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IGN: Sony Sued Again For Removing PS3 Linux Feature

IGN Writes: Two more class action lawsuits have been filed against Sony Computer Entertainment America for removing the 'Other OS' feature from the PlayStation 3.

The first lawsuit, filed on Wednesday, May 5 by Todd Densmore of Cumming, Ga., and Antal Herz of San Francisco, Calif., claim Sony has rendered several PlayStation 3 features they paid for "inoperable" as a result of the release of firmware 3.21. The update, released on April 1, 2010, disabled the ability to install the Linux operating system. By choosing not to update their console, users couldn't access separate, non-related features, such as signing onto PlayStation Network.

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rroded2663d ago

i got a fat 60 gigger n it was our back up pc till that update ruined it sucks large cause i paid for the feature i mean whats next no more b/c...

Double Toasted2662d ago

Thats one thing I don't condone and thats taking away something that I paid for. Whether I use it or not makes no difference, I paid for it. Companies should do a survey about this kind of stuff before taking actions because then they would be able to get an idea of what type of backlash they could expect. Even then I don't think it would help, but taking something I paid for is a no-no.

TOSgamer2662d ago

You get disagrees for saying its wrong to take some thing you paid for away. I guess those people are either thieves or cool with someone breaking into their home and stealing their stuff.

Anon19742662d ago (Edited 2662d ago )

"The suit states Sony allegedly failed to disclose to customers that it reserved the right to remove advertised, built-in features."

Read the user agreement before you agree to it. If you didn't agree you could have taken your PS3 back. You can't agree to this type of thing, use the product for 3 years and then take issue with the agreement when it inconveniences you. That's not how contract law works.

"The suit also states the right to remove the 'Other OS' feature is not disclosed in Sony's Terms of Service or System Software License Agreement."

Yeah they did. Right where it says they have the right to update and remove features. Because they didn't list each, specific feature is this somehow not clear. It's obvious to anyone who read the agreement what Sony could and could not do.

Waste of the courts time in my opinion. I've said it before and I'll say it again, if Microsoft can't be held liable for knowingly releasing a defective product and then actively lying about it for over a year, duping millions of consumers what chance is there that the court's are going to rule against Sony for actively trying to PROTECT their consumers as outlined in the user agreement?

I'd love to hear how this joker is going to claim he "lost money" by not being able to connect to the PSN network as the court docs indicate.

ShinMaster2662d ago (Edited 2662d ago )

I don't believe Linux was advertised as a feature, unlike Blu-ray, PSN, Bluetooth, WiFi and whatnot.

If it wasn't for hackers and piracy, this feature would have remained.
So they had to do something! Stop blaming Sony so much. Blame those Linux users who use it for eeevil! :P

Besides, Sony has the right to do such things according to the Terms of Service and System Software License all PS3 owners agreed to!

Anon19742661d ago (Edited 2661d ago )

Think about this. Say Sony loses this case. What message does that send to industry?

What it says to industry is don't try. Think you have an idea for a cool feature for your console? Don't do it, because if it doesn't work you'll be sued. If this lawsuit goes ahead it will effectively curtail innovation. Company's need the ability to make changes on the go, that's why we have sections of these user agreements giving them that flexibility.

Take that away and what do you have? If I release a product and it's then hacked and pirated and I don't have the ability to make changes to the console on the fly I might as well just walk away from the billions I've invested because I don't dare make any changes to the system for fear of being sued.

These people aren't suing because they feel screwed by Sony. These people are parasites. They're launching these lawsuits not to get Linux back. If they wanted it they could just not install the update. They're doing this simply because these types of cases are usually settled out of court. They want their "Shut the hell up" money.

If this does go to court and the court somehow rules against Sony, all user agreements are out the window and we can kiss innovation goodbye. Without the ability to make changes to their systems a console will come out with one set of features and that will be it. Tinker with that and you'll get sued.

You've got to be pretty thick not to see that.

+ Show (1) more replyLast reply 2661d ago
HolyOrangeCows2662d ago

We're back to complaining about the OtherOS feature that locks off 90% of the Ps3 anyway? *YAWN*

If you were looking for a Linux machine (And were educated/informed), you would have bought a cheap laptop, not a game system.

LinuxGuru2662d ago

Speaking of being educated and informed, did you know that the PS3 has the greatest cost-effectiveness of any linux machine in the world? Researchers LOVE paying for oodles of PS3s because of how much bang for their buck they get. The PS3 is king of crunching numbers, and researchers / scientists LOVE it.

Cheap laptops, like you're speaking of, are just plain pathetically inadequate for what most PS3 linux users are doing.

ChickeyCantor2662d ago (Edited 2662d ago )

" Those who were using their PS3s for supercomputing purposes had absolutely no reason to MANUALLY download and upgrade the firmware for purely GAMING purposes."

Right? cause Sony started out as saying its a supercomputer.

Edit:
Ach, confusing system it was meant for JJohan35

Arksine2662d ago

That is correct, and those using the PS3 for research were warned not to update prior to 3.21. People using the PS3 for HPC purposes should have no need to play games or access PSN. In fact, those PS3s probably should never even see the XMB.

But, all of these lawsuits are coming from home users claiming that they bought the PS3 for its linux capabilities, and that is just plain ridiculous. HolyOrangeCows' point is that a cheap PC can run circles around the PS3 for standard linux use. Anyone who has actually used linux on both platforms knows this.

Enigma_20992662d ago

... so why would they?

They act like they only paid for the thing for the Other OS feature... and the games were an aftersight.

+ Show (1) more replyLast reply 2662d ago
jjohan352662d ago (Edited 2662d ago )

I honestly hope that all these greedy lawsuits will fall FLAT on their faces and lose in the courts. It's as if these consumers are suddenly deciding to punish the PS3 for becoming huge in the last 2 years.

Those who were using their PS3s for supercomputing purposes had absolutely no reason to MANUALLY download and upgrade the firmware that was released for purely GAMING purposes on PSN.

SprSynJn2662d ago

Here if you lose a suit, you have to not only pay for your legal fees, but the fees of the defendant. I really wish that system would be incorporated into the States. Maybe these useless human beings would not waste other people's time.

STICKzophrenic2662d ago

I completely agree.

To be honest, I didn't use OtherOS, but I paid for the feature. It's the principle of the matter.

ShinMaster2662d ago (Edited 2662d ago )

[removed]

Eamon2662d ago (Edited 2662d ago )

Of course loyal fankids and tools wouldn't care due to their ignorance and immaturity. Can't really blame them for getting angry at these lawsuits.

In the end, it's a matter of principle. I'm hoping they win just to show that even a rich supercompany cannot break the law.

And this piracy scaremongering habbit that huge cooporations have is typical propaganda aimed at ordinary consumers to get fooled by and feel sympathetic for them to cover up the fact that Sony has illegally stolen a feature that was advertised with the product.

jjohan352662d ago

It's not against the law and you weren't required to download it. If you're using Linux, you have no reason to be on PSN.

SprSynJn2662d ago

People like that will not listen. Words of wisdom do not pass through the arrogance barrier in his mind.

gtamike1232662d ago

It's to stop HACKING so stop complaining people!!!

commodore642662d ago (Edited 2662d ago )

Completely agree that SOny needs to lose this case.

Honestly, I feel very sorry for all the Sony defenders who excuse Sony's linux removal blunder - it simply reeks of hardcore Sony fanboy.

The issue is thus: the courts will have to decide whether Sony's TOU is in fact legally valid.

Unfortunately for Sony, it will be proven that PS3 consumers have very little choice in this matter, and have, in fact, been misled by Sony.

In fact, if they upgrade, they lose PS3 features.
If they DON'T upgrade, they still lose PS3 features.

Who wins? Sony.
Who loses? Consumers.

Sony will need to answer why it was able to use withdrawn features to secure initial marketshare, and more importantly, why Sony was able to use withdrawn features as a viral marketing campaign.

This case is a complex one, but it stands to reason (well maybe not Sony fanboy reason) that consumers, having been misled by Sony in this matter, will not stand for it.

I expect more people to join this lawsuit and/or instigate their own, N4g Sony apologists notwithstanding!

JD_Shadow2662d ago (Edited 2662d ago )

Didn't Sony not have the "Install Other OS" function in the Slim models when those first came out?

I rest my case.

interrergator2661d ago

well you agree to the terms of service so thats your fault

+ Show (7) more repliesLast reply 2661d ago
Teehee2663d ago

Ps3 gaming > Useless Linux feature.

-Alpha2662d ago (Edited 2662d ago )

PS3 Gaming> Watching Blu Ray. What if that was removed? By your logic it's justifiable. Just because you didn't use Linux doesn't mean others did not.

I understand that Sony had to do it, but you can't use that kind of argument. It's completely arrogant to assert that how you use your PS3 is how everybody else should. People bought PS3's for numerous reasons

I think the best argument lies in Sony wanting to protect their product, however it's a little unfair that everybody has to suffer for it. When MS tried to combat piracy they banned consoles that were known to have been hacked. I'm not sure if Sony can try this, but it seems like a much better way. It would have made the most people the most happy and that utilitarian approach is pretty feasible in this situation.

I can see the judgment going both ways. I've heard great arguments from both sides by guys like darkside99 and others. It's a really gray area. I don't care if Sony loses since there seems to be reasonable grounds. I just don't want them to lose to the point that the PS3's performance suffers because Sony is taking these hits. If Sony is innocent here then I'm sure they will be able to defend themselves in court.

RememberThe3572662d ago

Maybe removing the internet browser would be a better example. I for one, don't give two shits about the OtherOS removal. I never used it and never planed to use it. But if they removed the internet browser I would be pissed.

I can understand that some people are pissed off about it. But so few people used the feature I'm sure this will just blow over. I know it sucks to have features removed but if your going to blame anyone blame the pirates if they hadn't found the exploit this wouldn't have happened.

radphil2662d ago

I'm getting sick and tired of people using the whole "Remove Watching Blu Ray". That COMPLETELY negates the point of the system of not only on Movies, but you DO realize the games are Blu-Ray also.

You might as well use the analogy of "Well what if Sony just made your system only with the start up sequence", because it's just the equivalence if you use the other analogy.

-Alpha2662d ago (Edited 2662d ago )

357, I meant strictly movies. I know it's built in but the analogy still stands.

Radphil, I'm talking strictly movies, and the analogy works. Tell me why it doesn't. By teehee's logic it's OK to remove the feature because it's not important or as important as gaming. The fact that people will protect Sony with that kind of excuse is just unreasonable, there are better reasons such as controlling piracy. That was the purpose of Linux removal anyway.

To disregard a feature just because it wasn't used by YOU is unfair and extremely biased. Do you think that will hold as a valid reason for Sony when they get taken to court? Hell no.

If you are going to disregard my analogy then tell me why it's OK for Teehee to claim Gaming is all that matters for the PS3 as if the other features are unimportant instead of trying to twist what I mean by "Blu Ray". Linux is removed because it was used to hack. If any other feature can do the same are you saying people don't have a right to complain about it? That's nonsense.

Bodyboarder_VGamer2662d ago (Edited 2662d ago )

you people realize that the Wii uses dvd but doesn't play dvd movies right?

What if hackers find an exploit through the blu-ray playback? Sony's gonna remove the ability for the PS3 to play blu-ray movies too? *Of course not. Sony makes money out of the blu-ray playback but not from the Other OS, that's why they removed it without hesitation at the cost of the consumer.

BTW people should drop their fanboyism because it's clear that is turning you into a complete moron.

sikbeta2662d ago (Edited 2662d ago )

Alpha WTH are you talking about? there are people thinking like that, For GOD sake, they Removed OtherOS cuz that Virgin-looser was playing around and want to Screw Up Sony with "da homebrewz" crap, that only goes the Way OF PIRACY...

Sony will not take out Blu-Ray/Backward Compatibility/or any other thing cuz they can't and don't need to do it

And from the Beginning everyone had the CHOICE of Update or Not, everyone Whine about this Feature like if it was a "key" Component, but I said from the Beginning, I Prefer this situation instead of Having another PSP case.

Piracy Kill Gaming and "Pirates" don't give a fvck about that

Thanks to that geo-hot you will NEVER See the OtherOS Feature implemented and if Piracy Becomes Rampant, lets see If all the people that are whining will like to enjoy Gaming with Unified internet-based devices like On-live, forget about Physical Media, forget about Companies Pushing the Boundaries for your bucks, Graphics, Expansion Gaming Related, like Open-World/sandbox games and such...

livinwitbias2662d ago

Alpha-Male22

Great point, I agree with you 100%. Some people are downplaying this because they don't use linux. I can totally see how someone that uses linux could be upset by this. People only sees things when they hit close to home.

Bubbles to you.

ShinMaster2662d ago

Apparently all of you did not read the Terms of Service and System Software License you all agreed to!

-Alpha2662d ago (Edited 2662d ago )

@sik

I am talking about the bad excuse that "it wasn't important" people are using. Saying it caused piracy is a valid reason, saying Linux wasn't important isn't. Also, People who have ANY passing interest in playing online were pretty much forced to update. Don't tell me that it was people's choice as if they could have refused the update and sign in to play online. I am NOT saying that Sony broke TOS, I am saying that it's complete arrogance to say that Linux didn't matter to people. What gives you the right to say what features are important and which ones aren't to users?

You have no right to say that Linux didn't matter just because Gaming is the main use of the PS3. Playing movies isn't a main feature but people use it anyway, if it was removed for WHATEVER reason would it be fair? Well according to people like TeeHee it's ok because gaming> anything else PS3 can do. Do you see why that argument fails? You can't say that just because it wasn't important to you it wasn't important to someone else. This is like the third time I'm explaining it yet people continue to ignore the point with strawman arguments.

Nobody is saying Blu Ray will be removed, what we are saying is that acting as if a feature doesn't matter if it's removed just because you may not use it is childish. I can't believe how badly people will twist the situation. If you honestly think Sony can get away with saying that then that's asinine. A better defense is for people to realize that it can be used to pirate games, NOT that "it didn't matter". I can't believe how every little comment I make that even slightly doesn't take Sony's side gets turned into something big and completely different to what I'm actually saying.

Utilitarianism was the best approach, so why r u against it?

Biggest2662d ago

This is for Alpha-Male22 and anyone else that has a hard time grasping reality in this situation. You can not point at random "features" and make them the same as the OtherOS feature. BluRay capability isn't even a feature. It is the most necessary function of the PS3. If you can not play BluRay disks, you can not play games. What if Sony tuk ur jerbs? You can what if until you're blue in the face. What they did was lawful. What they did was justified. What they did was provoked. The lawsuits that we see now are from morons. You may not know it, but humans are greedy and opportunistic. This seems like a chance to get some free money because of all the heartache caused by Sony. Unfortunately, it won't work.
I am going to use your logic right now. BluRay capability will not get removed. It is the one way to play retail PS3 games. Everyone that purchases a PS3 knows they are purchasing a video game system. It isn't a super computer. It isn't a computer. Yes, it has other features that other people utilize. But it is what it is. A BluRay needing video game system.