Bricked Consoles Spur Suit Against Sony & Square Enix

June 7, 2010 -

Square Enix and Sony Computer Entertainment of America have been hit with a class action lawsuit filed by a San Diego gamer upset over a glitch in Final Fantasy XIII that can cause PS3 consoles to freeze up and become useless.

The lawsuit, which was filed on the behalf of all similarly situated US owners of Final Fantasy XIII for the PS3, alleges that SCEA and Square have been so busy blaming each other for the bricked PS3s, that they haven't remedied the problem or repaired the bricked units (or are charging users for the repair).

The suit alleges numerous violations of California law, including the Unfair Competition Act, the Consumer's Legal Remedies Act, and that the systems breached express and implied warranties. In addition to the contractual and consumer law claims, the suit also pleads claims of negligence and unjust enrichment.

Interestingly, the 28 page complaint cites various posts on Sony's forums as evidence that Sony was aware of the brickings immediately after the Final Fantasy XIII launch.

At this time, neither Sony nor SCEA has commented on the lawsuit. A copy of the Complaint can be viewed here (PDF).


Dan Rosenthal is lawyer and analyst for the video games industry


Comments

Re: Bricked Consoles Spur Suit Against Sony & Square Enix

Well, no matter who loses in a Class Action Lawsuit, the only ones who win are the lawyers for both sides.

Anyway, where can I learn more about this problem?!? I just finished RDR last night and was getting ready to get back into my FFXIII game, then I see this article that it could brick my system? Where may I go for more info (I'm at work, so Google Fu isn't my friend at the moment. I can search when I get home).

Re: Bricked Consoles Spur Suit Against Sony & Square Enix

It's far too early for that. It is the kind of case that one could expect to settle, however, there is likely to be some wrangling between SCEA and SE as to who is primarily responsible for the damage. If one party is less or not responsible, I'd expect them to contest the issue. 

-- Dan Rosenthal

-- Dan Rosenthal

Re: Bricked Consoles Spur Suit Against Sony & Square Enix

 Thank you Mr Rosenthal.

Re: Bricked Consoles Spur Suit Against Sony & Square Enix

 Would Mr Rosenthal care to comment on the likely success of this case?

Re: Bricked Consoles Spur Suit Against Sony & Square Enix

 Final Fantasy XIII seems to be becoming a case study in 'things going wrong with the industry'...... starting with a lesson you think companies would have figured out by now... 'if you are developing a game for one console and that console falls out of favor, do not try to salvage what you have done and paste it into another console.  this never works'.

Re: Bricked Consoles Spur Suit Against Sony & Square Enix

Uhh the 360 port has nothing to do with the lawsuit in hand.

http://www.magicinkgaming.com/

Re: Bricked Consoles Spur Suit Against Sony & Square Enix

Lol, yeah, which I find hilarious.  When FFXIII first came out, PS3ers were trying to kick the "console wars" into full gear by mocking the XBoxers for the ever so slightly lower resolution of CGI movies, and for having 3 discs instead of one.

But the XBox version of the game runs perfectly, and the PS3 version can kill your system.  I just love the irony.

Re: Bricked Consoles Spur Suit Against Sony & Square Enix

"I just love the irony."

At least this one can be avoided by simply not playing FFXIII, unlike the XBox 360 RRoD, which people are still getting...

Re: Bricked Consoles Spur Suit Against Sony & Square Enix

I do not think thats the problem sony offers decent cross console(360) development support. So I think its more to do with how fickle the hardware is.

 

Besides the BR lens which seems to be hunted by DREs besides that the system has some nasty firmware quirks.


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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: Bricked Consoles Spur Suit Against Sony & Square Enix

 Yeah, Sony has its own sins to answer for here... a game, no matter how buggy, should not be able to brick your hardware unless it had something crazy like a firmware writer embedded in it.

Though I also in a way blame game universities.  They have, in many ways, started teaching console development like a branch of PC development rather then the embedded system it is... plus they try to churn out devs as quickly as possible so they only barely touch on complex topics like writing thread-safe code or working in resource constrained enviroments.  That was something that really annoyed me about coders complaining when the PS3 first came out.. they were completely unprepared for thinking in terms of multi-processing enviroments (that did not automagicly hide the details for them) and blamed Sony.

 
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ZippyDSMleeWhy bother with an HD relese just repack the damn thing and promote it since it will play on the WIIU anyway....08/01/2014 - 7:04pm
Andrew EisenPlus, with Nintendo carrying the Wii U almost all by itself, it could help plug one of the unfortunately inevitable release schedule gaps.08/01/2014 - 3:23pm
Andrew EisenAn HD re-release would be cool though. It's a great game (and quite the looker, especially when up-rezzed) and more people should play it (the game had a limited release at a time when the Wii was all but dead an buried).08/01/2014 - 3:21pm
E. Zachary KnightSo no, people are not going to need to play the Wii game to undstand or enjoy the Wii U game.08/01/2014 - 1:27pm
E. Zachary KnightFrom what I understand, the two games have as much to do with eachother as Final Fantasy and Final Fantasy 2.08/01/2014 - 1:26pm
MaskedPixelanteIt's my secret hope that Nintendo announces Xenoblade HD to be released in the leadup to Xenoblade Chronicles X, or at least a mass market version of the first game so that people aren't going into this one blind.08/01/2014 - 12:40pm
PHX CorpI'm going to do a test stream later today, if anyone is intrested07/31/2014 - 2:40pm
Andrew EisenYes, I'm such a big Nintendo dork that I read Nintendo's quarterly financial reports.07/31/2014 - 2:09pm
Andrew EisenCool tidbit - Mario Kart 8 sales account for more than half of total Wii U software sales for the last quarter even though it was only available for the last third.07/31/2014 - 2:09pm
Andrew EisenStill a pretty cool promotion. Unfortunately for me, I'm not interested in purchasing Mario Kart 8 and I already owned or didn't want any of the free games on offer.07/31/2014 - 1:43pm
Andrew EisenInteresting that EU had 10 games to choose from while North America only had four.07/31/2014 - 1:41pm
MaskedPixelanteIt certainly worked, I probably would never have bought Mario Kart 8 if it didn't come with a free copy of Wind Waker HD.07/31/2014 - 1:14pm
Andrew EisenI imagine will see similar promotions like "Buy Mario Kart 8 get a download code for one of these specific games" but almost certainly not for all of its (however you would define) biggest releases.07/31/2014 - 11:24am
MaskedPixelanteI wonder if Nintendo is going to be doing "buy one get one free" promos for all their biggest releases going forward.07/31/2014 - 10:48am
MaskedPixelantehttp://www.mcvuk.com/news/read/special-report-retail-revolt-over-pc-code-strippers/013614007/31/2014 - 8:27am
ZippyDSMleeWouldn't they be able to afford and get done in a timely manner a general gba emluator for the 3DS? It seems to me if they want to make money off sales they need to do it.07/31/2014 - 7:25am
Sora-ChanAmbassador program, that's what I was looking for. Anyway the other games that have been made no longer exclusive to the early adopters got updates in their software. It'll only be a matter of time more than likely for the GBA to get the same treatment.07/31/2014 - 5:35am
Sora-ChanI might be naming it incorrectly when I say "founder" i mean the program for earlier adopters.07/31/2014 - 5:34am
Sora-Chanthe 3DS's GBA emulator was a rush job due to the founder program. No other GBA titles have been released on the 3DS yet. If/When they do get around to it, they'll more than likely update the emulation software.07/31/2014 - 5:32am
Zenemulator...it's not just a slap job that makes "some" work..they do it for each which is why they work so well. I would rather have the quality over just a slap job.07/30/2014 - 5:48pm
 

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