Sony Sued Over PS3 "Other OS" Removal 546
Stoobalou writes "A Californian Playstation 3 user has filed the first class action lawsuit against Sony over removal of the 'Install Other OS' function from the Playstation 3. The action seeks to redress Sony's 'intentional disablement of the valuable functionalities originally advertised as available with the Sony Playstation 3 video game console.' The suit claims that the disablement breaches the sales contract between Sony and its customers and constitutes 'an unfair and deceptive business practice perpetrated on millions of unsuspecting customers.'"
File a complaint, don't just talk (Score:5, Informative)
You should also file a complaint at your own national consumer agency. I asked the store I bought my PS3 from to restore the Other OS function or offer a refund on the product because the ability was stated in the box. In this case the seller is breaking the law if such stated features are later removed.
They initially refused to offer a refund, so I filed a complaint to the consumer agency. It's important you try to talk with the seller first, and if both parties don't come into a good conclusion, then file a report. They contacted the seller, who then again contacted me and asked me to return the PS3 and they would give me a full refund.
I'm sure stores will first try to say that they cannot offer a refund and it's up to Sony, but if law states they are liable, just take it a bit further and you will get a refund. It will teach Sony a lesson too.
Re:File a complaint, don't just talk (Score:4, Insightful)
"It will teach Sony a lesson too."
You know what lesson it will teach Sony and every other console maker? To make everything but the barebones ability to play games (that require no network connection) an option not included included with purchase of the base unit. Sure, they might offer free unlocks for some abilities but those won't be on or in the packaging of the console itself.
Re:File a complaint, don't just talk (Score:5, Insightful)
You say that as if its a bad thing...I would bet that the majority of gamers would rather have a less expensive console purely for gaming than the expensive swiss army knife consoles we have today....why do you think the Wii is absolutely crushing the PS3 and 360.
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Quite dead on.
The Wii is, IMO, best described as a "party console". The games require little, if any, training time to "compete", and competing at the games is actually not the main point of playing. Playing is. Watching the others gyrate and try to hit some ball or whatever with the wiggly stick. It's not about precision, it's not about good timing, it's all about fun. And that fun doesn't come from "beating" a game, not even from beating the other gamers, the console actually takes a back seat when it com
Re:File a complaint, don't just talk (Score:5, Insightful)
I don't think you realize exactly what Sony did here. Back when they were fighting the war against HD-DVD, they loved these Linux sales. Every user who bought a PS3 for reasons besides playing games was listed on the headcount of active Bluray players, and therefore served their master plan to kill off their competitor though showing superior market share.
Now that said competitor is gone, they'd prefer not to sell to or support those users, and so they're just killing them off. Sony has finished with using them now and now is actively fucking them over. All of us who leaned toward buying a PS3 due the Linux feature have been intentionally played here.
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Consumer agencies aren't bad, but a better group to focus on, at least in the U.S., are the state district attorneys. Most states have laws criminalizing bait-and-switch tactics. You don't get to sell a product claiming it can do functions X, Y, and Z then fix it so it can't do function Z long after you've been paid. Criminal charges would take the issue to a whole new level and could set a clear legal precedent that this kind of crap is unacceptable. State attorneys general, also, tend to be young, amb
Re:File a complaint, don't just talk (Score:5, Funny)
"class action those motherfuckers into honesty."
Legendary one-liner of classical proportions that even Dirty Harry can't top!
Re:File a complaint, don't just talk (Score:4, Informative)
I love class-action lawsuits. I get lots of free money:
- $25 from the U.S. versus RCA, Sony, et cetera
- $75 from U.S. v. Paypal
- ~$4000 from U.S. v. Equinox (of course I actually gave them $10,000 so that was a bit of a loss)
And so on. I wonder what I'll get out of the PS3 class action deal?
Re:File a complaint, don't just talk (Score:5, Funny)
I love class-action lawsuits. ... I wonder what I'll get out of the PS3 class action deal?
A coupon good for $12.50 at any sony store, and if you are lucky best buy.
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If you aren't lucky, you get two $12.50 coupons to best buy~
Re:File a complaint, don't just talk (Score:5, Interesting)
Not far off the mark. I had two "leftovers" gift cards for BB once - one had like 5 bucks and change, one about 10 bucks.
Tried to put them both down for a game that was marked down on sale to $20. First they hassled me over using them on a sale item. Then they tried to say I could only use one gift card per item so I'd need to buy another item.
If it were coupons, maybe. But they were fucking GIFT CARDS. Worst Buy had already taken the ACTUAL MONEY that they represented, from the gift giver.
Haven't bought anything from Shit Buy since. Not worth the fucking hassle.
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I love class-action lawsuits. I get lots of free money:
- $25 from the U.S. versus RCA, Sony, et cetera - $75 from U.S. v. Paypal - ~$4000 from U.S. v. Equinox (of course I actually gave them $10,000 so that was a bit of a loss)
And so on. I wonder what I'll get out of the PS3 class action deal?
If Sony plays it smart, all you will get is an offer to return your PS3 for a refund of your purchase price. So few people will actually follow through on the offer that it will be cheaper for Sony than settling and offering a cash payment for each PS3 owner.
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I would probably take them up on the offer. If you payed ~$600 for an original ps3, you can get a new slim ps3 and ps2 for that and still have money left over.
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Did you notice that you were replying to an anecdote about the agency in question getting results?
ps. Another thing that pops to mind: Maybe you are from the USA, while not everybody else is?
Re:File a complaint, don't just talk (Score:4, Funny)
Maybe, but who better to file a lawsuit than an American. They have taken the whole Damages and compensation to astronomical levels. If THAT doesn't scare Sony into honesty, they have balls of solid Carbon fibre wrapped titanium.
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They've also taken the whole 'screwing with consumer rights' thing to astronomical levels. You can sue the crap out of Sony, but they might turn out to be allowed to take your immortal soul, first-born child, and Linux running functionality.
Re:File a complaint, don't just talk (Score:4, Informative)
The Australian Competition and Consumer Commission (http://www.accc.gov.au/) is great for smacking down organisations that try to rip off the consumer. Anyone can file a complaint with them about any corporation that is breaking the laws regarding competition, advertising, sales, customer relations, returns/exchanges/refund, etc, they will investigate and they will fine (can be quite large fines too) the company in question if the situation is not rectified (or the breach is big enough to warrant the fines even with a rectified situation).
The only thing they have been soft on (but appear to be acting on now) is the pricing of petrol which tends to get more expensive on Thursday->Saturdays and during holidays/long weekends and go down on the rest of the time and the apparent price collusion between the big oil companies to help maintain profits and drive independent petrol stations out of business.
You guys in the USA tend to reject any sort of government involvement in anything because you tend to only have regulations and laws which are biased towards the companies/corporations and give the consumers the short end of the stick. If you actually got some decent laws and regulations rather then the crap you get now, you probably wouldn't have caused a global recession.
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The weekly price cycle for petrol in Australia isn't really supply/demand related, there is no supply shortfall on weekends nor any great increase in demand.
The reason it exists is for price differentiation, to extract as much money as possible from the various sections of the customer base.
In a supermarket you'll see multiple packets of
Re:File a complaint, don't just talk (Score:4, Insightful)
Re:File a complaint, don't just talk (Score:4, Insightful)
IMHO, the question here is : did Dell *disable* OS/2 on your (probably old) machine that had been running OS/2 for quite a while already and at the time was sold as "runs OS/2" ?
Didn't think so.
Frankly I can think of quite few people (hobbyists, scientists, ...) that went for a PS/3 *because* it is (probably!) one of the most accessible CELL-based machines around. Having it also do games is an added bonus, or vice versa. I'm not sure on how the DoJ will look upon this, but IMHO Sony did indeed steal functionality away from the user with their move.... few will mind, I'm sure 99% of PS/3 users never understood let alone used said functionality, but then again, it was there for everyone who bought a machine to use, and it was advertised as such too !! I remember at the time it surely helped their 'Hey Sony is playing the nice guy by allowing Linux on their new machine!'-image. First disappointment probably was the hyper-visor and the 3D Gfx not being accessible, and now this... I think it's sad.
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Oh I see what you did there. You don't have a rational argument, so you just made some stupid shit up.
This is much more like a bios update for a PC with no expansion slots that makes you choose between Internet access & being able to run Linux.
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i would actually pay extra for that feature...
Re:File a complaint, don't just talk (Score:5, Funny)
Re:File a complaint, don't just talk (Score:4, Insightful)
>>>This comment makes me feel like your whole reasoning behind this was to "teach the store a lesson."
Given how many times consumers get screwed by corporations or mega-stores, I agree they need to be taught a lesson. The law is the law and applies to everyone, even corporations. I bought underwear that was supposed to be size medium, but actually had small inside. No big deal, but when I asked for an even exchange they said my receipt was past the 60-day return limit so "sorry we can't exchange sizes".
If your viewpoint I guess I should have just rolled-over and let myself be screwed.
Instead I contacted my credit card, told them what happened, and they reversed the charge on the basis of the merchant not fulfilling contractual obligations (selling the product advertised). So to the Grandparent poster I say: Bravo! You stood up for your rights and enforced the law as written - you wanted a PS3 + Third Party OS and they took that away from you. Perhaps if more of us did that, we wouldn't keep getting trampled underfoot by the likes of Goldman Sachs or the Congress.
Re:File a complaint, don't just talk (Score:4, Insightful)
Given how many times consumers get screwed by corporations or mega-stores, I agree they need to be taught a lesson.
Right, right, but what the fuck was the lesson?
CIA Superior: What did we learn, Palmer?
CIA Officer: I don't know, sir.
CIA Superior: I don't fuckin' know either. I guess we learned not to do it again.
CIA Officer: Yes, sir.
CIA Superior: I'm fucked if I know what we did.
Seriously, identify the next similar situation for me. I'd like to know how, as a vendor, you prevent something like this from happening. The way I see it, you have two options. 1) Stop selling, as I said in my OP, anything with a network interface. Or, 2) keep selling them because they sell ridiculous volumes and eat the cost when the company responsible puts you in a tough spot, since you're still filthy fucking rich from it.
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The lesson is:
Stop selling Sony made products. If A few major retailers did this, Sony would change their tune, or at least go about it in a responsible manner.
Also, the vendor can then sue Sony.
If best buy, wal-mart, and frys just didn't place an order for any Sony good for one month, Sony would behave, anmd probably put this feature back in.
Re:File a complaint, don't just talk (Score:5, Insightful)
1) You call the 1-800 Sony line and get Prakesh on the other line. For all you know he sympothizes with you but is powerless to do anything. He can't give you back Other OS, he can maybe apologize and bring it to management who proceeds to ROFL (yes, on the floor) and then scrap your complaint.
2) You take your purchase back to Best Buy: under law they are forced to return your price and then duke it out against Sony about the return charge.
Who do you think Sony listens to? Joe, who is upset with their firmware on the line, or Best Buy USA whose upper management is yelling at you because they got a surplus of PS3s that they've been forced to refund because of your shit decision?
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>>>I'd like to know how, as a vendor, you prevent something like this from happening.
Isn't it obvious? When a customer comes into your store and says, "My PS3 no longer runs linux. I'd like a refund," don't push the customer out the door. He will simply call-in the Consumer Protection Agency and get you, the vendor, in trouble. That's the lesson.
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Can you tell us who the credit card issuer was, because I'd like to research switching a card to them. I'm curious what card issuer would have honored a request like that more than 60 day
Re:File a complaint, don't just talk (Score:5, Insightful)
P.S.
>>>they can't "restore the Other OS function" any better than you can. What lesson are you trying to teach them?
(1) Obey the law even if you don't like it. (2) If enough merchants like Walmart, Kmart, Sears, et cetera lose money due to refunds on Sony's products, then THEY will sue Sony for damages causes to their businesses. And they have far more power than we do to make Sony hurt.
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Next time they may remove a funcionality you do care about.
Which brings to mind the old statement:
"THEY CAME FIRST for the Communists,
and I didn't speak up because I wasn't a Communist.
THEN THEY CAME for the Jews,
and I didn't speak up because I wasn't a Jew.
THEN THEY CAME for the trade unionists,
and I didn't speak up because I wasn't a trade unionist.
THEN THEY CAME for me
and by that time no one was left to speak up."
Besides, they won't remove the Blu-ray feature, however they may remove the ability to play BD-R's, though I hope they keep their grubby little mints o
Re:File a complaint, don't just talk (Score:5, Informative)
Well, Sony certainly "advertises" it in their manual:
http://www.playstation.com/ps3-openplatform/manual.html [playstation.com]
http://www.playstation.com/ps3-openplatform/index.html [playstation.com]
http://manuals.playstation.net/document/en/ps3/3_15/settings/osinstall.html [playstation.net]
Choice quote from the second link:
It may not be on the box, but it's certainly documented on Sony's own websites
Why not just ask for a $50 refund? (Score:4, Interesting)
That's what an EU citizen did. It came out of amazon's pocket if I recall correctly, and I'm sure they then charged it back to Sony.
Re:Why not just ask for a $50 refund? (Score:4, Informative)
Sony officially stated they had not paid a penny of those $50 and that any similar issues are a matter between the final seller and the client and had nothing to do with them.
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Yes and my dad broke his arm at work. The lawyer official stated they admit no guilt and don't owe him a dime, but will happily pay to fix the arm plus lost wages. Sony's statement is the same deal - legalese - trying to protect their ass(ets).
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Yes and my dad broke his arm at work. The lawyer official stated they admit no guilt and don't owe him a dime, but will happily pay to fix the arm plus lost wages. Sony's statement is the same deal - legalese - trying to protect their ass(ets).
I agree that's probably pretty standard to avoid opening one up to more legal action; as is requiring neither party to discuss the settlement.
I have an EE degree. What's a good 2nd degree? CMP ENG or Comp Sci? I want to be eligible to apply for more jobs.
I realize I'm responding to a sig but I'd suggest an MBA. Science / Tech undergrad plus MBA is a good combination.
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I asked, and got told to FO. For the tiny amount of money involved it would waste much more of my time than the value that I'd get back from the refund. I'm finally starting to dislike Sony as much as most other Slashdotters. Previously I'd thought that the gaming division was pretty good even if the rest was run by morons.. but no longer.
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Sony decided that they'd put asshattedry in a whole new category years ago. If it wasn't for Microsoft being there first, they'd be the undisputed champs.
It started in the 80s with the quality of their electronics going downhill while banking on their reputation to keep prices up, and then the "gouge their customer" disease spread like wildfire throughout the rest of their divisions.
Even if Sony comes out with a "good" product, I won't buy it due to their reputation in how they deal with their customers. I
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Sony was a good company in 1995 when they first entered the gaming arena.
They were still a good company in 2000 as well, although prone to exaggeration ("PS2 can do Toy Story in real time").
But then they devolved. It happens.
- By the way I still haven't seen Final Fantasy 7 ported to the PS3. :-| I know that was just a demo, but it would be awesome to play that game again with FF12-style, fully-realized character graphics.
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Because in the US you aren't protected by EU law. EU law gaurentees that you're in line for a partial refund at least if part/all of the functionality of the device is not fit for purpose.
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Sony have stated they will not give out refunds.
http://www.mcvuk.com/news/38565/Sony-rules-out-OtherOS-refunds [mcvuk.com]
"We do understand the frustration a small number of consumers may feel at SCE's decision to provide an upgrade to the firmware to disable the Linux operating system but we refute any suggestion that this action is in any way a contravention of the terms of Sale of Goods Act,” SCE UK’s David Wilson told ThinkQ.
“The console packaging and the in-box manual for the console do not refer
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The console packaging and the in-box manual for the console do not refer to the use of Linux on the console.
Actually, it does tell you how to install the OtherOS and I believe it lists Linux as an option. I will have to dig out my user manual when I get home, but I'm pretty sure that statement is wrong.
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I was citing something different than I think you're replying to. But your point is valid.
For example, my APC UPS comes with a note saying that if I have problems, please contact APC directly instead of returning it to the retailer.
I figure that (A) they figure they can probably fix my problem faster, and (B) they don't want retailers getting shell-shock from returned units when APC can handle it directly.
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That said, I agree with your point. Negotiations with the stupid or stubborn can be tricky. You need to anticipate what they say and contradict them.
Testing the EULA? (Score:2, Insightful)
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I don't know much about US law, but I did study Swedish contract law which the EULA would fall under and generally such clauses are blatant violations of the law that states that contracts have to be balanced, generally they get away with them for services because if they change the terms you have the right to cancel the contract and get your money back, however for a device like the Playstation that would mean having to give a full refund as it no longer works as per the specifications it was bought for.
*s
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Citation? I've seen rulings in specific countries in the EU that say users can reject an EULA after a purchase and return the part of the purchase to which the EULA applies. I have not seen any ruling binding in the whole of the EU that makes EULA's non-binding.
In the US and EU, courts have found specific portions of EULAs to be unenforcable, but I haven't seen anything making them non-binding in general.
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That's because you won't see any such citations. The whole "EULAs are unenforceable" is a false meme that constantly repeated on Slashdot. It's the same as the people who will talk about how ISPs are "common carriers" yet no such actual status for ISPs exist. The problem is that since these falsities have been repeated so many times that most Slashtards take them as fact.
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1. This case is in the US, not the EU
2. In *germany* EULAs have been tested in court and found to be non-binding.
PDF of court document (Score:3, Informative)
http://ia331218.us.archive.org/2/items/gov.uscourts.cand.226894/gov.uscourts.cand.226894.1.0.pdf [archive.org]
Well... (Score:3, Interesting)
(1) How do people join?
(2) If I bought the unit used for the ability to play PS2 games and OtherOS, do I qualify? It was bought within the time specified....
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Indeed that is. That said, you do need to notify the judge/court/something that you are a member of the class, and therefore entitled to compensation under any ruling (after all, the court can't know you're a PS3 owner unless you tell them).
That said, I *think* you are given some period *after* any ruling to send that notification.
This is all about the laywers... (Score:5, Insightful)
A prediction: there will be some settlement, where the "victims" can claim $10 in coupons for discounted games, but the lawyers will make a few hundred thousand or a million.
It's all about hurting Sony (Score:2)
That's a shame, but it's about the only way we have to hit Sony in the pocket for their bizarre anti-customer actions.
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Re:This is all about the laywers... (Score:4, Insightful)
Its the lawyers doing all the work here, how much money do you expect for doing nothing but signing your name, you don't even have to show up in court.
Pray I don't alter it any further... (Score:3, Funny)
Sony reminds me of Vader from this clip:
http://www.youtube.com/watch?v=BOaCRGVYGTc [youtube.com]
And if I weren't laughing, I'd be crying at the stupid shit Sony is trying to force the consumers into.
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It's easy to laugh if you didn't buy a PS3. Bwahahahaha!
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So how's that red ring of death working out for you ;) :P
A contract can not take your rights away! (Score:2)
A contract can not take your rights away!
Just as they can't say something like you must give us your kids.
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Er, of course a contract can take your rights away. As long as doing so is not an illegal act.
It is routine to contract away legal remedies, for example. (E.g., all disputes will be handled by third party arbitration, or "damages are limited to replacement only.") Or to specify venue to someplace that favors the defendant.
While it is unusual, there are probably remote legal circumstances where "you must give us your children" might hold up.
A reasonable outcome (Score:3, Interesting)
I'm not a fan of class action lawsuits because they usually result in pennies for the consumer and millions for the attorneys. They're basically lawyer-enrichment actions.
For this suit to be any different, the best outcome would be to give Sony an option.
Give the attorneys a few million for their time whichever choice Sony takes and the outcome will serve as a warning to companies that they can't put whatever they wish into EULAs because consumers will bite back.
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If you think large torts are just "lawyer enrichment" then the criminal justice system is really just the same thing. It's a welfare system for mediocre law students.
That kind of stupid logic works either way.
The point is to discourage the next guy from stealing from you or crippling your wife.
Pointless, sue individually instead. (Score:4, Insightful)
Class Action lawsuits in this country are near pointless in terms of causing redress, and barely hurt the companies they're brought against. In a lot of bigger companies they're seen as a regular cost of business.
As said in other posts, enjoy your coupon that ends up making you spend more money.
If you REALLY wanted to get redress, take sony to small claims court.
$50-100 filing fee(75 in my state), you can get damages up to $5000, and you can make sony pay the court fee upon winning too.
They'll either start settling cases, or waste a lot more sending representation to win.
So sue em for the cost a new PS3, since that's what it will take to restore you the original functionality that they took away ( one PS3 to play games and do PSN, one to run linux, since you can't do it on both anymore).
EULA (Score:5, Insightful)
Sony's standard EULA states that if the machine
1) didn't work,
2) didn't do what the expensive advertisements said,
3) electrocuted the immediate neighborhood,
4) and in fact failed entirely to be inside the expensive box when you opened it,
This was expressly, absolutely, implicitly and in no event the fault or responsibility of the manufacturer,
5) that the purchaser should consider himself lucky to be allowed to give his money to the manufacturer, /cite{Good Omens}
6) that any attempt to treat what had just been paid for as the purchaser's own property would result in the attentions of serious men with menacing briefcases and very thin watches.
They just added
7) If the machine does work, we will break it the next time we want your money or feel like it.
Just don't buy a PS3, and don't buy Sony. (Score:3, Insightful)
Just don't buy a PS3, and don't buy Sony.
The message is simple. After the root kit and this, it is clear. Sony expects you to pay them money while they slap you in the face, saying F U.
Tax evasion (Score:4, Interesting)
http://kotaku.com/179245/why-the-ps3-is-a-computer-sony-dodges-euro-tax-men [kotaku.com]
Re:Can't lose! (Score:5, Insightful)
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I'm not saying they have done it, but the do have the potential too.
Maybe those three companies haven't. There was that fiasco with the George Orwell books being automatically removed from kindles after the books were purchased. I know Amazon "had" to do it because of some licensing thing and they did eventually give refunds, but what should have happened is they should have stopped selling the books and anyone who had already bought it should have been able to keep it. (http://arstechnica.com/web/news/2009
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Re:Can't lose! (Score:4, Insightful)
My bet is he will lose. Sony will find some loophole, the judge will allow it because the removal of this function affects a very small part of the userbase.
Car analogy time. My car comes with a spare tyre in the boot (trunk for you Yanks). Now most people will never have to use this. Most people are lucky enough to buy, use and then sell a car without ever having a flat or blowout. Now, if the car manufacturer decides during a scheduled service that they're going to remove the tyre from my boot (and the boots of everyone else that comes in for a service) then it will only affect a small part of their userbase, but it doesn't matter. The car was sold and marketed as having a spare tyre, and they can't just take that away.
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Unless it's like Brazil where the law states you have to have a spare tire at all times.
And God forbid you try driving around without one - it comes with a nice ticket for you to pay.
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My bet is he will lose.
Sony will find some loophole, the judge will allow it because the removal of this function affects a very small part of the userbase.
Car analogy time. My car comes with a spare tyre in the boot (trunk for you Yanks).
One thing that I have hated about automotive manufacturers is that they are removing the spare tire from their vehicles... in a mis-guided attempt to improve fuel economy (it saves about .1 miles per gallon perhaps due to reduced weight) and to increase trunk space. Oh, they have something in there that can be used in "emergencies", but it isn't a spare tire any more. Commonly referred to as a "doughnut" in the USA, it is the emergency tire that is often smaller and certainly less reliable than standard t
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Not in English it's not.
Re:Can't lose! (Score:5, Funny)
Re:Can't lose! (Score:4, Funny)
You're acting like a Tyre-ant.
Re:Can't lose! (Score:4, Funny)
Well hello there Mr. Obnoxious American. Now, as you may or (more likely) may not be aware, the English language was invented right here in little old Britain. We spell it tyre. You're entitled to mispell it as tire if you like, but every time you do we Brits have a quiet chuckle to ourselves, roll our eyes at our backwards cousins across the Pond and carry on in our usual dignified manner.
I like to think of myself as a typical obnoxious American, and I found your post quiet amusing. Really put some color into my day.
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I see what you did there. I admire your sense of humour.
Re:Can't lose! (Score:5, Informative)
Hello there, you silly English ka-niggot.
tire
late 15c., "iron rim of a carriage wheel," probably from tire "equipment, dress, covering" (c.1300), an aphetic form of attire. The notion is of the tire as the dressing of the wheel. The original spelling was tyre, which had shifted to tire in 17c.-18c., but since early 19c. tyre has been revived in Great Britain and become standard there. Rubber ones, for bicycles (later automobiles) are from 1870s.
Online Etymology Dictionary, © 2010 Douglas Harper
So, in 17c-18c, when the Brits were populating America, the spelling was "Tire". We can't help it if you people decided to change your minds. We didn't.
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He said boot, he's obviously not American.
People like you give us Americans a bad name.
Re:Can't lose! (Score:5, Funny)
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There is a difference between a lense that wears out over time of usage (products that are being consumed, like with a non-rechargeble battery) and a car that simply works, but after service got it's backseat stripped. But hey, you can still drive the car, right? So what's the problem. Many people will never use teh backseat when they buy a car when they travel...
But I can see your point :P
Re:So what? (Score:5, Insightful)
Re:So what? (Score:5, Informative)
The choice is slightly different, though. Here we have "Lose Other OS functionality" or "Lose ability to use PSN and play any new games which require the firmware upgrade (you can bet that they all do)."
Regarding the modded down comment above about "hyperbole inherent in the freetard system" (nice butchery of Monty Python, cockfungus) My PC runs Linux, I game using WINE. A happy freetard is me!
Re: (Score:2)
Re: (Score:2)
> Hopefully if Sony loses this case they'll simply send all of you open source screwheads a 5 dollar coupon to the Sony store and tell you to get a clue.
This is not about Open Source. This is about customer rights...everybody's...yours included! And you're welcome for the effort of others to stand up for that.
Re:Having done the firmware upgrade... (Score:5, Informative)
This law suite should fail. Not that I want to be on SONY's side but they were 100% clear in their intentions regarding the "other os" option from day one.
You mean stating that the PS3 was an "open platform" and that "Other OS" and "Game OS" would always be able to coexist on the same PS3?
They're even still publicising this fact here [playstation.com]...
Re: (Score:3, Informative)
Consumer laws do now work like that.
If things are advertised as being able to do things, they better be able to do them, including all required steps.
You can't sell someone a car labeled as having air conditioning but without any actual switches to turn it on.
Re:Having done the firmware upgrade... (Score:4, Insightful)
Bullshit. You buy a PS3 and then a couple years later they tell you 'ok, now you have to choose between feature A not working and feature B not working'. If Sony is allowed to do this, then that also means it would be legal for them to start charging money for the features that the game consale originally came with and advertised as being free. Why don't they just make the next firmware update required a $50 payment every time you want to eject the current game disk? I mean as long as they let you know that's what it's doing before installing, there's nothing wrong with that, right?
You can't sell something that doesn't do what it's advertised as doing. And you can't sell something that's going to stop functioning at some future date without making that clear at the time of purchase.
Re: (Score:3, Insightful)
Yes [marcansoft.com] (slightly outdated).
Yes, and piracy advocates will come out with a piracy tool shortly after it is completely broken.
Yes, Sony is shooti