Sony Computer Entertainment of America has moved to dismiss a class action lawsuit relating to the removal of the 'Other OS' functionality in a PS3 Firmware update.
The suit claims the company has deceived consumers by advertising the feature to customers and then later removing it.
However, Sony has responded by asserting its continued ownership over the hardware. According to Sony, the PS3 is simply licensed to consumers for use - which means it is free to modify the software capabilities of the console.
David Verner, the plaintiff, argues that the removal of the feature, repeatedly advertised as a key part of the console, was unlawful and forces users to pick between having the 'Other OS' functionality and the use of the PlayStation Network.
"(The)Plaintiff chose to purchase a PS3, as opposed to an Xbox or Wii, because it offered the Other OS feature... despite the fact that the PS3 was substantially more expensive than other gaming consoles"
Sony has maintained that there are no grounds for "restitution and disgorgement of all profits unjustly retained by Sony" since the firmware is under the system software licence and allows Sony to modify functionality, as stated in the warranty.
"...it may become necessary for SCEA to provide certain services to your PS3 system to ensure it is functioning properly in accordance with SCEA guidelines...You acknowledge and agree that some services may change your current settings, cause a removal of cosmetic stickers or system skins, cause a loss of data or content, or cause some loss of functionality." reads the warranty.
As of yet, the case has not reached a conclusion, the plaintiff and his backers have requested documentation detailing the reasons for why the 'Other OS' feature was removed.
Sony is also battling a recent wave of piracy on the PlayStation 3 and 'taking necessary action'.
http://www.computerandvideogames.com/ar ... ?id=265662
It's a pity the guidelines in such matters will actually sap your will to live, isn't it?
