PS3 Linux Lawsuit Could Cost Sony Billions

farewell-ps3

The scope of the class action lawsuit facing Sony over its removal of PS3 Linux support could include over 10 million consoles, potentially reaching billions of dollars in refunds if everything goes the lawyers’ way.

The law firm handling the case is claiming the console’s high price was due to the inclusion of Linux support, most probably in an effort to increase the size of the final settlement:

“This class definition reflects, in part, that Sony commanded a much higher price for the gaming console based on the functionality of the ‘Other OS’ feature at the time of its launch and trumpeted the ‘Other OS’ feature in its subsequent marketing.

As a result, consumers paid much more for a product than they should otherwise have been charged now that Sony has disabled the ‘Other OS’ feature.”

The firm is urging PS3 owners to hang onto consoles and receipts if they want in on the action.

With lawyers seeking an “everybody in the country who bought the PS3 from the time of launch until March 27, 2010” scope, some 13 million PS3s would be included in the suit.

Even restricting the scope to pre-Slim PS3s, 9 million PS3s could easily be included. Successful suits in less litigious nations seem less likely, but over 30 million PS3s worldwide presents a huge potential liability.

Amazon’s discretionary refund of $100 for lost Linux support sets a threatening precedent for Sony – presumably a court enforced refund would be much less.

A substantial success for such a suit would probably spell doom for the PlayStation – billions of dollars in additional liability would be a huge blow to Sony’s struggling financial position, and in the boardroom would have an even worse effect on the perceived importance of SCE to Sony as a whole.

However much the final lawsuit comes to, it seems unlikely any console will ever officially support a third party OS again after such a fiasco.

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288 Comments

  • Anonymous says:

    Sonys decision to kill features we all paid for is beyond idiotic, its criminal. what they did is deliberately hack hardware we legally purchased and used. The damage goes beyond loss of linux. the firmware downgrades have also been bricking consoles in large numbers & intruducing numerous malfunctions. If any of us did this to thousands of people you can bet we’d be arrested n imprisoned.

    4 any of you who’ve folllowed sony news in the past while will know the company is already in a very precarious position. Recent losses for the fiscal year end are $441 million. Alienating customers by the thousands is at best insane.

    Something 4 all of us to consider is this: even if by some miracle sony survives their own stupidity of the current scandal they’ve lost a great many futre sales, not just games or their next console either but all across their product line. But considering their track record of bad decisions & heavy quality control problems thats a good thing for us “consumers”.

    What we must all remember is this is not the unquestionable sony socialist republic, this is a world were we have choices. I for 1 have wisely chosen to no longer spend my hard earned money on sonys questionable business practices & dubious products. Thousands of others have done the same and none of us have any regrets.

    1 final not to the diehard sony fans, Up until the end of march I was one of you. Thankfully thats a mistake I do NOT have to live with.

  • Anonymous says:

    They are not going to win. Sony’s disclaimer clearly states that they have the right to change things like this when ever they deem it nessessary. If these idiots read it they wouldn’t be trying crap like this.

    • Anonymous says:

      I doubt such disclaimer is enforceable. They would be idiots if they didn’t even try to sue. Do you really think it is okay if Sony takes away features from already sold products.

      The only reason they do these things is because people let them get away with it.

  • i think SCE’s best move is to wrap this up asap – settle the payment,etc because they’re in the wrong here and the faster this gets settled, the less cost this whole fiasco will be in the long run.
    For an MNC this size, 1-2 billion added to the 10-20 billion yearly loss shouldn’t be too painful imo.

  • Anonymous says:

    Sony treated it’s customers like criminals, Sony ended up in court. That’s justice.

    Now if only we could nail all the other companies that treat their customers like that when they use DRM.

  • sirhelmet says:

    did everybody on earth forget that it actually COSTS sony money to make these consoles. looking at it that way, we should be paying more for the system. considering that this console gives you the biggest bang for your buck, go buy a 2nd hard drive instead of a blu-ray player or netbook, and go dual OS on the comp you have

  • Anonymous says:

    the problem of sony, is if they goes to the lawyers’s way and lose they need to pay much money, and probably they intend to recover this billions of dollars with the console price…probably more expensive.

  • Anonymous says:

    THis whole thing sounds like the Comcast Throttling Fiasco all over again.

    Whats going to end up happening is they’ll go to court, the court will say “Refund your customers” and all they’ll do is make a Fund and say “Those who have reciepts can get 20 bucks back and a big fuck you”, all the while showing their stiff middle fingers to the courts proving that they can make a work-around so they don’t lose as much.

    Court or no court this is a lose-lose for consumers. You may have bought the system, but the moment you connect to the PSN, anything they say goes for the most part when it comes to your system, because they are still “developing” content and features for the system.

  • Anonymous says:

    Sony: Okay. We will give you people refunds
    People:*takes money*
    People:*thinks* Shit…I gotta sell all these ps3 games…extra controllers…accessories…
    People:*goes to a game store* WHAT??? Only 20 bucks?? 🙁

  • damn, i scrolled the whole post looking for someone who noticed the M$ image in a linux post. well, i guess this is just about rant and not defending the open software philosophy.

  • Lioncash says:

    Alright, I'm just gonna analyze the situation here.
    People who ride Sony like a whore on dick complaining towards people with actual logical statements about why OtherOS should stay. Now my question is why?
    Why argue amongst each other who play the SAME system? Most of the arguments against OtherOS is "Why help Sony lose money?". Just to let you know, they aren't, the guy who is suing them is. People getting money back is a byproduct of the lawsuit IF he does win.
    My personal opinion is that he should win. It basically puts a clamp down on a really good feature of the console, which in the beginning, Sony semi-boasted said feature. To those who say "But it's only going to forward the advent of piracy on the Playstation 3!!!111", you clearly have no grasp on the situation.
    Piracy isn't just the reason people are getting mad, it's the fact that your freedom to use the system has been reduced (An analogy would be to think of China filtering its internet, but bring it to your home country, you'd be pretty pissed off about that).
    Even if they do manage to get piracy onto Linux (something that doesn't really emulate games well in the first place from what I've seen) there is still a hypervisor in place that limits the Playstation 3's ability to access graphics.
    For the ability to play PS3 games that are burned to disc off of torrents and the internet and such, the program that would do this would have to go right out of Linux's boundaries and interact directly with the system, sort of making the claims of piracy on OtherOS a little far-fetched.
    In conclusion: for those who blindly ride Sony's back, remaining blissfully ignorant of the whole entire workings of a system, stop it, read up on stuff and THEN make a logical argument.
    -Lioncash

  • Anonymous says:

    Alright, I’m just gonna analyze the situation here.

    People who ride Sony like a whore on dick complaining towards people with actual logical statements about why OtherOS should stay. Now my question is why?

    Why argue amongst each other who play the SAME system? Most of the arguments against OtherOS is “Why help Sony lose money?”. Just to let you know, they aren’t the guy who is suing them is. People getting money back is a byproduct of the lawsuit IF he does win.

    My personal opinion is that he should win. It basically puts a clamp down on a really good feature of the console, which in the beginning, Sony semi-boasted said feature. To those who say “But it’s only going to forward the advent of piracy on the Playstation 3!!!111”, you clearly have no grasp on the situation.

    Piracy isn’t just the reason people are getting mad, it’s the fact that your freedom to use the system has been reduced (An analogy would be to think of China filtering its internet, but bring it to the US, you’d be pretty pissed off about that).

    Even if they do manage to get piracy onto Linux (something that doesn’t really emulate games well in the first place from what I’ve seen) there is still a hypervisor in place that limits the Playstation 3’s ability to access graphics.

    For the ability to play PS3 games that are burned to disc off of torrents and the internet and such, the program that would do this would have to go right out of Linux’s boundaries and interact directly with the system, sort of making the claims of piracy on OtherOS a little far-fetched.

    In conclusion: for those who blindly ride Sony’s back, remaining blissfully ignorant of the whole entire workings of a system, stop it, read up on stuff and THEN make a logical argument.

    -Anon

  • Anonymous says:

    Sony deserve this to be honest.

    They’ve been slowly killing themselves for a few years now.

    “We can assure you that the PS3 *will* have backwards compatability.”

    Only a few did, then they removed it.

    Yes, yes, we can still buy PS2s for now, but once they stop making them and yours breaks, you’re kinda fucked.

  • Anonymous says:

    NO Aretfact, it does not ‘seem unlikely any console will ever officially support a third party OS again after such a fiasco.’

    It seems unlikely any console will ever officially REMOVE support for a third party OS again after such a fiasco.

    If this lawsuit originated anywhere besides America I’d say they honestly wanted Linux back. But this is just a money grab, however it is a justified money grab if it punishes Sony- both in the press and in the wallet. This should teach manufacturers in the modern internet console era that you can’t just revoke functionality because you feel like it or it’s not cost-effective for you. If you included it, and you advertised it, you’re stuck with it however much you think it may be an albatross.

    And in this case, let’s not beat around the bush:
    We all know why it was removed, because it gave owners an opportunity to hack the hardware, something Sony doesn’t want.

  • The easiest and cheapest thing Sony can do is simply put out another update that restores linux support.

    Then they also need to fire all the morons who thought it was a good idea to remove it in the first place followed by a public apology.
    This will prevent future stupidity besides their actions gave the company’s public image a black eye and may have cost it millions.

    The Share holders should be pressuring Sony to follow this route.

  • Anonymous says:

    What a load of bull. Out of the millions of PS3’s this guy is including probably 1% of people gave a crap about the Other OS feature.

    It was removed for a completely legitimate reason and never marketed as a key selling feature. This should be thrown out of court.

  • Anonymous says:

    “Hey, this gaming console is pretty awesome, but it’d be even more awesome to bankrupt the company whose responsible for the only decent console currently around, just because I’m poor.” Poor people are what’s wrong with this world.

    • Anonymous says:

      Rich people who exploit the poor for their own amusement are just as much what’s wrong with this world.

      Bottom line: Selfish behavior by selfish people, rich, poor, and everything in-between, makes an eyesore out of humanity upon the face of creation.

      Want to change this aspect of the human condition? Start from within. Everything else will eventually follow from your example….or founder itself on it’s own excesses and subsequently perish.

  • Anonymous says:

    Shoot! I don’t have my receipt. I know I got it November ’09 though.

    But wow, the Playstation could actually die. Sony could be forced to shut down its gaming division. Oh boy, imagine if that happened. I wonder who would rise and take Sony’s place. If they rise, that is. Sony pretty much stole the spot from Sega and Microsoft filled in the gap, I guess you could say.

  • Anonymous says:

    First Toyota got hit with several safety recalls, now Sony got slap with a billion dollars class action lawsuit. What next? Japanese giant companies seems to be very unlucky this year, I hope this is not a patent for the rest of 2010.

    Microsoft & Nintendo are probably snickering while watching Sony walking down the hall of shame…

  • you know I was thinking of how this suit would never pass because of the legit reasoning of taking away the Linux feature (with piracy being a problem with EVERYTHING), but the fact that the initial price of the system included the fee of paying for the actual linux feature makes sense of why this suit came this far. BUT my question is this:

    linux is an open source FREE OS, would it REALLY cost more than 60 US dollars to have something like that implemented on a console which the motherboard already acts like a personal computer? i’m thinking that price is much less.

    • Anonymous says:

      Doesn’t matter if PS3 cost more or same with “Other OS”. As written in summary – it could be just a way to increase amount of cash they get.
      What matters is this – Advertised feature got removed. What you get to choose is to:
      a) Don’t have Linux support
      b) Use PSNetwork, play new games and playback new BR discs.

      You can’t have both a) and b), but both were advertised as part of the product. This is whats its about, and what Sony can’t deny. Who cares why they did? They could even argue that they are saving Earth by doing so, doesn’t matter. I’m not sure how its in other countries, but here in Poland its not allowed to do as Sony did. Recently Microsoft got his balls hammered by our consumer associating and now every1 who bought Xbox360 can either get full refund, or partial refund, cause advertised Live! service is not supported in Poland for some stupid reasons [who cares what they are anyway].

  • Anonymous says:

    Sony took away Linux capability to help prevent loss of money from pirates cracking their console. How ironic that it is possible that they themselves will do far more damage to their bottom line than any pirates possibly could’ve done.

  • Anonymous says:

    I’m all up for sticking it to large corporations but this will do more harm than good. I’m not a sony fanboy but this would utterly destroy the company. I hope there’s away for this to be resolved where the gamers get their Linux support and Sony doesn’t get financially raped.

  • Ill have to admit that taking away a feature isn’t something that should be done without reason; but the reason they have to do it is obvious. Using this feature to attempt to hack the system and OS would make it a security risk. This will no doubtfully be part of their case. Why leave a knowingly insecure opening to your system?

    Purchasing something does not guarantee you the right to use it in any method you desire, even if it is one of the options of the program. Look at Microsoft, they took XBL from older Xbox systems, turned ~1m xbox into bricks when they disabled them for using hacked software.

    Granted, the other OS utility was nice; however, if this was the real reason you purchased a PS3, then don’t patch it. You can stick with old software to run Linuz, or what have you.

    In reality, the lawyers and this guy just want money. Anything to get a quick buck.

    • Anonymous says:

      XBL was always a service you subscribed to, different laws cover that and there is no guarantee of future support. Hacked software is (usually) illegal by the DMCA and therefore Microsoft was within their rights and can claim that they can’t be expected to write their updates around user modification. Once you start modifying the software yourself, you logically lose software support from Microsoft. You must update your own updates.

  • Anonymous says:

    There is something people should know… Linux wouldn’t have been removed if it wasn’t being used to exploit the system towards piracy.
    Proof is that George Hotz fellow. He released the hack which he used to access the PS3’s graphics card.
    It makes me sad that people defended this hacker. His actions led to all this crap and now we’re betting on who wins over rights.

    Note that both sides are right:
    -The consumer wants what he/she paid for.
    -The company wants to keep it’s products safe in accordance to the TOS. (Any owner should know that in the PS3’s TOS, there is a “The PS3 May Not Be Modified…etc” rule there)

  • Anonymous says:

    i dont get why people are already deciding who’s winning or who’s loosing. all this articles tells us is HYPOTHETICALLY if the lawyer on the plaintiffs’ side HYPOTHETICALLY wins, sony could loose X amt of money ASSUMING they refunded X people.

    and of what basis does the line “Amazon’s discretionary refund of $100 for lost Linux support sets a threatening precedent for Sony” hold true? where are the facts that spell it out?

    also, i couldnt help but notice that the quoted segment of used in the article as no source that explicitly stated so.

  • Anonymous says:

    my reason i’m for Sony is shallow, they’re finally starting to pick up steam and i’d hate if they got crippled by losing this lawsuit. that means i’d have to play my fail box and buy a new one every three months when it red rings.

  • Anonymous says:

    If sony were to give those losers refunds, it wouldn’t cost them billions. That is because only a handful of retards buy the ps3 to be used like a PC. PS3 stands for “PLAYSTATION 3”. It is a PLAY station for playing games. It is meant to be used to play games. STFU AND BUY A FKING COMPUTER FAGGOTS!

  • Lulizarti says:

    I for one, will not “join” this lawsuit. I love Sony as a company, and understand why they did it. Who cares if they took it away, maybe only .005% of the PS3 owners. The lawyers are trying to turn a vast minority into money starving people.

    50000 people (give or take a few) used it. Maybe of which 1/5 used it heavily. That isn’t a lot of people. They just want money, fucking Americans.

  • Anonymous says:

    Thinking about it, I dont see how the amazon thing set a precedence for Sony. I mean Amazon is a company that deals directly with customers/consumers. Obviously the people who complained about it complained to them not sony, and they offered the rebate as a way to not lose those customers

  • Anonymous says:

    If this lawsuit goes through it could easily take sony completely out of the console wars then we will be left with a dis-functional xbox and the wii which cant run most newer games

  • LanceRayne says:

    i love this.
    question: if sony loses, no more ps3? and if they lose, how much ya wanna bet they start pulling out of america and other countries? even better, lets really make the japanese mad and they stop allowing anime distribution out side of Japan?
    short term that sucks or long term piss off a country more then we need to.. oh wait america home of the free to sue and land of the “we are better then anyone else and never wrong”.
    these are the times i wish i wasn’t in the states.. fail.. fail.. fail

    • Anonymous says:

      So you’re saying we should kiss and lick Japan’s ass?

      Americans have bad habits, but to outright defend a corporation like Sony?

      If anything, Sony dared spent so much on developing PS3 BECAUSE they think they’ll get a lot of return by selling it internationally. Can you even begin to imagine the cost they had to oblige through all the R&D for building PS3?

      You don’t seem to realize that there won’t even be a PS3 if their sole target market is Japan. What’s this got to do with the animes anyway? Don’t mix one issue with another.

      As for Sony, they can sell their overpriced shit worldwide for all I care, but if they’re willing to use deceiving and fishy business tactics(ie:false advertising), they should be well prepared for the consequences should some greedy(or they could be just using their rights to correct what they see as wrong) parties use available legal means against them.

      This won’t be the last we’ll hear from Sony. The officially-declined-but-still-widely-believed ‘Sony Timer’, the overpriced shit… Microsoft has also been prosecuted and made to obey some business laws, so don’t think Japanese corporations should be given so much leeway to do things just because “Oh! THEY MIGHT PULL THEIR SHIT OUT OF THE REST OF THE WORLD!!! AKHDJASDFHAKSDJ!!!” Big corps like that won’t stay in Japan.

  • Anonymous says:

    Are you guys idiots ? It’s like Apple all of a sudden got the bright idea to keep people from listening to music on the iPhone. It’s a feature that was included in the product you bought, and they advertised it. They can’t just remove features whenever they desire. Hell, they could lock your console to stop you from playing any games you have bought. This is the exact same thing. Not as many people care about this (including me) but we can’t have sony pull options and features in the PS3 just ‘cuz they want to. That’s madness!

    • Anonymous says:

      Are you an idiot?

      If you’re going to make a stupid iphone analogy at least try to get it in line with what is actually happening.

      It would be as if apple had given iphones linux support and then decided to take it away.

      Who the hell would be out shopping for a system to run linux and think “well of course an iphone makes perfect sense!”. Its the same thing goes with the PS3.

      Its a god damn PS3, not a system designed solely to run linux. It isn’t as if the update totally bricked the systems and made them unusable.

      • Anonymous says:

        actually dumb ass it is , other os allowed linux in raw pc form . the xmb is built on a proprietary linux operating system. do some research the whole architecture was built on linux. sony is just to lazy to fix the so called vulnerability with the other os feature. guess ill have to run a linux live disc on my wii. sony stole what i payed cash for. what would you do if someone came in your home uninvited and stole money out of your wallet,(If your a man) you’de beat the shit out of them . so if you can’t understand why people are pissed off than your just 1 stupid SOB. because they snuck in a virtual back door to steal what i payed cash for is no different . rott from the end of a Nuice Sony you piece of shit thieving bastards . opinions of ingorant retards holds no baering in laws and moral oblegation. if sony had ballz ide be kicking them up inside them, fuck you sony , the way you handled this was a half assed and lazy atempt to resolve this so called issue and you did it at the expence of your loyal paying customers. you guys took tax breaks because it was in fact adverted and was contracted on paper as a pc , the filing of the ps3 in Europe proves this fact because if it wasn’t it would never had held the classification that it got, sony clarifyed it as a computer to save money in that tax bracket. so it was sold as a computer because tax classification filed proves it was sold as a computer and it wa presented as such to the tax board and there tax break as a result proves there motavation . not only have they now robbed loyal paying customers they have defrauded the great country of Europe. Judge through the book at these crook bastards and put them in there place.

      • Anonymous says:

        Dumbass.
        Imagine some company selling boxed axes, later instead of putting in axes they just put in axe handles with no heads. The “axe” is still usable, for some purposes but not as effective.

      • Anonymous says:

        Anon… Please stop calling people idiots. I bet that all the name calling posts come from you.

        On topic, I agree with what you said. This issue will be forgotten soon I hope.

    • Anonymous says:

      I love it when people try and talk like they have even the slightest idea of what is “legal” or “illegal” in situations like this.

      Especially when people look at things like that segment of the EULA and go on about how its all illegal.

      I’m fairly sure that companies usually hire people called “lawyers” to help draft things like that since tossing a binding contract together out of your ass doesn’t usually work well.

      • Anonymous says:

        Sony must have hired crappy lawyers then since you can easily look up any of this and see that what Sony did was illegal. Also their change to the EULA that they made has the section that says that they can automatically update your system without notice is almost identical to Anti-Hacking law in which it is in violation of. If you don’t understand already a Contract can’t violate the law and if it does it is unenforceable. If you want to look any of this up it is a quick search on google to get to university databases on the law mentioned here and it isn’t hard to understand.

  • Anonymous says:

    “Without limitation, services may include the provision of the latest update or download of new release that may include security patches, new technology or revised settings and features which may prevent access to unauthorized or pirated content, or use of unauthorized hardware or software in connection with the PS3™ system. Additionally, you may not be able to view your own content if it includes or displays content that is protected by authentication technology. Some services may change your current settings, cause a loss of data or content, or cause some loss of functionality”

    From the PS3 EULA.

    Things of possible note are the “Without limitation”, “revised settings”, and perhaps “loss of functionality”.

    • WarpRattler says:

      Well, I had two people post replies before me, but I’m still posting this (albeit modified to take previous posts into account):

      “Some services may […] cause some loss of functionality”

      This is definitely worth noting, because as stated several times before (including in one of the two posts above this one), removing functionality that was sold as an advertised part of a product (which is the key word here) is simply illegal.

      This is the same reason why practices of modern PC game publishing, regardless of anything that might make them superior to those of modern console game publishing, are ultimately Bad Things. Nowadays you’re not actually “purchasing” a PC game, but rather “subscribing” to it or purchasing a license for it, which means game publishers can tell you how many times you can install a game, make you pay to unlock content that’s already on the disc, or go ahead and revoke your right to play a game, and there’s nothing illegal about them doing any of these things at all because you paid $50 for a service (the subscription or license) rather than for a product. This is also why Microsoft was able to ban users from Xbox Live, though in their case it was completely justified, as the banned users modified their systems in a way that breached fully enforceable terms of the Xbox Live EULA (in this case, modifying the product, the Xbox 360, in a manner contrary to the terms agreed to when registering for the service, Xbox Live). But I digress.

      I certainly hope the powers that be at Sony didn’t honestly think what they were doing by removing the Other OS feature was legal just because their EULA said they could do it. If they did think that, they really deserve any legal punishment they receive. Doubly so if they thought changing their EULA would come remotely close to getting them out of the trouble caused by removing the Other OS feature in the first place.

    • WarpRattler says:

      “Some services may […] cause some loss of functionality”

      This is definitely worth noting, because as stated several times before, removing functionality that was sold as an advertised part of a product (which is the key word here) is simply illegal.

      This is the same reason why practices of modern PC game publishing, regardless of anything that might make them superior to those of modern console game publishing, are ultimately Bad Things. Nowadays you’re not actually “purchasing” a PC game, but rather “subscribing” to it or “licensing” it, which means game publishers can tell you how many times you can install a game, make you pay to unlock content that’s already on the disc, or go ahead and revoke your right to play a game, and there’s nothing illegal about them doing any of these things at all because you paid $50 for a service rather than a product. This is also why Microsoft was able to ban users from Xbox Live, though in their case it was completely justified, as the banned users modified their systems in a way that breached fully enforceable terms of the Xbox Live EULA. But I digress.

      I certainly hope the powers that be at Sony didn’t honestly think what they were doing by removing the Other OS feature was legal just because their EULA said they could do it. If they did think that, they really deserve any legal punishment they receive as a result of all this.

      • Anonymous says:

        not true. You do understand its a whole legal process that produces the EULA right? Meaning that it has to follow the laws within the region its marketed. And OS support was never really a marketed feature (where are the os support commercials?) just and option feature that the system had. You can use a ipod shuffle as a storage device (by accessing it directly, not through itunes) for just about any type of data, but thats not a marketed feature of the device is it? So stop bitchin already

      • Anonymous says:

        Usually big companies hire people who kinda have a grasp of what is legal and illegal when they draft agreements like these.

        Its not as if they just pull this stuff out of their asses and hope no one notices.

  • Over all, I have less respect for the over abundance of sue obssessed persons that I do for lolicons.

    I have no use for what amount to out of control parasites on society.

    Sue sue sue, man a really large rock really needs to slam into the USA real bad considering they are among the worst offenders of the sue obsessed crowd.

  • Anonymous says:

    You could totally keep Linux and update to the newest firmware. All you had to do was make a save first to external memory. Then update. Anytime you need to use Linux just reinstall your old memory.

    • Anonymous says:

      Does that make you feel good? You should know that there is a company called Nintendo who holds a bigger slice of the console pie from either Sony or Microsoft.

      That JApanese company is the inspiration of many Western/American video game developers.

      • Anonymous says:

        think about it. what happens when huge, international company looses a huge amount of money in such a short amount of time?

        first of all, someone that has nothing to do with the decision making is going to get laid off. also, with lack of funds, the company will not be able to service other existing customers that have nothing to want with the ps3+ the production would have to decrease. this upsets those customers. so if you own other of their products as well as use other of their services, expect a more trouble on your end. also, if such happens, the company will loose customers. which is good if you want the company to be hurt, but will further increase the inconvenience stated.

        another thing to expect when a company looses huge sums of money, investors also pull out. when investors are lacking, the company goes into a bigger crisis. thus also deepening wounds for others. also note, investors pull out because they themselves have lost money because of such an incident which will in turn tie down other companies that are connected to the company directly affected.

        back to the point, if sony were to cease to exist, japan will, in one way or another, be hit. if japan is hit, other industries in japan will have to go as well. not to mention that other countries that has business with japan will feel some sort of damage some way or another. & if it does start to effect other countries distinctively, the next thing that is going to happen is companies within those countries will be hit so on so forth.

        it’s simply the domino effect.

        weighing the cost, lets say sony pays for the damages each individual person is not going to get much out of it. granted, it may be enough to buy some new things, but no way is it going to get everyone affected rich enough to buy a car.

        therefore, i would like to ask, is loosing a company who’s total assets is worth more than microsoft though about half of that of ford’s really worth the while???

        • Barbarian of Gor says:

          And that’s “Capitalism” for you…

          They rave for the “Free Market” when it suits their purposes at the time, like letting people “Choose” to buy the products they or their “Friends” dictate prices on in a market they control…or go entirely without the products, services, etc. and live like Amish… Except in Japan such behavior is now being defined as “Insane”…check a few articles back for that topic.

          But, when the market doesn’t go their way they want to suck the teat of a “Socialist Nanny State”. They are “Too big to fail”, “Too big to Jail”, “Vital to the economy”…

          IMO, we could live entirely without CEOs or rather the rich, ultra elite. They don’t innovate, they crush real innovation to avoid any risk to their base. They don’t work, they buy and sell the labor of others. They don’t increase the standard of living, they profit from it, by increasing prices, lowering wages, outsourcing business…

        • Anonymous says:

          What is Panasonic, Hitachi, Sharp, Mitsubitshi, Nintendo to you? Sony is just one company that has many divisions. Think about it, they won’t be that stupid to have their Playstation division shut down the whole company lets say their audio, TVs, Bluray, or one of their biggest divisions Sony Ericsson. If it comes down to it, the worst thing for Sony to do is say there will no more Playstations.

          I’m pretty sure this will all blow over soon enough. Although I haven’t updated my PS3 yet, I am a bit angry at Sony for removing what they advertised and I do hope they add it back. First the card reader on it, then PS2 support, then Linux. Without the PS2 support it is just 2/3 a console.

  • Anonymous says:

    There has to be some fine print somewhere in a manual or in the agreement that comes up when updating the software that outlines that Sony is free to make any adjustments to features available on the system without repercussion.

  • Barbarian of Gor says:

    Alright!

    I am so sick of monopolistic companies thinking that just because they sell a product they are gods or something.

    What if an apple merchant ordered you to ONLY make apple pies with his apples? You’d think he was a nutcase who’d soon be out-competed in a market where most vendors while they certainly might ‘advise’ will eagerly sell anything to anyone. But in a world full of giant monopolies that suck the teat of government when the markets they try to control choke on their grip, such practices are common.

    Sony deserves to be punished for going back on Linux support. AND, IMO they even used that “Promise” for a competitive edge versus their soon to be re-joined paranoid, locked-down competition.

    And, btw, almost every major piece of electronics is stripped, reverse engineered and cracked the first day or so after launch. Not even by hackers, but by rival companies seeking to gain some edge or insight into what their competitors are doing. The Linux option did zero damage compared to the extra markets it opened, such as the “I want to support an open company” and “I want a home render farm, that I can also have a Street Fighter tournament to end all home tournaments between Poser Porn movies!”

  • Anonymous says:

    Firstly, anyone saying that microsoft is better than sony in any way shape or form is a retard. MS just like Sony are a company that would rip you of at the first chance they get.
    As someone who does not own either a Xbox or PS3 i consider my self unbiased. Sony deserves everything it gets. No its not about Linux being useful or otherwise, its the idea that they can removed an ADVERTISED feature from their product. That should never EVER happen under any circumstances, so I hope all the PS3 bleeding hearts will shut up.
    Oh and “he does it for the money”, understand you idiots that if the lawsuit is successful that money WILL NOT GO TO ONE PERSON. It will be split evenly between EVERYONE that has had to deal with the removal of the “other OS” feature. And lastly I’m not america, before someone tries to say otherwise >.>

  • ugh, this is retarded…
    On Sony’s side, for saying they wouldn’t remove it, then removing it.
    On the plaintiff’s side, because who really gives a fuck about crippled Linux you can’t even fully access the CPU or GPU on? A cheap PC would do better.

    aargh, I feel like I’m losing IQ points every time I see this damn story.

  • Anonymous says:

    I don’t suppose anyone has Jack Tretton’s home address and phone number to give me, so I can sue him on my own in small claims court?

    Rhetorical question:
    If he faces spending a business day flying to another state and the cost of a first class (you think he’d fly coach? lolno) plane ticket, vs. the cost of a $3,000 (local small claims maximum) judgment against him, which do you think he would choose as a better use of his time and effort?

    • Anonymous says:

      I don’t care. Money talks louder than words. Suing is the only way you can at least limit the power that these corporations hold. Make no mistake, if they had it their way, we would all be forced to see commericals each time we fire up our console and pay to unlock shit that’s already on the disc, oh wait… Thanks for ruining gaming, jackass.
      It’s people like you putting their heads in some rich execs’ ass that are the root of the problem. You think Sony doesn’t sue everyone looks at them in the wrong way? Because of trivial patents and other people stealing from them what Sony stole from others centuries ago?
      So the regular customer, who paid their own fucking money is supposed to take it up the ass, but Sony can just do whatever they want? Because a company that big can’t do wrong, right? Yes, that’s right. I have a question for you, Dick: Is Sony too big to fail, too? But don’t you worry, you’ll get your shitty Uncharted 3 and generic FPS forty-five. But don’t blame me if you get more then you bargained for. And you will get it all; That’s for sure.

    • Anonymous says:

      If you want to punish a large corporation, there is only one way to do it. Cause them financial damage.

      If the lawsuit was for the return of the OtherOS feature, and Sony lost, they could simply say “Oh well, we took a gamble to see if we could do this, and we lost.”

      Zero damages to the company for the entire incident, and no reason not to try again later.

      • Anonymous says:

        no, If I didn’t use it, I wouldn’t want it

        I paid for a PS3 to play games like Disgaea and Valkyria Chronicles

        I just don’t think it’s worth killing the company for a feature that most people really don’t give two shits about

        • Anonymous says:

          If I didn’t decide on getting an Xbox 360 I would have gotten a PS3 and one of the main reasons why I would have done that is because of Linux. I would have used that as a secondary computer along with game console.

        • Anonymous says:

          if you want to set a precedent fine, but choose an actual important issue

          like with the 360, we have our 50% failure rating (lived through this shit btw)

          why aren’t their any huge lawsuits about that? No one wants to let MS know that they can’t walk all over us with their BULLSHIT?

          what this all boils down to is money. this guy didn’t care about Linux, NO ONE DOES.

          it’s an easy to get program on your fucking computer

          so why the fuck do people feel so butthurt over losing it?

        • Anonymous says:

          It is, however, absolutely worth setting a precedent that it is not acceptable to pull something like this.

          If you don’t care now, it does nothing but set precedent that it is acceptable for a company to remove a feature after the fact. Therefore you should care. It doesn’t matter if it’s a feature you used or not. The truly important thing is to punish Sony for something they should not have done.

  • point is sony has no logic arguments for deleting linux. afaik the only one that they officialy stated is that linux does directly lead to piracy which is simply not true.

    linux gives you huge possibilities. because suddenly you get a machine with the power of a high-class workstation which you can use for stuff unrelated to games. sony probably is afraid that they may loose more thanks to this.

    fact is that users who have or would use linux on their ps3 are such a minority that thinking about that in terms of loss is utterly retarted.

  • Anonymous says:

    My PS3 is the FAT version. Even if Sony loses this… I will not take the money. The PS3 is simply a video game console so removing a feature that doesn’t hamper my games is OK to me.

    In exchange for shitty linux support, I get to play future games.

    It baffles me why people suddenly cared about linux after they removed it.

    Anyway if people cared so much, install this on your pc’s : http://www.ubuntu.com/getubuntu/download

      • Anonymous says:

        Last time I checked, I didn’t buy a gaming console for Linux, something I could get easier on my computer

        I got it for Blu-ray and PS3 exclusives

        you want Linux, go get it at that guy’s link

        but if you want it SO bad, that you’re willing to run a company into the ground for taking it out of their console, then fuck you

        • Anonymous says:

          I had yellow dog on my ps3 and it wasnt the greatest. But really, this isnt about linux, this is about keeping sony honest. They need to know that they cant bully consumers.

          And before anyone says “they didnt have to upgrade” If you want your ps3 to move forward you have no choice but to upgrade.

          Personally, im looking for my receipt tomorrow morning and fulfilling my responsibility as a consumer by trying to get on with one of these classactions.

  • Anonymous says:

    I’m disappointed with Sony’s ham-fisted method of handling the slight security malfunction, there’s honestly little reason to be all that worried about piracy of blu-ray games, they’re too damn big and burners are expensive.

    Most people already know that the OtherOS option added nothing to the cost of the PS3, it could do it so it was allowed, and it also made importing fees cheaper, since it was a multimedia device rather than a console.

    I’m personally more worried about Sony’s new EULA that allows them to change your console however they want, whenever they want, without warning or permission. Sure you agree to it in the EULA, but that gives them far too much freedom, any and all changes should have to be agreed to by the user on an individual basis.

    • Anonymous says:

      If custom firmware gets created then they could add support to play the games off of external USB drives which means they can get a 1 TB for cheap and put all of their games on it.

      The new changes to the EULA are in violation of anti-hacking laws and by contract law that makes the EULA unenforceable. This means that Sony’s EULA has no effect and you don’t have to abide by it. Sony can be brought up on misdemeanor hacking charges if they attempt to autoupdate your PS3 without notice.

    • Anonymous says:

      what if they used what all psp hackers are doing? just flashing the games on said system its not impossible since the ps3 has its own hdd and since most game developers are tiring to support 360 by making shitty games that arnt over 17 gigs just so they can port it on the 360 on 1 disk mean not much of a pain to download and put on the game console since most people have at least an 60 gig hdd, so they can hold up to at least 3 games at once, since almost all non ps3 exclusives are less 12 gigs but thats just me ranting

  • I’ll remain unaffected in this, but I find it fair that Sony receives damage from their update. Legality is relatively unimportant to me, for them to utilize it as an advertising point and then remove it is pure silliness.

  • Anonymous says:

    The plaintiff in the suit is a huge idiot, and to be honest if Sony has halfway competent lawyers then it can prove it was a voluntary choice for all users and the lawsuit should be moot.

    • WarpRattler says:

      No matter how competent Sony’s lawyers may be, they’ll only be able to prove what Sony explicitly stated in the openly-accessible patch notes for the firmware update.

      Yes, you had a choice. You could either:
      -Update and lose an advertised feature (Other OS support).
      -Not update and lose other advertised features (PlayStation Network access, the ability to play any games or Blu-Ray discs that require the new firmware).

      No matter what, Sony’s screwed themselves over. And them changing their EULA with the firmware update after 3.21 to basically state that updates were mandatory certainly isn’t going to help them here at all.

  • Tex_Arcana says:

    The entire argument is absurd.

    I use a Mac computer. Every once in awhile, some software publisher decides to attempt supporting Macs, then thinks better of it in the presence of lukewarm sales. This sort of behavior gives us the term ‘Abandonware’.

    The publishers do not do this because to intentionally contradict themselves, but because the reality of the situation requires less overextension.

    Anyone holding a company to what they SAY they’ll do, and not what would benefit them at any given time, is an Idiot, a condition no amount of reparations can cure.

    • Agreed. They’re dropping support for the Other OS product. They aren’t saying that you cant use it; they are saying if you want to use it, don’t upgrade, as our latest update DOESN’T HAVE IT.

      • Anonymous says:

        ugh another uninformed nitwit. IF you dont upgrade YOU cant use psn, play games online, or play new games and blu ray, they are pretty much forcing you to update, or your screwed.

    • Anonymous says:

      Except linux support was a major selling point of the PS3. By taking that feature away they’re cheating you. It’s like selling something that says “batteries included!” on it that doesn’t actually come with batteries. They’re lying about what they’re giving you, which is illegal.

    • Anonymous says:

      What if they patched away the ability to play games what then? Or teh ability to watch movies what then?

      The entire point of the suing is literally that it lost functions that was announced when peoples bought it, and advertising having them.

      At least in my country it’s a breach of contract of patching things away in this manner.

      • Tex_Arcana says:

        My point is that not that companies should do these things, merely that they WILL. Lawsuits provide a disincentive to offer features at all, not to honor previous commitments.

        A companies commitment should be seen in terms of an attempt at a feature, not a lifelong guarantee of perpetuity.

    • Anonymous says:

      “Anyone holding a company to what they SAY they’ll do, and not what would benefit them at any given time, is an Idiot, a condition no amount of reparations can cure.”

      So does that mean it’s cool for me to pirate PS3 games since that’s what’ll benefit me?

    • The difference is abandonware can still be used, they are locking out the feature all together. It is like if Itunes decided to stop supporting windows, but when they did it they made it so you can still use it if you don’t use the Itunes store or listen to any music that was bought on it.
      I feel this is lawsuit is blown slightly out of proportion, but they are getting rid of it instead of trying to find a way to secure it, because this is because people hacked the ps3 with it.

  • i wonder why everyone is complaining…sony even made it clear that if you dont want to UPGRADE, then dont….the firmware was really clear in stating that when they prompt you to accept or decline.

    if you were going to do linux, you would of done it long ago, and not be a bandwagon jumper at the last moment.

    • Anonymous says:

      I’m more pissed off at the precedent this can set if Sony gets away with it. Think about it, why fix bugs and security holes if you can just remove the whole thing and users be damned.

      And Shiflux you need to read the terms closely. You either bend over and remove the feature or bend over and renounce PSN and any new games.

      • I know, this just shows that if something happens that Sony doesn’t like, they have no problem removing more. If there was an exploit that came out through a custom made blurry movie, who is to say sony wouldn’t just remove BluRay playback? If things continue this way, the consumer is screwed.

      • Anonymous says:

        yeah what shiflux said. they tote this update as optional but it really isnt. your screwed if you dont update because you cant play anymore games online or play the newest games and movies. trying to say this update it optional is BS they are pretty much forcing users to do it

      • Anonymous says:

        The law they are using states that a feature that was present at the time of purchase cannot be removed later(IIRC). Since they were promised BOTH PSN connectivity and other OS support they will have to lose one or the other. Making them choose which one they lose doesn’t make it any more legal.

      • Anonymous says:

        STFU shiflux… As an owner of a PS3 and have used linux on it… There was nothing the PS3 version had that was actually useful as a computer.

        This feature was there for researchers to take advantage of (such as clustering PS3s)… not for playing your emulators.

        Another thing.. linux is open source so i dont freaking get why this will cost Sony money if they lose.

        They might just make linux a PSN download in the future.

  • heh thats why you can’t oppose the Internet, we are the power, we are the lawyers, we cook dinner for you, we rule your country, we are consumers and producers, thats what happens if you dare to pick fight with us, the Internet!

    • Anonymous says:

      And the mayan’s could be right about the world ending in 2 years.

      Will it happen? Not a god damn fucking chance. Unless some country is stupid enough to attack the U.S. or China I suppose..

    • Lord Ryo says:

      I just happen to have my receipt even thou I bought my PS3 when they came out. Although I sure hope Sony wins this, as such a major loss could almost ensure a paid subscription fee for PSN services without the possibility of exclusive features. The features presented in the Linux support weren’t so great that one should go to such extreme lengths to have it restored or even just to get a quick buck. I hugely support Sony in everything they do (as far as the PS3 goes…) so to see them suffer such a loss would be saddening. Sony is too close to dominating this console generation to set them back and force them to rethink future services for it’s faithful fans.

      But since things have already gone this far, if I really am going to be forced to pay for future PSN services due to the greed of another…I want my rebate…

    • Anonymous says:

      It’s accountancy that makes the world go ’round (round round round)
      You can keep your Marxist ways
      For it’s only just a phase
      For it’s money makes the world go round
      (money money money money money money money
      money money)

        • have piracy really make any company close the doors? I think not, by what i see in super famicon and ps1/2 era. Piracy only make a game gain reputation, you know…(same to the music, lol. Real musicians gain money making shows, the recorders companys gain money seeling music). But, a massive number of people claiming in courts 200$ can make a company close the doors…this is just algebra.

        • Anonymous says:

          you dumbass if you know piracy is coming and you know what is going to cause why wait until the hombrew allowing piracy is out to take out linux by that time people would have already switched to the homebrew that allows pirated games

          the way sony did it allows those that truly use linux to keep it legit gamers who dont use linux to continue gaming

          the only people who are upset right now are people who want to pirate games and those who want to play newer games

        • I don’t see why supporting the artists who make the music you listen to is any worse than buying a game to support the company who made it.

          Personally, I pirate music then go out and buy the stuff I know is good(unless it’s RIAA).

        • Anonymous says:

          Just to let everyone know there hasn’t been anything viable released to do with the (hardware) exploit found on the PS3 yet so there is currently no piracy on the PS3. Also when something comes out it looks like you won’t even need linux to use it so not having Other OS on the PS3 won’t stop piracy.

        • Anonymous says:

          It’s not about “seeing” the pall cast by the shadow of the fifty-footer tsunami, then throwing up a ramshackle levi. Sadly, the only effective way to combat piracy is in preemptive strike… The music industry did not take this to heart. Think about it, when was the last time anyone actually PAID for music…?

        • Anonymous says:

          @13:15 06/05/2010

          You’re dumb.

          Bricking it would easily mean, I installed this media software and Sony Bricked my PS3!

          Sony remotely Bricked my PS3 so I would have to buy a slim out of warranty!

          Sony bricked my Blu-Ray player remotely, so I would have to get a HD-DVD player!

          Sony remotely bricked my PS3 so I have to get less USB ports!

        • Anonymous says:

          Maybe Sony could somehow make it so that you could send in your psn or ip address or whatever may be required to locate your ps3, and then enable linux support for those who want it. Then they also send in some sort of program (obviously not in secret) to detect piracy, so that anyone who may abuse it gets their ps3 bricked. That way, Sony doesn’t have to risk rampant piracy while making sure the small fraction of people who do want the service can still receive it.

        • diskonline says:

          Linux supporting which has been disabled is required for piracy currently, so there’s no need to produce piracy basing on Linux supporting anymore, it won’t work anyway.

        • diskonline says:

          Either way, Sony couldn’t avoid heavy lost.

          If they put Linux support back to PS3, then PS3 would receive a heavy lost from pirate.

          Else if they disable Linux support like what they’re going to do, then they should face some refunds.

        • Anonymous says:

          So let me get this straight. all the China news are about poisonous foods/shady construction. Taiwanese news are games copying other works.

          And US? pointless and stupid Lawsuits/ oh and police brutality. ahhhh I see

        • Kyon Theorist says:

          ToS doesn’t hold up in court though. That was you fighting solo against a company. This is a team of lawyers who know they’re going to get a sweet cut of whatever comes out of this, fighting a battle they are sure they can win.

          Even if a refund is given I don’t have my original receipt anymore so it’s kind of a moot point for me.

        • Anonymous says:

          My coin is for Sony. If you would read the “terms of service” agreement it would say that anything and everything about the system (hardware/software) is subject to change at any moment.

          Iv had a fight with the ToS before about the video store on PSN and lost. When my 60gig died (ylod) I lost all of the rights to any videos tied to that system. I spent a little over $200 on anime and movies and I got pissed that my backup wouldn’t give them to me on my slim. But with me agreeing to the ToS I could do nothing but eat all of it.

          You need to read the ToS when ever it deals with money. You only have yourself to blame when you don’t follow the rules, even if those rules change.

      • sirhelmet says:

        this lawsuit is just freaking disgusting, did everyone on here forget that the console price dropped $100 when the slim launched? also would the few dollars every owner would get out of this be worth ruining that expensive system you payed for? if sony loses this battle, they will almost definitely be dropping support for the platform, meaning no more games, no more psn, no more updates. is that what everyone really wants? then its back to paying $8 a month for a mediocre service on a system with a lifetime defect rate over 50%

      • Anonymous says:

        Seriously, I rummaged through my files of receipts to find my ps3 purchase receipts after reading through this article. Yep, purchased last year, well inside the march 2010 scope 😀

        • Anonymous says:

          Those promos are for the PS3 slims, you fucking tard! And if that’s the case, people would sue because it didn’t juice lemons! Sony can do what they want with THEIR software, you own the hardware, not the software. You own a little black box, thats it, your entitlement and ownership ends there.

          Anon 16:32 is right, even if Sony loses, your SOL. What, you get back a fraction of what you paid, your stuck with just the Wii and 360, the PS3 exclusive online titles will be useless, face it, this is a stupid move by stupid people.

        • Anonymous says:

          actually, one or most of the comercials claimed that ¨It only does everything¨ they should have keept to it and now it doesn´t do everything, so false advertising to them too!

        • Anonymous says:

          I tried to tell you pirate fucks that screaming, hey look what I can do, would get you in trouble.

          You people are so fucking greedy and stupid, the OS isn’t what made the PS3 so expensive when it was released, it was the BC. Once they removed BC, prices dropped. I for the love of god, cant find any of these campaigns claiming, HEY, buy our PS3, you can install an OS! That was something people found out about when they researched the system and were hyped about.

          If this dumb ass suit were to end up in favor of dumb asses, then it would ruin Sony, and guess what you shits, no OS, no more online gaming, no future releases, nothing. you PS3 will become a PSone with nice graphics. Not to mention, now no other future console will ever offer this feature again because of all the problems it’s caused.

          You fucking tards lose this war even if you win.

        • Anonymous says:

          Ya know how can Sony get out of this?

          By being smart and…

          RESTORING THE FUCKING OTHER OS!!!

          I don’t like litigation for the sake of doing it, but when companies assfuck consumers the way Sony did, then yes, sue the fucking hell out of them. The Other OS was one of the features I liked the most in my PS3. It was what made me choose it instead of the 360 and was what set it apart from all the other consoles. The PS3 was MORE than a console. Now, it is just a common game system.

        • Anonymous says:

          This is not a feature I used.
          But DTS support for bluray or the upcoming 3D support are ones I appreciate, and these are for free ! maybe Sony should make you pay for this

        • Anonymous says:

          “that means your PS3 has one less feature, that means the cost of the unit should have that features’ cost removed.”

          I think an argument could be made if the price of the PS3 was lowered because Linux was taken out, but it has stayed the same. The only thing that lowered the price was the cut of components, and the emotion engine chip which removed backwards compatibility. If there update would remove backwards comp, I believe you’d have a case. Plus, you were given the option to remove it yourself. They reserve the right to deny access to PSN at any time, part of the ToS you sign up for, one of them being that you must have the latest system update.

        • Klingengeist says:

          Well thats Sony for you, they just suck and ill laugh if they really have pay billions. ^^

          Only got PSX and remember how they threatened merchants selling imported games that were not available in europe…
          Sue the Hell out of Sony!

        • I do agree with Anonymous 02:06 07/05/2010 on this one there is a lot of potential in the system that Sony created.There reason for there doing this is because of the fear of people would exploit the system I seen a video of a guy installing Aim bot to play Call of Duty:Modern Warefare 2 just by using OS on a PS3 and manage to use it I guess Sony had some complaints about this on the forms that Sony had no choice to enforce it by eliminating the feature.

          As for PS3 I do agree It should feature backward compatibility just to play old PS one and two games ;I did find out they do have the few old psone games for download on the Playstation network for example Final Fantasy 7 which you have to play for 9.99 plus tax.

        • Anonymous says:

          Why not? It doesn’t matter if the user either does or doesn’t use the Linux OS, Sony designed the PS3 with that feature. by its removal, they are denying you a feature available to you when you first bought your console.

          that means your PS3 has one less feature, that means the cost of the unit should have that features’ cost removed.

          I really hate it when they make great machines like these then ruin it by denying it its full capacity and potential.

        • Anonymous says:

          @ 00:57 07/05/2010

          Don’t be a friggin sheep man. You have the rights the get what you paid for, what Sony did was a stupid, lazy-ass move. If they were afraid of piracy comming to the PS3 (wich still had a long way to go and was highly unlikely), they could just have fixed the bug wich allowed it. But instead, they decided to remove a feature wich you PAID for.