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GAME refuses PS3 OtherOS removal refunds, says its your fault if you update

Maxconsole writes: UK retailer GAME has responded to a Maxconsole member who wanted to know what the situation was regarding refunds on the PS3 due to the removal of OtherOS. Well after some weeks he got his response! But it's bad news, GAME state they can not offer a refund on the PS3 because the Terms of Service protect them and it is the consumers choice to update or not so they can not be held responsible. Response in full is inside.

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Blaze9292791d ago

dunno why but that's just funny to me and made me giggle.

Pennywise2791d ago

So they shouldn't update and then get a refund from game because their console can't go online anymore.

masterofpwnage2791d ago

honestly this is why we cant have nice thing, because someone is always trying ruin it. if your going to do something bad, keep it on the down low.

Christopher2791d ago

Isn't there a way to set one's PS3 to the factory installed default settings? Don't have my PS3 with me now to check, but I'm fairly certain there is an option like that, just not 100%.

MAiKU2791d ago

What this?

Hard Reset procedure for the PS3 (as instructed by Sony CS).

Be sure to backup your settings/games saves by doing a System > Backup on your PS3 or you may lose your game saves! Also, this is a last resort procedure prior to exchanging/returning to sony.

1. Power Off the PS3 via the power switch in back and power back on w/switch.

2. Hold Power Button on the Front until you hear 3 beeps.

3. Then go through the initial setup and then run a full Format via System > Format. (will take approx 3 1/1 hours). You may need to have our AV cables ready if your using HDMI (in case HDMI isn’t detected after initial reset).

4. Restore your backup you made prior to doing factory/hard reset (optional, if you created a backup).

BeaArthur2790d ago

masterofpwnage...completely agree, people always blame everyone except for the people with whom the blame should lie, the hackers. They have created this problem and it is their fault if you can't get a refund.

Anon19742790d ago (Edited 2790d ago )

When you clicked agree to the user agreement, you agreed to that agreement. You didn't just agree to that agreement until it became an inconveniences to you.

If you didn't like the agreement, you could have taken back your PS3 right after purchase and switched to another console.

Oh wait, the 360 has the exact same stipulation in it their agreement.

Again, if you want to blame someone, look no further than the pirates, hackers and thieves that make this necessary. If someone smashes your car window and steals your stereo, do you blame the thief or the car makers for putting in a stereo in the first place?

IdleLeeSiuLung2790d ago

I agree that hackers is part of the problem (or for the most part the sole reason for the problem), but at the same time do you blame pirates for DRM?

Piracy and hacking is part of almost any electronic device. It is the cost doing business, and a company shouldn't make the consumer pay for it.

I certainly hope that this gets more coverage especially from Europe where the consumer laws are more stringent. Somebody on that site mentioned Watchdog the TV show in the UK. Sic those dog on Sony!!!

kwyjibo2790d ago

Just because you sign or agree, doesn't mean it's a legitimate contract.

Sony may be right here, but your whitewashing of user agreements does not hold any basis in reality. Shrinkwrap licenses often trample on your rights, something they can't actually do, and thus get rendered invalid.

See http://arstechnica.com/tech... for an example. Licensing contracts contain some of the most egregious examples of invalid bullsh*t contracts.

cliffbo2790d ago

so this lame site went to game and asked the moronic question about refunds to do with os did they what a retarded thing to do game was the wrong one to ask since they closing down 120 stores soon.

ps 99.999999999999999999999999999 99999999999999% of ps3 owners dont use the os or care about it anyways !.

the ones complaining about it most likely dont own ps3 there maybe a few ps3 owners but not many.

commodore642790d ago (Edited 2790d ago )

This is a sticky situation for Sony.

As we all know, Amazon has set a precedent by refunding a customer the portion of ps3 features that were advertised at sale, yet were removed by the update.

Consumers will likely band together and form a class-action lawsuit to recover their opportunity cost in being misled by Sony.

I just don't know why so many PS3/Sony diehards are actually excusing Sony's behaviour.

Fact is, Sony has removed features and is now procatively able to access your ps3 which you paid for, in you home, without your knowledge - changing whatever they feel like without taking ANY responsibility for any of our data loss.

How do you excuse that?
Sometimes I think the ps3 fans have their fragile egos so closely intertwined with Sony, that their common sense and reason are negated.

Anon19742790d ago (Edited 2790d ago )

And in the US, these type of user agreements have held up in court, time and time again. The only place the courts seem to differ is what constitutes acceptance of these contracts.

The lawsuit you mention had nothing to do with the validity of these contracts but was focused around First Sale Doctrine. If you had read your own article you would have quickly realized this has nothing to do with the validity of User Agreements, which are very much covered under Contract Law.

Again, this is much ado about nothing. The Wii, PS3, 360, even Microsoft Windows which you're probably using right now has a user agreement you agreed to that says the same thing. People moaning about this and making it sound like Sony has done something demonic either have an agenda or are simply ignorant of the way the world works.

Really, it doesn't matter in the long run. The people making the most noise about this probably don't even own PS3's while the vast majority of PS3 owners don't even know anything's changed.

It's funny, Microsoft touted party chat as the next big thing, hyped it to beat all hell but when they forcedly started removing it from new games, I don't remember any talks of class action lawsuits or this type of "Microsoft is the devil" talk regarding User Agreements like we're seeing with Sony now. Or how about when Microsoft promised and advertised that each game would be 720p as a minimum and then backed out on that. Again, I don't remember any class action lawsuits regarding that. Wasn't that an advertised feature of the 360?

You might think that User Agreements don't hold any water, but the courts don't view it that way. If they weren't valid under contract law, no one would use them.

kwyjibo2790d ago

You're an idiot. Did you even read the article I linked? Here it is again.

http://arstechnica.com/tech...

The court THROWS OUT the license agreement, because it violates the end users right to resell. As I mentioned earlier, I don't really have a position on Sony here, only on your bullsh*t loyalty to phony contracts.

I cite a court case which shows you to be wrong, and then you continue to tell me that courts are on your side? Here's another one.

http://en.wikipedia.org/wik...

Companies continue to use the phony shield of License Agreements to f*ck you over. Some of these are provably wrong. Your stance on behalf of corporate behemoths has no bearing on reality.

----

"Well then trade in your 360 because their user agreement is exactly the same." - And your attempt to turn this into console war bullsh*t shows what a pathetic pitiful character you are.

Hill_billy2790d ago

But why would anybody buy a "games" console and then want to return it because Sony removes a feature that did not involve "games"? If you wanted a Linux computer then you could have built one for less than you paid for a PS3... Not sure about you guys but I think that some media outlets are starved for negative Sony news so they are now grasping at straws...

Viper72790d ago

I find it very childish of people blame hackers on this since they are just modifying their own consoles. Its their system they can do what they want with it, they accept the risks getting banned and the fact that they will loose all guarantees etc for their system.

Its Sony that decided to remove the feature, not to mention the hack was only to improve Linux on Ps3 by unlocking the full power of the console from the stupid restrictions provided by Sony. It was still very far from playing pirated games on Ps3. However now that they angered Geohot to attack their official firmware, who knows what will happen.

Hill_billy2790d ago (Edited 2790d ago )

If you don't mind, I would like to spell it out for you in an adult manner so please, don't hate on me.

Yes, the hackers are doing it to their own consoles but what they are doing is typically modding their consoles in order to play pirated copies of games. Pirated copies of games is a viable loss of revenue by the developers and when the loss occurs enough we see the effects of that in the games produced in the future. We all know the damage piracy causes and the way to play pirated games is to mod your console.

Eliminate modding, you eliminate the piracy or at least stall it until they come up with another way around legitimacy.

+ Show (12) more repliesLast reply 2790d ago
pesevengi2791d ago

This is strange. I'm pretty sure consumer protection law in Europe would have something to say about this response from GAME.

Christopher2791d ago

Protection law is at the point of sale and does not apply to software changes made after the point of sale. Protection law also covers warranty specifications, which this doesn't fall under.

Perkel2791d ago (Edited 2791d ago )

so what if sony disable bd movies support ? you still won't be concerned ?

It's not problem of linux in ps3, it's problem that company sold product which stated:

online, linux, ps3/ps2/ps1 games etc

and if you do update or don't one of features won't work.

if you add linux after buying product like in game xmb it's ok to disable it.

if they for eg will disable ps2 games support i will sue them because it isn't small feature like linux support. And i probably win because Europen law where i live don't alow change in features after buying a product. Therms of Service MUST be matching with EU law, nation law. If they don't National/Eu law win over Therms of Service because ToS is illegal.

they are just lucky because it isn't important feature and everybody don't care..

MAiKU2791d ago

There's not a chance in hell something of that magnitude would happen to the console.

maybe a good 30 to 40 percent of users tried the other OS option, and probably half of those were people who actually wanted and used it often.

Everyone complaining clearly doesn't reflect that, but due to the mass of sites reporting a feature being taken away it caused mass hysteria and over exaggerated assumptions of whats to come out of the decisions the company will make (see your post).

Honestly, nobody gave this feature as much attention as a good feature for a product should have received. For christ's sake Life with Playstation, a feature introduced after the release of the console, gets more use out of the mass of PS3 owners.

VampHuntD2790d ago

Here's the fact of it, it's not a forced update. You can either do it and stay online, or you voluntarily opt to not do it and stay offline. There is no law being broken here because it's not forced.

That being said, the choice still sucks, especially since if the ps3 does get hacked those that don't update will be able to play games perhaps but won't be online to do so. Not that the initial hack even got any piracy material to run, which is why I think the strike by Sony was a bit preemptive.

+ Show (1) more replyLast reply 2790d ago
Colonel-Killzone2791d ago

Most of you posting about linux probably don't even use it so it does not even matter a small minority of users actually used linux on the ps3. Sony does not take a shotgun and says update your ps3 now or else we will blow your knee caps off. Its either linux or the psn pick and choose we already know the obvious choice.

dalibor2790d ago (Edited 2790d ago )

I agree. But it is a crummy situation. As a 60gig owner I probably would have tried to install an OS if I ever upgraded but alas it never happened. But is it okay for a feature to be taken away? No(be realistic here). But if there is a good excuse as to why it should be haxed than to me at least, it is okay(or at least more tolerable). But you also have some people who do use an OS and I have to say that it sucks to be them. But I feel like people are not really missing out if they do not have an OS. But something like this should not happen often b/c there should be a line drawn b/c if we keep saying it's fine then what is there to prevent companies from stopping this sort of thing? And hackers need to realize what they are doing and what could happen, the after effects.

MetalFreakMike2790d ago

The only people complaining about this really are Xbox fanboy's and people that want a exploit to play free games. I can see a few that really wanted to run linux off their PS3 but not at this level.

The Xbox fanboy's want to make Sony look bad and are grabbing on to this and riding it as far as they can.

Then you have the people that just want the hackers to exploit the console so they can rent or download games and burn them to a burnable Blu-ray and then return them or trade them in.

I never used the OtherOS feature and most people that use their PS3 did not even care about it. But I do find it funny that people are acting like Sony is going to remove something else now. They only took out the feature because it was being used to hack the console. So why would they have a reason to remove something else like maybe playing Blu-ray movies? I wish people would use some common sense sometimes.

MAiKU2790d ago

five hours past and you laugh alone.

pity

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