Opposable Thumbs / Gaming & Entertainment

Judge dismisses “Other OS” class-action suit against Sony

A class-action lawsuit against Sony for removing the "Other OS" features of …

Sony removed the ability to use the "Other OS" feature of the PlayStation 3 through a firmware update last year, and this made a small—but vocal—group of gamers very upset. A judge has thrown out a class-action lawsuit trying to hold Sony accountable for these actions, stating that the legal case has not been made proving why Sony is in violation of its agreements with consumers.

"The dismay and frustration at least some PS3 owners likely experienced when Sony made the decision to limit access to the PSN service to those who were [un]willing to disable the Other OS feature on their machines was no doubt genuine and understandable," Judge Seeborg wrote. "As a matter of providing customer satisfaction and building loyalty, it may have been questionable."  

The problem is that the plaintiffs could not prove that they were entitled to an ongoing relationship with Sony after the date of purchase, and they had the option of turning down the update and continuing their use of their Linux installations. "As a legal matter... plaintiffs have failed to allege facts or articulate a theory on which Sony may be held liable," Judge Seeborg wrote.

This has to be comforting to Sony, which is now protected against class-action lawsuits by a clause in the PlayStation 3 terms of service that removes consumers' right to sue and take part in class-action suits altogether. Gamers could opt out, but with the requirement of a physical letter being mailed, it's doubtful large numbers took the time and effort.

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