It has been over a year since Sony released a firmware that disabled the OtherOS function on the PS3, several people at the time took court case’s, but none as yet have been fruitful, it seems that Sony has won in removing its OtherOS, or has it.
Just recently the Norwegian, Consumer Council has stated that the removal of OtherOS breaks its marketing act, Thomas Nortvedt from the Consumer Council, states that consumers have very little rights when it comes to games consoles he also states that the Consumer Council, should set an example of how much a company should be allowed to strip away from a machine, here is a roughly translated quote from the source:
Consumer Council are now choosing to complain about the game console PlayStation 3, the Consumer Ombudsman. It is after they received several complaints in 2010 that they have chosen to go through the terms of use for the machine, and thus argue that Sony marketing violates the Act.
According to the Consumer Council is the removal of the feature that gave consumers the ability to install Linux as the core of the matter.
- Consumer Council received during 2010 several complaints about a software update for PlayStation 3, which removed the ability to use other operating system other than the manufacturer’s own. The change meant that consumers, including lost opportunity to install Linux and use the console as a normal PC for web surfing, playing legal copies of films or music, or use another software chosen, according to the Consumer Council.
It was in April 2010 that Sony updated the hardware on the PlayStation 3 machines, where they removed the ability to install alternative operating systems. This function has previously been completely open and supported by Sony.
If consumers still want to play PS3 games have no real opportunity to turn down the update – because newer games require the latest version of the hardware update. The removal of this feature should also have been the motivation for the hacker George “Geohot” Hotz recently “opened” the PS3 machine for all time.
Right Resolve consumers
According to Thomas Nortvedt from the Consumer Council, owners of gaming consoles has very few rights.
- When the Sony via the web link to the game console can remove significant properties under the guise that this is an update, so it shows how poorly made the digital consumer in reality, “said Nortvedt in a statement.
- Sony gives itself the right to modify or remove features of the game console of their well-being. We consider this as an obvious violation of the Marketing Act and not least in confidence between producer and consumer.
He adds that there are examples where manufacturers exploit consumers’ lack of rights to remove features, without the consumer’s ability to turn down the changes.
Nortvedt believes it must set an example of how much can be stripped away from a product.
- There must be a limit to what can be considered reasonable changes in the products we buy. Terms of agreement which provides manufacturers free to downgrade the product or reduce the functionality is unreasonable and in violation of the law, “said Thomas Nortvedt in the press release.
- When it used terms such as updates and upgrades, arouses the legitimate expectation that the quality of the product gets better, not that you risk being left with an inferior product.
NB! The lawyer representing Nordisk Film Interactive had no opportunity to comment on this matter to the press four.
According to Nordisk Film Interactive, which is the supplier of the PlayStation 3, there are just under 400,000 PlayStation 3 machines in Norwegian homes.
Thomas Nortvedt
For those of you interested, here is more information on the Norwegian Consumer Agency
Thanks to Multibluesboy and advocatusdiaboli for the tip
