As i reported here over a week ago, Anthony Ventura filed a class action lawsuit against Sony, for the removal of the Other OS feature in the 3.21 firmware update, it emerges thanks to IGN that Sony has had two more lawsuits filed against them.
Here are the important bits:
The first case filed on the 30th of April 2010
Jason Baker, Sean Bosquett, Frank Bachman, Paul Graham and Paul Vannatta, individually and on behalf of all others similarly situated.
VSony Computer Entertainment America, LLC successor to Sony Computer Entertainment America, INC.
Nature Of Action
1. Sony Computer Entertainment America, LLC successor to Sony Computer Entertainment America, INC (“Sony”) marketed and sold its Playstation3 video games console (“PS3″) as including valuable functions, such as the “Other OS feature, unified online gaming service, Playstation Network, multimedia capabilities and Blu-Ray technology. The PS3 could run a Linux operating system that transforms the PS3 into a home computer. Because of such exception features, the PS3 was the most expensive gaming console on the market when launched in 2006.
2. Sony has now intentionally disabled valuable functions of the PS3 for which consumers paid a premium price over other gaming consoles. This retroactive cripplingPS3 functionality breaches the contract between Sony and its PS3 customers, breaches the covenant of good faith and fair dealing, and violates the California Consumers legal Remedies Act and Unfair Competition Law.
3. Plaintiffs seek to represent a class of all persons in the United States who purchased a PS3 during the period beginning November 17, 2006 through March 27, 2010, and still owned their PS3 as of March 27 2010 (“Class”). Plaintiffs seek to recover for themselves and each Class member compensatory damages, restitution, injunctive relief, attorneys fees and the costs of this suit.
To read the rest of the case, download this PDF
The second case filed on the 5th of May 2010.
Todd Densmore and Antal Herz
V
Sony Computer Entertainment America, INC, a Delaware corporationNature Of Action
1. Since Sony introduced the Playstation 3 (“PS3″) in 2006, one of its advertised features included the “Install Other OS” function that allowed users to install and run other operating systems such as Linux.
2. On April 1, 2010 Sony released a PS3 firmware update version 3.21 (“Firmware 3.21″) for the specific purpose of disabling the “install Other OS” function, PS3 users who do not install Firmware 3.21 lose the ability to sign on to the Playstation network (“PSN”), play online games, access other online features, and play PS3 games or Blu-Ray discs that require Firmware 3.21 or higher
3. Defendant intentionally accessed PS3 systems and intentionally transmitted Firmware 3.21 with the knowledge and intent of disabling its advertised “Install Other OS” function.
4. Plaintiffs paid for PS3 features and functions that defendant has rendered inoperable as a result of Firmware 3.21.
5. Defendants actions have resulted in injury in fact and lost money or property plaintiffs. Plaintiffs, on behalf of themselves and the proposed Class (as defined in paragraph 33 below), hereby seek damages and other relief the court deems just.
To read what paragraph 33 says and the rest of the case says, download this PDF
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