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Sony 'OtherOS' lawsuit dismissed in U.S.

Written by James Delahunty (Google+) @ 13 Dec 2011 21:37 User comments (8)

Sony 'OtherOS' lawsuit dismissed in U.S. Sony won't face more financial hurt from its decision to cut OtherOS through a system update.
A Judge in Northern California has dismissed the remaining charges in a class-action lawsuit against Sony over the removal of the OtherOS functionality from the PS3 console. The Japanese firm cut the OtherOS feature through a system update, citing security concerns.

The lawsuit sought to include all PS3 owners who purchased the console between the launch day, and March 27 of last year. However, most of the initial charges it made against Sony were dropped quickly by the judge.

The lawsuit argued that Sony breached its sale contact by disabling OtherOS.

The judge had allowed the plaintiffs to argue that Sony broke the law by effectively forcing users to choose to install the firmware update and lose OtherOS, or decline the update and lose access to the PlayStation Network, but the judge's decision shows the plaintiffs failed to argue this point successfully.

"The flaw in plaintiffs' analogy is that they are claiming rights not only with respect to the features of the PS3 product, but also to have ongoing access to an Internet service offered by Sony, the PSN," the judge wrote.

"A somewhat fanciful, but more apt, analogy would be if Toyota sold hybrid vehicles with an advertisement campaign touting that Toyota owners would have access to a recreational driving facility, a no-speed limit amusement park for cars. Then, at some time thereafter, Toyota instituted a rule that its hybrids would not be permitted in the park unless the owners allowed the battery feature to be disabled.

"In those circumstances, Toyota hybrid owners who declined to authorize disabling of the battery feature would still have fully-functional hybrid vehicles, capable of running on an electric motor or a gasoline engine, as appropriate under the conditions. Similarly, PS3 owners who declined to install Firmware Update 3.21 still have fully-functioning devices, capable of either being used as game consoles to play games on optical disks, or as computers, with the Other OS feature."

Tags: OtherOS PS3 Sony
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8 user comments

113.12.2011 21:56

So, they fail to argue their case successfully and the judge throws it out but, admits if they would have placed their argument in a different context (complete with example), that he would have heard the case? BS. Is this similar to courts preventing say Samsung from selling their products because another company, say Apple, claims they are infringing on a patent? All before hearing the argument? Someone is on the take...

213.12.2011 22:05

doesn't matter now, the case can never go back to trail. So game over for OtherOS, time to move on.

313.12.2011 23:15

The case was argued from three angles...the judge ignored 2 of the when making is ruling, and didn't even bother to mention them because Sony didn't even bother to deny the claims. Dirty judge, dirty system.

I'll never buy anything from Sony again.



414.12.2011 12:00

They should have judges who know about technology working on these type of cases. I bet the bastard has never turned a ps3 on.

514.12.2011 12:01

Even the example the judge gave was lame. The car wasn't disabled or unable to go on this wonder course they described, nor was it said that the battery pack could be re-enabled. Obviously, something that you can't do with Sony products with any ease.

The judge is an idiot & with this cell phone camera world they should have had someone taking pictures of him taking the 8x10 envelope bloated with all the cash in it. Maybe Anon should hack that server & get those pix. You know Sony took those to hold over the judges head in case he gets cold feet.


614.12.2011 13:20

They should have pointed out some of the games that can only be played online. In the case of those games, PSN is not an added bonus, but a feature required to play the game.

714.12.2011 13:49

And aren't newer firmware versions required to play newer games too?



Just my $0.02,

dEwMe

814.12.2011 22:54

done Move on.

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