Gamers Preparing To Sue Sony Over Firmware Update

gamrFeed: "When affected users got into contact with Sony, the platform holder told them that they'd have to pay for a repair; as you can imagine this outraged them. It's been around two weeks, and Sony has yet to do anything about the issue which has now hit even more users. One person has decided that enough is enough, and has gotten into contact with a "class action suit attorney" who has been doing some research and even contacted Sony pretending to be a customer suffering from the issue."

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BDSE2780d ago

I bet most of those affected were using CFW, serves the greedy little virgins right.

CryWolf2780d ago (Edited 2780d ago )

So pirates are finally coming out for this lawsuit good just as Sony predicted.

deafwing2780d ago

i'm starting to think these article have less relevance with my gaming life than before; they should put a new ban on them.

BDSE2780d ago Show
HolyOrangeCows2780d ago

*Clicks agreement to update, which states that a feature that was NEVER advertised (despite what fanboys will have you believe) will be removed*

ZOMG! Soni stolez fram me!!

I have no sympathy for the people who bought the PS3 to be a computer. If they had done their research, they'd know that half of the PS3's power is locked off when using another OS. May as well have just gotten a computer as a computer. PS3 is a VIDEO GAME CONSOLE.

UnwanteDreamz2780d ago (Edited 2780d ago )

Why don't you guys just report the trolls instead of feeding them.

Seriously if this guy isn't bashing everything Sony he is spamming his pathetic site. Just report it and save everyone elses eyes from the ignorance.

Heartnet2780d ago

Lol so theyre gonna post on every game website and comment section..

Yeh thats what i want Spam...

BDSE2780d ago Show
budbundystyles2779d ago

@miDnIghtEr20C And 3 years ago it was the opposite, xbots stomping out sdf. Who cares?

Hitman07692779d ago

Wow lol @ fail article and fail lawsuit, the first paragraphs start out with fraud. Excellent smithers.....

jadenkorri2779d ago

actually sony allowed the use of your own hard drive, though was not advertised, was a nice function, I'm sure the update wasn't meant to corrupt the hard drive, but Ive never heard of an exploit that was used with a certain hard drive. Unfortunately these people have no case its just like updating your windows computer and your c: gets messed up, MS ain't responsible, just like sony isn't. Its a risk with any update.

Ashriel2779d ago

lol @ HolyOrangeCows way to miss the point, dude, this article has nothing to do with otherOS and more to do with consoles being bricked :)

next time, at least read the shit you talk trash about...

thats_just_prime2779d ago

$omy has never offered any kind of warranty on their products. $ony know they dont work they just dont care this is the same crap they pulled with the ps2 and DRE when they got sued.

OH and $ony lost

gman_2972779d ago (Edited 2779d ago )

@ thats_just_prime

Since when have the PS3's not worked? From the beginning of this gen until now, the failure rate of a PS3 is leagues behind that of the 360, which was made big because of the original 360's shitty design (thank God they've upgraded it).

And as for just not caring about their customers, yeah, I'm sure they hate their customers when they're giving you free games off of PSN if you're a PS+ subscriber. And, guess what, PS+ still costs less than LIVE at $60 for 15 months. Free online is being a dick as well, even though the great ol' XBL charges you just to play the other half, if not more, of your game.

Yeah, Sony's a real dick /s

AAACE52779d ago

I don't think pirates would be stupid enough to get a lawyer if they were doing something illegal... but there are some stupid people in the world, so anything is possible!

zag2779d ago

And I wonder how many people will be up for paying a lawyer up front and get no result until 10 years later.

it's a real real slow process class actions.

jeseth2779d ago

I'm going to sue Sony for draining my wallet by forcing me to buy awesome game after awesome game!

BattleAxe2779d ago (Edited 2779d ago )

Don't f**k with your PS3 then you damn hackers!

jadenkorri2779d ago

@ thats_just_prime
wow what world do you live on, cause it ain't earth. Since the ps3 launched, they have offered a 1 year warranty. Wow and still butthurt about the ps2. I cant imagine the feeling you have if you got a 360.

AngryTypingGuy2779d ago

Wait, you mean Sony pulls this kind of crap too? Say it ain't so! Remember guys, Sony is a COMPANY that wants your MONEY, not a family member doing you a favor.

I'm sure a few of those guys affected were hackers, but I'm also sure there were honest customers affected who simply replaced their hard drives so they could have more storage on their system. Sony should just do the right thing and reimburse people for any repairs.

PS3 marks the second Sony console in a row that has had a class action lawsuit against it, unless the PS1 had one that I'm not aware of.

BDSE2779d ago

Its funny how everyone I know who has replaced their hard drive (myself included)haven't got CFW and have had no problems??

Weird that. /sarcasm

+ Show (21) more repliesLast reply 2779d ago
fear882780d ago

Wow. Maybe somebody should tell them that the HDD corrupt problem was fixed. All they had to do was pop in the old HDD and update again and then swap for the new one.

It sounds like the lawyer wants a quick buck and the consumer is a dumb brick. Perfect match I'd say.

madao2779d ago

The problem is not fixed for people without the old HDD.

fear882779d ago

Thats because they did not pop in the old hdd. I did the exact same thing. Once I popped in the old HDD everything worked.

These guys just did not bother to pop in the old HDD. They downloaded the update via the site and assumed it would fix it on the new hdd install.

If they end up fracking up their system because they prematurely formatted the old HDD then that would be on them.

madao2779d ago

"They downloaded the update via the site and assumed it would fix it on the new hdd install."

And that's not the way it's suppose to work???

fear882779d ago

No, because the firmware is written to a sort of bios chip. If the bios chip is written to assume any hard disk, except the original, is corrupt than the update won't start. Hence why you pop in the working hard disk and update through the system menu again and then swap out the hard disk.

I had the issue first hand but I at least knew how to approach this.

Bear_Grylls2779d ago

I think Mando disagrees with you Fear88 lol...

Even though you are perfectly correct :-)

madao2779d ago (Edited 2779d ago )

You are not suppose to need the original hdd in order to upgrade. Pop in a new hdd and usb stick with firmware version equal or higher than the one installed on the PS3 and the install should complete successfully. The process never asks you to put the orignal hdd back in for whatever reasons. This is designed so in the event the old hdd is lost/dead/damaged/etc, you don't end up with a big black paperweight.

Let's assume the whole 3.56 affair never happened. If I were to take out my PS3 hdd and format it, put it back in and install firmware from usb, it should still work.

Firmware 3.56v1 is not working as intended because the PS3 is not suppose to assume any hard disk except the original, is corrupt. 3.56v2 offers a partial fix, it only works for people who still have the HDD with 3.56v1 on it.

What about those who due to whatever unfortunate circumstatnces don't? Do they not deserve a proper fix from SONY to return their PS3 to the way it's supposed to work? Why should they be blamed and ridiculed for an issue caused by buggy software released by SONY?

gypsygib2779d ago (Edited 2779d ago )

I have no sympathy for thieves

....I lose by paying more sony loses by getting paid less.

FUCK pirates...poor PsOS

+ Show (4) more repliesLast reply 2779d ago
Anon19742780d ago

Really? Do we have to go through this every single time an Update is released?

It seems like whenever there's a firmware update we're subject to "New update breaks system," or "Sony sued over bricked consoles."

And then these articles are never heard from again. What of the other dozen supposed lawsuits regarding updates bricking consoles? What about the lawsuits about OtherOS - where are those now? Considering it was an update to stop hackers and modders, doesn't it make sense that this could potentially be behind the root of the problem.

Face it, kids. We live in a world where Microsoft sold a faulty console for years. Faulty. Known to be faulty. Hardware errors, disk scratching (both I personally experienced) and despite numerous lawsuits Microsoft was never held to account for duping the public into buying a product which allegedly had a 1 in 2 failure rate.

If Microsoft couldn't be sued for selling a broken product to millions, where do you think a lawsuit will go regarding a software update that may have broke a couple of systems? That's right. Nowhere.

Firstkn1ghT2779d ago (Edited 2779d ago )

Here's the thing...

Microsoft recognized the problem and fixed the problem for free with an extended warranty. Contrary to popular sony fanboy belief, the newer chips solved the problem. And all the other errors you mention are your typical wear and tear that effect all electronics.

Here we have Sony releasing an update that MALFUNCTIONS your aftermarket HD. Something that was PERFECTLY OKAY to do before the update. And now Sony just acts stupid and ignores the problem. YROD or this, and you have to put up the bill.

If you can't see the problem in this, well than this just proves that you are one of those die hard sony fanboys that give sony too much slack. Exactly the suckers that Sony crave on.

ShinMaster2779d ago

NO. They didn't fully fix the problem.
Older 360s could not be fixed because a chip cannot be simply updated.

The only "fix" would be to BUY a NEW Xbox 360, which had the newer chip.
Extending the warranty doesn't fix or solve anything.

The newer chips released after the original ones, which promised to "fix" the problem, did not.
It wasn't UNTIL the Slim version of the 360 came out that they had a new and better design which makes the failure rate a lot lower.

You make it sound like everyone's 360 automatically turned into a Slim the moment M$ released them, therefore, problem solved. /s

Please. That still doesn't excuse 4+ years of fail.

Darkride66's post was right on the spot.

Firstkn1ghT2779d ago (Edited 2779d ago )

LOL! The RROD was not a major problem way before the Slim came out.

Just checked your comment history. You must of missed my post that was pointed directly at people like you..."Contrary to popular sony fanboy belief, the newer chips solved the problem."

Answer me this sony fanboy... How do you feel about what Sony is doing here? You think it's wrong? Or right?

I swear you sony fanboys are so predictable and hypocritical. If this was Microsoft, you would be bashing them all to hell.

Ashriel2779d ago

"may have broke a couple of systems" wow, way to minimize the problem...
serves you right

gman_2972779d ago

@ Firstkn1ght
Is everyone a Sony fanboy to you? Think about this...

The mods and admins of this site have been.... a little defensive of the 360 and we all KNOW that. If their willing to give this guy a "Well said", he probably isn't a fanboy. For 4+ years, the 360 had a huge failure rate, that's not a lie, that's a fact.

I'm sorry, but if you can't face exactly what darkride66 said because your 360 fanboy goggles are 4x worse than that of the mods on this site, maybe it's you that has the problem.

ShinMaster2779d ago

So... you're in total denial then?

Completely ignoring all confirmed facts and forgetting all the people that have had their 360s breakdown is ok?
Was that not an issue?

This site makes a big deal out of nearly every PS3 update.
Geez you're a hypocrite.

PS3n3602779d ago

the difference is MS fixed the broken consoles for free for 3 years where as Sony is saying Go Fu** Yourself if your console breaks. The 360 failure rate was unacceptable for sure, I had one go on me too, but they replaced it for free and offered me a free game for my trouble.

smashman982779d ago

and u know why they fixed it for 3 years... because of the failure rate it really is just a circle

CommonSense2779d ago (Edited 2779d ago )

we also live in a world where sony sold faulty PS2s for years and you people still idiotically defend them to the death. and while MS should be ashamed of themselves for their early hardware, at least the offered a 3 year extended warranty to make it right. can't say that about sony

and firstknight is right about one thing, if this were about 360 all the same people here being apologists for sony would be slamming 360. you ARE hypocrites. grow up

ShinMaster2779d ago (Edited 2779d ago )


Geez you guys are irrational.

+ Show (9) more repliesLast reply 2779d ago
xAlmostPro2779d ago (Edited 2779d ago )

They were most likely trying to hack, it was known that the latest update removed the ability to downgrade your ps3 to a firmware the jailbreak works on.. it also allowed sony to detect jailbreak/cfw users.. chances are these guys got busted..

Plus how can we know for sure that the guy on the forum actually has a top class lawyer looking into it? lol..

palaeomerus2779d ago (Edited 2779d ago )

Why are you posting this stupid shit?

Sony put out a faulty update that is forcing some people to format their hard drives to get the update to run and losing all their data. Sony's alternative to this is to pay them for an expensive repair.

A lot of those affected seem to be people who bought and installed a larger hard drive after being told by Sony that that was a perfectly cool thing to do as major selling point for the PS3 contrasting it with the expensive caddy HDD of the 360. Now these people are hackers? WTF? This isn't even the first time that this has happened idiot!

Assuming that the people affected must all be hackers and that Sony MEANT to screw them over with their rushed out barely tested "security" update and that they were right to do it just proves that you are an extremely naive, deluded asshole.

People will HATE Sony if this continues and it affects enough people. This situation makes Sony look like a shitty, careless, uncaring company that doesn't deserve its market share.

Try not to be such a dumb, uninformed SDF-tard prick, alright? You are only helping Sony to make themselves look like an awful, pathetic, greedy, bullying company that deserves to be a lot further in third place than it is right now.

You think hearing about shit like this makes me want to buy an NGP?

xAlmostPro2779d ago

@palaeomerus how is it "stupid shit" ? Many people have had no problem with the issue, most of whom have no contact with jailbreaks or cfw..

this particular forum guy has spoken about the jailbreak in other posts, chances are he tried to use cfw and that caused the update to mess his ps3 up, it's a fair assumption.

I also never never assumed EVERYONE with the problem was a hacker of some what, i was referring to the specific people in this article, so please before you go on a rant and start chucking words like "dumb prick" at people, atleast read the comment properly and use your common sense..

These are comments for this article, i commented on the details of this article with my opinion..

And as for your NGP statement at the end, after reading your comment.. i couldn't give a crap what you do or do not buy, take your arrogance elsewhere :)

thorstein2779d ago

It was one guy. He talked to A lawyer.

How does that become "GamerS plan to sue SONY???"

And sue for what exactly? Lost data? Lulz... I know of no preceding lawsuit wherein a company successfully sued a manufacturer for lost data. And since the data is corrupted or lost, have a nice time trying to prove that you had any to begin with.

I wonder if this is the same lawyer that told SuperBowl fans that they had a lawsuit after the NFL refunded their admission 3 times over, gave them tickets to the next SB, air fare and hotel accomodations!

Talk about greed. These types of lawsuits never end well for the rest of us. It just means things will be more expensive in the future.

Oh... and don't you think thousands of people would have beaten Microsoft for the RROD?

rob60212779d ago

'Gamers' what? they mean 'hackers'. You know this is just their way of trying to 'get back' at Sony for going after hackers - hackers always do the eye-for-an-eye thing. Hackers rarely see themselves in the wrong.

Christopher2779d ago

***One person has decided that enough is enough, and has gotten into contact with a "class action suit attorney" who has been doing some research and even contacted Sony pretending to be a customer suffering from the issue.***

I was told "gamers." Since when has a single person been more than one gamer?

Also, what this article doesn't cover? The fact that many of them have this covered under their warranty.

***Making sure we get our ducks in a row, he encouraged me to tell all of you to make some major noise on every forum and comment section of every ps3 news, review, and preview section of every game site you frequent.***

WRONG! No lawyer in their right mind would EVER tell you to do this UNLESS they DID NOT HAVE A CASE and were looking for a QUICK PAYOUT on the basis of said noise!

***The 2 weeks of damage has already been done, and they have continued to profit from repair costs and new console sales by not issuing a public statement after the issues occurred or issuing a disclaimer prior to posting versions 1 or 2 of 3.56.***

People really need to learn to read EULAs much better. They're not liable for damages like this. They will cover issues that arise as specified under one's warranty. If you do not have one, they will provide the ability to fix this through their standard repair model.

blahblah2779d ago (Edited 2779d ago )

and you should learn 2 things.

1) EULA is not valid in many countries. as you don't see it before buying.
2) i could put in EULA for my software that you will buttrape your self every day and post it on youtube somewhere on page 50 and you will still agree as not even 0.00001% reads them. will you still say i'm entitled to what you agreed?

read about norway laws
how much do you think you can do with EULA which breaks national law in some country?

bullshit in EULA's here

Kurylo3d2779d ago

hahaha "blahblah" just made u look stupid lol...

palaeomerus2779d ago

EULA's don't even over-rule local municipal or county laws. Does anyone seriously think that a company can invent a magical economy free of commerce laws and consumer rights by proclaiming a purchase and use of the product is a de facto contract that is binding yet offers no consideration to the supposed signing party who is often unaware of the terms or the signing?

Christopher2779d ago (Edited 2779d ago )

1. You guys are completely wrong about EULAs. Here's some education. Each EULA has a section on sevarability. This section says that any portion of the agreement that would not apply in your region (country, state, etc.) is removed while the rest of it is still valid. EULAs are completely upheld as a contract for those portions that do not defy a regional law.

An example of this is that MMOs have a clause in their EULAs that say that if you're account is banned, they do not have to refund you any unspent subscription fees for time left on the subscription. But, California has a law that says that you can't do this and you have to pay the owed money back to the person's account who was banned. But, this only works in California. In other states, they do not need to perform the same refund. Just because this one portion of the EULA is not upheld in California it doesn't mean that the rest isn't. In fact, the World of Warcraft EULA has been upheld many many many times in California and other states where portions of it are not upheld due to state law.

2. You can put whatever you want in EULAs considering that it's likely to be easily over-ruled by state law if it's anything ridiculous or pertaining to transferring ownership of anything tangible and not related to the software itself. EULAs are required to pertain only to the ownership of the software and intangible assets derived from the use of the software.

***EULA's don't even over-rule local municipal or county laws.***

They're not intended to. They're intended to account for every possible element and keep the portions that aren't overruled.

Seriously, guys, don't come here with extremely ignorant ideas on the law. I've worked at a law firm with this type of stuff, it's far from unenforceable. But, so many people in the gaming community just spout out that EULAs as a whole aren't enforceable or aren't valid in many countries. Guess what? They have EULAs or similar contracts that are upheld in those countries as every country has laws to protect the rights of companies just as they do consumers.

+ Show (1) more replyLast reply 2779d ago
lil Titan2779d ago

middle finger those hackers and those people who use lag switches on both systems

TBM2779d ago

Lol anything for a quick buck huh?

tastelessgamer2779d ago

You can't screw your customers Sony! We will only take so much!

palaeomerus2779d ago

Look at these festering idiots. They'll let Sony saw off their feet and sell their kidney's someday.

harrisk9542779d ago

I guarantee that this is a set-up by an attorney. Since lawyers are not allowed to solicit themselves, they find a person who will serve as the class representative and get them to "spread the word." All these suits do is make money for the lawyers. Consumers get no "damages." This guy makes it sound as if Sony will be paying out money to affected people. No. Sony will be paying out money to the class action lawyers to make this go away. It is extortion pure and simple... I should know since I am an attorney. I actually just filed suit against AT&T for issues with its bundled services discount program.

chriski3332779d ago

yup but hackers need to be found and deleted this is bullshit these hackers are gonna mess everything up for the people that just want to jump on and play our games

Blacksand12779d ago

He shouldn't be trying to hack his system

Bear_Grylls2779d ago

%100 right, pirates and hackers be the only ones to disagree.

It's a game machine and when they hack it and get online it makes it worse for everyone else who is doing the right thing.

+ Show (9) more repliesLast reply 2779d ago
naznatips2780d ago

Another useless lawsuit. I hate this country.

ElementX2780d ago (Edited 2780d ago )

Funny, the "one person" link is to the EU playstation forums, nice try blaming US citizens

Downtown boogey2780d ago

I'm just freaking wondering how long it's gonna take until they'll make effective laws concerning piracy and develop proper systems for sustaining them.

MysticStrummer2780d ago

Someone expresses displeasure with the US, assuming that's even the country they're referring to, and you tell them to leave. You just proved you have little idea what "freedom of speech" means. Some patriot. You must be a conservative.

Mottsy2779d ago

Freedom of speech is one thing. but if you dont like where you are from. no one is making you stay here. get the hell out! I swear people stay here just so they can cry about everything

GunofthePatriots2779d ago (Edited 2779d ago )

Thank you Mottsy.
I love it when people say they hate this country and remain to live here. Just leave already! Freedom of speech? No, you're just being an ignorant dumbass.
You hate this country because people file lawsuits? Go live in the Middle East where your life is on the line everyday.

budbundystyles2779d ago

GREAT REPLY!!! Because the super convenient country transfer paperwork is readily available? Clearly he was using hyperbole.