/2010 # ! Neutral (0)

    Did Sony ask before removing Linux ?
    And it's pointless to go into justice just for having Linux back because of all the fee he has to pay for his lawyer etc.
    SO going for the money was the thing to do.

    Comment by Anonymous
    16:37 01/05/2010 # ! Neutral (0)

    No one forced him to accept the firmware update. And it's even in the ToS:

    "Some content may be provided automatically without notice when you sign in. Such content may include automatic updates or upgrades which may change your current operating system, cause a loss of data or content or cause a loss of functionalities or utilities."

    If you didn't want it removed, read the update before installation. And then don't install. So you are denied access to PlayStation Network, you can blame the hackers for taking this functionality away from you. Good Riddance I say.

    Sony does not have to provide you access to PlayStation Network. Sony does not force you to remove the functionality on your PS3. Tough luck.

    Comment by Anonymous
    09:50 03/05/2010 # ! Neutral (0)

    So, if they tell you that you can either breath or eat, is it good because they gave you a choice?

    By the way, you won't be able to play any future games and movies that require firmware over 3.20, so it's not only PSN access that you'll be losing.

    And one last thing, just because it's on the ToS, it doesn't mean that it can't be illegal. If the ToS says that they can come into your house and kill you, does that make murder legal?

    Comment by Anonymous
    02:18 02/05/2010 # ! Neutral (0)

    so you have to accept getting only half of what you paid for ? either a linux ps3 or a game console. you can be damn sure games released in the future will require this version of firmware or higher to run.

    Avatar of TenguSan
    Comment by TenguSan
    02:53 01/05/2010 # ! Neutral (0)

    you actually think that asking for $5,000,000 makes ANY sense?? the 5 mil is only going to him, btw... and he is also demanding that others affected be payed an amount of their 'unjustified profits'. His demands are absurd. He is just looking to get payed.

    I bet he will KEEP his PS3, even if he wins the case!

    Comment by Anonymous
    04:43 01/05/2010 # ! Neutral (0)

    Yeah, too bad if he wins the 5 mil isn't going only to him. It's a class action lawsuit, meaning everyone affected would receive a fair share of all of it.

    Of course he would keep his PS3. Are you an idiot or something? Why would he get rid of it?

    Comment by Anonymous
    05:32 01/05/2010 # ! Neutral (0)

    His lawyer is going to get a tasty slice of the 5mil pie y'know.

    Comment by H-Ero
    23:14 30/04/2010 # ! Neutral (0)

    I noticed that too. Clearly, he's just another money-hungry douche.

    Comment by Anonymous
    09:35 01/05/2010 # ! Neutral (0)

    he probably did wanted the linux functionality back, but his lawyer insisted on the money.

    Comment by Anonymous
    07:01 01/05/2010 # ! Neutral (0)

    Getting the OS back on the PS3 isn't gonna pay for his attorney's fee.

    Comment by Anonymous
    08:27 01/05/2010 # ! Neutral (0)

    I know, sony would pay for his attorney fees if they cave or lose3

    Avatar of Canadane
    Comment by Canadane
    01:57 01/05/2010 # ! Neutral (0)

    I only assume when SOny is handing out refunds for the loss of functionality, you'll have too much pride to accept?

    Comment by Anonymous
    00:23 01/05/2010 # ! Neutral (0)

    we know that already, he is American

    Comment by Anonymous
    08:25 01/05/2010 # ! Neutral (0)

    Stop whining about Americans. People in Europe started fighting this before we did so stop with the damn jealousy.

    Avatar of Kitsune9Tails
    Comment by Kitsune9Tails
    11:43 01/05/2010 # ! Neutral (0)

    No shit. It's funny to hear Europeans whine about Americans suing when they sued M$ for billions just a couple years ago.

    Hypocritical much?

    Comment by Anonymous
    06:08 02/05/2010 # ! Neutral (0)

    Sony's version of RROD.

    Comment by Anonymous
    19:12 01/05/2010 # ! Neutral (0)

    What's with all the racism? o_o
    You guys need to grow up. =P

    Comment by Anonymous
    16:45 01/05/2010 # ! Neutral (0)

    Actually the person would be lucky if they even received even half of a million out of the case. A good chunk of it is going to be taken away due to tax's (let's say roughly 3.5 million or even 4 million) a decent amount is going to the lawyer (close to a million or more) and the rest to be taken out through hidden costs which would end up with him/her only receiving possibly only 50,000 if that.

    Comment by Anonymous
    12:46 01/05/2010 # ! Neutral (0)

    How do you even put a price on the feature? No hardware is removed... just software. Isn't Linux free software as well? I really doubt the Linux feature costs a lot of money to put in. Plus, the other side of this is that if the PS3 were to be fully hacked, how much money would sony lose to pirates compared to this lawsuit. I don't know what percent of the of the price Sony recieves for every game sold, but get enough people pirating games around the world and it might be cheaper to try and settle the lawsuit (especially if they settle it outside of court). Now I know not everyone who pirates a game would have bought an original copy anyway. You'd be a fool to think all pirates can afford to purchase a game legitimately, but you'd have to be an even bigger fool to think that there won't be tons of people willing to just grab stuff for free.

    It's a very difficult thing for Sony to consider. I wonder if they can't try to implement a software protection and re-release the feature when they feel they have properly protected it again... at least for a little while longer. There doesn't appear to be any way for Sony to really win in this situation.

    Comment by Anonymous
    05:31 01/05/2010 # ! Neutral (0)

    You do know the lawsuit is for ~5mil last I checked. Take away legal fees and you left with ~4mil probably.
    There are more than that amount of PS3s sold. Depending on how many participate, people are not going to get a lot of money...

    Comment by Anonymous
    01:49 01/05/2010 # ! Neutral (0)

    Lawyers...another days of safeguarding American interesting...and keeping US health care bill sky-high...

    Avatar of Darkrockslizer
    Comment by Darkrockslizer
    01:37 01/05/2010 # ! Neutral (0)

    Whenever there's a fair chance to accidentally gain more money, why not go for it!?

    Comment by Anonymous
    02:07 01/05/2010 # ! Neutral (0)

    Dude(s, and dudettes) Americans sue everyone for everything if they believe they can win at it.

    Some fool even tried to sue NORWAY, a country.

    the reason?

    Norway produce oil. So when the oil price rise, you blame them.

    Comment by Anonymous
    01:27 01/05/2010 # ! Neutral (0)

    Sony is not gonna restore the feature, it's pointless to even ask. Maybe he knows that, if I bought 599 bucks for a system and lost a feature I wanted and used I would be pissed and hit their wallet so they will lean next time.

    Avatar of Lord Ryo
    Comment by Lord Ryo
    01:16 01/05/2010 # ! Neutral (0)

    Yeah what a greedy fuck!

    How do I get in on this suit again? lol

    He probably wont get off with anything, so he just wasting his time. Why can't he just enjoy the many other great features the PS3 has to offer its users? Is this the tanks we give for free online service?!

    Comment by Anonymous
    03:10 01/05/2010 # ! Neutral (0)

    Have to agree with Tengu. Individually, you might find most or at least a lot of us are perfectly fine, but as a whole I can see why foreigners see us as stupid.

    Comment by Anonymous
    03:40 01/05/2010 # ! Neutral (0)

    Somebody has to sue. Can't wait on some Japanese person to do it as they will probably just say, "It is regrettable that Sony disabled this featured." Seriously, I was getting high offers for it due to its Linux capability, and was close to selling; and now Sony has screwed me and other Original PS3 owners over. I'm expecting a check for at least $100. I paid full price for this mofo.

    Comment by Anonymous
    02:56 01/05/2010 # ! Neutral (0)

    It's not a "person" sueing. It's a group of people since it's a class action lawsuit. Should this lawsuit succeed, Sony will probably settle it by readding the functionality back in less they have to pay EVERYONE who bought a ps3 pre firmware update.

    Avatar of TenguSan
    Comment by TenguSan
    02:41 01/05/2010 # ! Neutral (0)

    I am American and yet i have to agree with most of the comments about us... sadly it describes our general actions quite well. The extreme abundance of brainless and arrogant fools give America quite a bad name.

    Don't believe me? Go on Yahoo Buzz. The stupid ones seem to gather there like flies on crap >.>

    Comment by Anonymous
    01:12 01/05/2010 # ! Neutral (0)

    Like if he could do that.
    He's asking for a refund to all those affected by this. Seems very noble to me.

    Comment by Anonymous
    03:41 01/05/2010 # ! Neutral (0)

    He might be playing hardball so that Sony will take him seriously and possibly reinstate said feature. If he came at them with a simple "oh please sir, just give us linux back pl0x?" then they'll see him as a pussy and ignore him. Gotta scare big corporations where it counts: their wallet.

    Avatar of Lucifer
    Comment by Lucifer
    03:56 01/05/2010 # ! Neutral (0)

    It seems law suits are the trend now to get around in America. There's far too many pricks that will do whatever advantage while abusing the judicial system.

    Comment by Anonymous
    09:39 01/05/2010 # ! Neutral (0)

    heard a story once where this woman spilled her hot coffee on herself and got a scar. She sued and won the case against (was it McDonalds) and got a million. Now all coffee cups says becareful its hot (Yes this was done in America)

    Comment by Anonymous
    06:20 01/05/2010 # ! Neutral (0)

    Are you of the opinion that this is 'abusing' the legal system? I think that it is using the legal system to get a company to live up to it's obligations under the law.

    Comment by Anonymous
    06:52 01/05/2010 # ! Neutral (0)

    enjoy your bureaucracy

    Comment by Anonymous
    12:56 01/05/2010 # ! Neutral (0)

    yes americans are stupid... one called 911 (emergency number) becasue mcdonalds ran out of mcnuggets! true!

    but lawsuits do come in handy when it is justified, this case in point is justified, as in they didn't give us the option of keeping it if we wanted to play future games... they can't drop a function of something.. sorry so i hope he wins,and other os is restored, and you do have to ask for money.. just the way it works.. he could have asked for more, but didn't, and i doubt the judge would rule in favor of the whole amount anyways.. but sony is in the wrong with this bit, if they didn't want the option, and wern't going the long haul with it... they shouldn't have installed it in the first place..

    my 2 cents....

    Comment by Anonymous
    12:53 01/05/2010 # ! Neutral (0)

    Actually people still still hot drinks from McDonalds and successfully sue today. There was a recent couple that brought some from a drive-thru. The hot liquids jumped out as they drove over a speed bump and one had 3rd degree burns (or whichever degree it was. fuck if I know).

    Comment by Anonymous
    16:48 01/05/2010 # ! Neutral (0)

    ...Is it not ironic when others complain about American's that they themselves cannot construct a sentence or spell correctly?

    Comment by Anonymous
    03:01 01/05/2010 # ! Neutral (0)

    But the court can decide that adding back the functionality would be a valid compensation as I'm pretty sure the dude cannot demonstrate any damages.

    Comment by Anonymous
    02:48 01/05/2010 # ! Neutral (0)

    whether it was for the money or not, I was expecting this to happen, matter of fact - I WANTED this to happen. I know I was incredibly pissed when I read the patch notes when I turned my ps3 on.






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