Removal of “Install Other OS” PS3 Feature Spurs Class Action Suit

April 29, 2010 -

Sony’s decision to remove the “Install Other OS” feature from its PlayStation 3 via an April 1 firmware update has resulted in a class action suit filed against the electronics giant.

Anthony Ventura filed the complaint in the United States District Court for the Northern District of California on April 27. The complaint labels the disablement of the feature. "... not only a breach of the sales contract between Sony and its customers and a breach of the covenant of good faith and fair dealing, but it is also an unfair and deceptive business practice perpetrated on millions of unsuspecting consumers.”

The suit is brought on behalf of all consumers who purchased a PS3 between November 17, 2006 and March 27, 2010. Ventura bought his PS3 “in or around” July 2007 for $499.00 and claimed that he did so because of the now removed feature.

The complaint alleges that Sony promoted the “Install Other OS” feature as a selling point of the console, which helped to “distinguish the PS3 from other gaming consoles.” It was also pointed out that the PS3, with a retail price of $599.00, was “the most expensive gaming console available… in part because it is capable of far more than merely playing games at home.”

Also featured in the complaint are a variety of quotes from Sony executives touting the PS3 as more than a console, including one from the “Father of the PlayStation 3” himself, Ken Kutaragi, who said about the PS3, “It is clearly a computer.”

The complaint notes that users are technically not forced to install the firmware update that disables the “Install Other OS” feature, but that not doing so effectively cripples the console, eliminating the ability to play games online to access the PlayStation Network or to play new Blu-Ray discs.

Ventura has chosen not to update his PS3.

The plaintiff seeks “appropriate remedies” for all class members, including “restitution and disgorgement of all profits unjustly retained by Sony.

Grab the full complaint here (PDF).


|Via ZDNet|


Comments

Re: Removal of “Install Other OS” PS3 Feature Spurs ...

 

When I bought my PS3 in the summer of 09 I knew Sony was coming out with a new model with more HDD Space but I choose the earlier model because as we all know each new PS3 version comes with less features. Even though both models were now the same price I choose to go with the earlier model. This is like Sony coming in and removing PS3 support from all the earlier models.
 
The guy and everyone else who bought a PS3 with the option of using Other OS if we succeed in the lawsuit we will not be getting much money at all back but Sony will be hurt because of this move. I do use the Other OS mode but who knows if I would have used it in the future? Again it’s the reason why I choose the earlier PS3 model rather then the newer one when the price drop hit the market.
 
Sony was in the wrong for this one and Sony needs to pay for their mistake and reward all PS3 owners who have been affected. It would have been nice to get at least a $20 dollar or more credit on my PSN account but Sony’s upper management went ahead and messed with the customer again pissing them off. So far this year and the end of 09 was some good times for the PS3 at least but it seems like Sony is ‘Shooting for the Sun’ again…..

Re: Removal of “Install Other OS” PS3 Feature Spurs ...

Would this be relatable to what happened with L4D?  I mean, they promised years of support of the game, then changed their mind and released a sequel one year later.

I'm asking seriously, not being a jackass.

Re: Removal of “Install Other OS” PS3 Feature Spurs ...

 

No.

Valve simply released a new product, without interfering with the functionality of the old one. Yes they promised new dlc which never came out, BUT they didnt remove any of the features that were part of the sold product.

Sony DELETED an advertised feature that was until recently available on all PS3 systems and are indirectly forcing all owners to download the patch that deletes "Other OS" , and now Sony has pissed off those who bought the system at a high price for that feature.

 

Re: Removal of “Install Other OS” PS3 Feature Spurs ...

Hve they removed support the game? Dose it still work on steam?Can it still be played?


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Re: Removal of “Install Other OS” PS3 Feature Spurs ...

They should tact on backwards compatibility to this.....


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Re: Removal of “Install Other OS” PS3 Feature Spurs ...

The difference between this and BC is that they never removed the BC from existing consoles, they simply stopped manufacturing consoles with the ability. At that point, it was made clear that the new consoles wouldn't have it, just like when they released the Slim versions and removed the Other OS option from them. It's a whole different ballgame from what they're doing now, which is retroactive removal of an advertised feature from all versions of the system, not just the newly manufactured ones.

Re: Removal of “Install Other OS” PS3 Feature Spurs ...

Unruly

 

Its not made that clear that it can not play PS2 games.......


Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

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Re: Removal of “Install Other OS” PS3 Feature Spurs ...

Actually, they made the announcements about new models not being able to play PS2 games, and it states on the box that it can't play PS2 games. The back of my PS3 box(40gb fat) clearly states under the "Compatible Software/Media" section that "This system is designed to play Playstation 3 format software and has limited backwards compatibility. This system is not compatible with and will not play Playstation 2 format software. Some Playstation format software may play on this system. For more information visit www.us.playstation.com."

And, like I mentioned earlier, it's a completely different matter since they never removed the BC from existing consoles like they're doing with Other OS. That original 20/60/80gb PS3 that you bought will still play PS2 games even though the new 40/80/120/Slims won't. It's also why no one took them to court over Other OS on the Slim, since they made it known that the Slim wouldn't have that ability from the very start, but the fats were still able to.

Re: Removal of “Install Other OS” PS3 Feature Spurs ...

Which would be a false / misleading advertising claim, not related at all to removal of an existing feature on all customers

 

Re: Removal of “Install Other OS” PS3 Feature Spurs ...

Doesn't it show a history of being irresponsible to the consumer by removing features in the model line?


Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

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Re: Removal of “Install Other OS” PS3 Feature Spurs ...

A failure to mention a feature that does not exist is not an offense. It's not made clear that it can't play Wii games either. Ar you going to try to start an uproar over that as well?

Re: Removal of “Install Other OS” PS3 Feature Spurs ...

The PS2 could play PSX games, the original PS3 could play PSX and PS2 games the "new" PS3 can play PSX games, there's nothing confusing or wrong here move along move along......

 

not.....


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Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

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Re: Removal of “Install Other OS” PS3 Feature Spurs ...

They can't.

The feature was removed from new consoles, not old ones.

 

Re: Removal of “Install Other OS” PS3 Feature Spurs ...

Too bad no lawsuits came out over the removal of backwards compatibility. That's one of the selling points for me on that console.

I woudln't use Other OS myself, but it's one of those where it's nice ot know it's there if I want to try it.

Re: Removal of “Install Other OS” PS3 Feature Spurs ...

They never removed that from already existing consoles, though, did they? Sucks for those who wanted it and weren't early adopters, but at least everyone who bought a PS3 with BC still has it working today.

Re: Removal of “Install Other OS” PS3 Feature Spurs ...

 Exactly the reason I bought the most expensive ps3 when it was first released was for the BC and Install Other OS.  Those two things set it apart to me from the xbox 360 so I spent the extra money for those.  Now Sony has decided that screw you we will just take Install Other OS away how long before they claim Hey screw you BC is a threat taking that away too.

 

Also I loved how they sent me an email trying to get me to agree that they have the right to disable features on my box and if I don't agree I can't use their Playstation Network.  Found that funny because I already can't use their network due to the refusal to install the "optional" firmware update.

Re: Removal of “Install Other OS” PS3 Feature Spurs ...

True, if the removal of the Other OS feature is allowed to go unchecked, it sets the precedent that Sony can remove BC (or pretty much any other feature) as well if for some reason they want to. My point was that, at least as of right now, they have not removed the BC from consoles that were sold with it, and thus, it is not currently worthy of a lawsuit.

In my view, if a company wants to change the features included on a newer version of a product, they are generally within their rights to do so, as long as they are clear about what if any features are being removed so that any potential customers know what they are getting into beforehand. Removing features from existing products already sold, though, is completely unreasonable.

Re: Removal of “Install Other OS” PS3 Feature Spurs ...

Disabling PSN kinda takes the "optional" right out of that sentence, and since they want you to buy new games(especially giving what certain idiot publichers have said abotu used games) I can see them disabling BWC as a way to force you to buy new.

Re: Removal of “Install Other OS” PS3 Feature Spurs ...

Frivilous lawsuits like this make me wish California would fall off in the ocean.  Frivilous lawsuits cost the state millions of dollars per year and this state is the most in debt... 

Don't lie, all these people want is money.  If they were actually serious and righteous, the lawsuit would demand that Sony readd the feature.  Also these people need to explain where Sony had Ads stating the feature as a main selling point.

http://www.deathvanquished.com

Re: Removal of “Install Other OS” PS3 Feature Spurs ...

Actually, in Class Actions, the plaintiffs most likely wouldn't receive a great deal of money.  It's not even likely that they would receive an equitable amount to what they actually spent on the system itself.

But, with a large number of individuals bringing a claim in one large case, Sony would have an option of either settling the case or, as an alternative, creating new firmware to restore the Other OS option.

Additionally, a Class Action lawsuit can, in fact, REDUCE the cost to the state because a large number of seperate cases would involve a lot of court time, translating into a larger amount of money, than a single court case handling all the the individuals suing.

And, realistically, the evidence is pretty strong.  It's far more than a simple circumstantial case here.  Sony stepped in it when they promoted the system based on that Other OS capability.  Now, it's a matter of reneging on those promises that encouraged individuals to actually purchase the system early on.

Think of it this way too:  A great many individuals bought GM vehicles because of the offered OnStar service.  After a year or two, GM decides they no longer want to offer OnStar any longer and the system is entirely disabled.

Wouldn't you, as a GM customer, feel that you had been betrayed by GM if the major selling point that you purchased the GM vehicle, OnStar, was suddenly discontinued, for whatever reason?

Nightwng2000

NW2K Software

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Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

Nightwng2000 NW2K Software http://www.facebook.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

Re: Removal of “Install Other OS” PS3 Feature Spurs ...

It's an even bigger "fuck you" if you already have it in, use it, and suddenly you can't because the company decided you didn't want it.

Re: Removal of “Install Other OS” PS3 Feature Spurs ...

Not really a frivolous lawsuit. These people paid for a console with a certain feature and that feature was retroactively removed.

That feature was listed on the box and Sony advertised it in most press releases listed the other os feature as a primary feature.

E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma

Re: Removal of “Install Other OS” PS3 Feature Spurs ...

While this is true, that isn't what they're suing for.  They're not suing for false advertising, but breach of contract.  Since there was no express or implied contract stating that an advertised feature would never be removed, it really isn't breach of contract.

---

With the first link, the chain is forged.

--- With the first link, the chain is forged.

Re: Removal of “Install Other OS” PS3 Feature Spurs ...

You know what, jedi? I don't think you're fundamentally an ignorant or stupid person. You just insist on opining on matters about which you refuse to educate yourself beforehand.

Did you read the article? Did you miss the part that says the plaintiffs allege in their complaint that disablement of the Install Other OS feature is "not only a breach of the sales contract between Sony and its customers and a breach of the covenant of good faith and fair dealing, but it is also an unfair and deceptive business practice perpetrated on millions of unsuspecting consumers?” And the part about how they allege that "Sony promoted the 'Install Other OS' feature as a selling point of the console?" You must have missed all that because, if you hadn't, you wouldn't be talking all that dumb shit about them not suing for false advertising and only suing for breach of contract. FYI, both California's and the federal "false advertising" statutes are facially cast as "unfair trade practice" statutes. They both provide that any false or misleading statement made in furtherance of the sale of a product is actionable. The plaintiffs, contrary to your ill-formed opinion, are suing for not only breach of contract but also for breach of the covenant of good faith and fair dealing and also for what is essentially FALSE ADVERTISING.

Furthermore, the covenant of good faith and fair dealing is (as I've tried to explain to you before) implied by law to every contract. Therefore, regardless of the facial terms of the contract between Sony and a purchaser, if post-sale disablement of the feature is proved to be in fact done in bad faith or unfair dealing . . . I think you're bright enough to figure out the rest on your own.  

If you gave yourself half a chance, I bet you wouldn't be so wrong all the time. Give it a try. 

 

Re: Removal of “Install Other OS” PS3 Feature Spurs ...

Well here's the thing. Normally when a computer supports something, it will keep supporting that. It's kinda weird to assume that when the hardware doesn't change, you suddenly can't do X anymore.

Re: Removal of “Install Other OS” PS3 Feature Spurs ...

That isn't totally true, either.  How many times have people installed new drivers for their graphics cards and they can't play older games?  No, it isn't the same, per se, and please don't mistake what I'm saying as support for what Sony did - as I don't in any way.  I'm just pointing out a mistake as I see it in the argument for the suit.

---

With the first link, the chain is forged.

--- With the first link, the chain is forged.

Re: Removal of “Install Other OS” PS3 Feature Spurs ...

And yet, those instances tend to be accidental, not intentional.

Unless you can find me a graphics card design company who intentionally builds a card that supports Game X, then releases a driver update that then intentionally keeps you from playing Game X, then maybe your analogy would hold up.

Re: Removal of “Install Other OS” PS3 Feature Spurs ...

I doubt the gut will win but altease this show that its consumers will not stand for removal of features like other OS

http://www.magicinkgaming.com/

Re: Removal of “Install Other OS” PS3 Feature Spurs ...

i wish this kind of upraor had been made when they remove BD-J, which was also an advertised feature.


Re: Removal of “Install Other OS” PS3 Feature Spurs ...

Very interested to hear Sony's response.

 
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