Yet Another Class Action Lawsuit Filed Against Sony - PS3Hax Network

GregoryRasputin · 05-24-2010

It seems that we are seeing one class action law suit after another, IGN UK, reports of another one, bringing the total law suits that we know of, to four.

Here are the important details.

Keith Wright, on behalf of himself and others similarly situated.

V

Sony Computer Entertainment America INC, and Sony Computer Entertainment America, LLC.

Plaintiff Keith Wright ("Plaintiff"), on behalf of himself and all of those similarly situated, hereby complains and alleges against defendant Sony Computer Entertainment America INC ("Sony CEA") and defendant Sony Computer Entertainment America, LLC ("Sony CEA LLC") (collectively, "Defendants"), upon information and belief as to all allegations except those allegations pertaining to Plaintiff personally:

INTRODUCTION

1. This action is brought as a nationwide class action pursuant to Rule 23 of the Federal Rules of Civil Procedure, on behalf of a nationwide class of persons who owned one of the non-"Slim" models of the Sony CEA Playstation 3 video-game console (collectively, the "PS3") during the period of November 17, 2006 to March 27, 2010 and who did not sell their PS3 before March 27, 2010 (the "Class members"). As more fully set forth below, this action seeks damages, restitution, injunctive relief, attorney's fees and costs of this suit for Plaintiff and each Class member.
2. When Sony CEA launched the PS3, it advertised and marketed the PS3 as having additional non-gaming features and capabilities that set it apart from its competitors. One of these features was the ability to install another operating system. such as the Linux operating system, in addition to the primary PS3 system software (the "Other OS" feature). Although the Other OS feature was a major selling point for many of its customers, Sony CEA has now intentionally disabled this and other valuable functionalities of the PS3.
3. Sony CEA's removal of these features constitute an unfair and deceptive business practice under Californian law, constitutes a breach of the sale contract between Sony CEA and its PS3 purchasers, and constitutes a breach of the covenant of good faith and fair dealing. It is also a violation of California's Consumer Legal Remedies Act.

I wish the Plaintiff all the best of luck with his case.

To read full case, download this PDF

To View the other cases:
Case 1
Case 2 and 3

chucklesjh · 05-24-2010

I think people are taking on a brute-force style attack. If enough people try to do this, Sony will just cave in and give something back.

krillen · 05-24-2010

I am thinking Sonys best bet is to just put "Other OS" back on the fat ps3s. It would make all the users and the US Air Force who use it happy. That and it would save them lots of money and idk maybe hurting their rep some(i doubt that).

Pockets69 · 05-24-2010

Take Sony down! They don't deserve nuthin now!, oh and by the way the Air force cluster of ps3's was not affected by this OtherOS removal.

SuperDre · 05-24-2010

Originally Posted by Pockets69

Take Sony down! They don't deserve nuthin now!, oh and by the way the Air force cluster of ps3's was not affected by this OtherOS removal.

Well, actually they are. If a PS3 of the cluster breaks down, they now have difficulties in getting a replacement (even a secondhand) as it's likely it will have a firmware higher as 3.15 installes by now..

I do hope these lawsuits will result in restoring OtherOS, even though I doubt it will lead to anything. I guess they already have some millions set aside for this..

Pockets69 · 05-24-2010

^^ well if you see it in that point of view, yeah it will affect the Air Force, I was talking about that they won't be affected by it, cause they don't use their ps3 to play games therefor they don't need to update.

Draygorth.alkest · 05-24-2010

did everyone forget why other os was removed?
because it was being used to hack into EVERY part of PSN
all these cases are going to fail because of the security issue

Pockets69 · 05-24-2010

^^ don't be silly

Akmzero · 05-24-2010

No one was hacking PSN with the exploit. Were just trying to unlock out systems and keep a feature.

GregoryRasputin · 05-24-2010

Originally Posted by Draygorth.alkest

did everyone forget why other os was removed?
because it was being used to hack into EVERY part of PSN
all these cases are going to fail because of the security issue

Who told you that crazy story, its totaly false.

Sony blocked the Other OS, with what they claimed was security issues, my beleif is that they had planned to do it for a while, regardless of what anyone has done.

I have lost some respect for GeoHot, but to give the guy his dues, his method did nothing that would let the PSN store be hacked.
Even if the PSN store was hacked, Other OS would have absolutley nothing to do with it.

05-24-2010	#1
GregoryRasputin Join Date: Jan 2008 Posts: 14,668 Likes: 8,398 Liked 14,901 Times in 5,706 Posts Mentioned: 1383 Post(s) Tagged: 3 Thread(s)	Yet Another Class Action Lawsuit Filed Against Sony It seems that we are seeing one class action law suit after another, IGN UK, reports of another one, bringing the total law suits that we know of, to four. Here are the important details. Keith Wright, on behalf of himself and others similarly situated. V Sony Computer Entertainment America INC, and Sony Computer Entertainment America, LLC. Plaintiff Keith Wright ("Plaintiff"), on behalf of himself and all of those similarly situated, hereby complains and alleges against defendant Sony Computer Entertainment America INC ("Sony CEA") and defendant Sony Computer Entertainment America, LLC ("Sony CEA LLC") (collectively, "Defendants"), upon information and belief as to all allegations except those allegations pertaining to Plaintiff personally: INTRODUCTION 1. This action is brought as a nationwide class action pursuant to Rule 23 of the Federal Rules of Civil Procedure, on behalf of a nationwide class of persons who owned one of the non-"Slim" models of the Sony CEA Playstation 3 video-game console (collectively, the "PS3") during the period of November 17, 2006 to March 27, 2010 and who did not sell their PS3 before March 27, 2010 (the "Class members"). As more fully set forth below, this action seeks damages, restitution, injunctive relief, attorney's fees and costs of this suit for Plaintiff and each Class member. 2. When Sony CEA launched the PS3, it advertised and marketed the PS3 as having additional non-gaming features and capabilities that set it apart from its competitors. One of these features was the ability to install another operating system. such as the Linux operating system, in addition to the primary PS3 system software (the "Other OS" feature). Although the Other OS feature was a major selling point for many of its customers, Sony CEA has now intentionally disabled this and other valuable functionalities of the PS3. 3. Sony CEA's removal of these features constitute an unfair and deceptive business practice under Californian law, constitutes a breach of the sale contract between Sony CEA and its PS3 purchasers, and constitutes a breach of the covenant of good faith and fair dealing. It is also a violation of California's Consumer Legal Remedies Act. I wish the Plaintiff all the best of luck with his case. To read full case, download this PDF To View the other cases: Case 1 Case 2 and 3

05-24-2010	#2
chucklesjh Member Join Date: Feb 2008 Posts: 152 Likes: 1 Liked 7 Times in 6 Posts Mentioned: 0 Post(s) Tagged: 0 Thread(s)	I think people are taking on a brute-force style attack. If enough people try to do this, Sony will just cave in and give something back. __________________

05-24-2010	#4
Pockets69 Senior Member Join Date: Jan 2008 Location: Lisbon, Portugal Posts: 6,682 Likes: 2,087 Liked 2,451 Times in 1,390 Posts Mentioned: 139 Post(s) Tagged: 0 Thread(s)	Take Sony down! They don't deserve nuthin now!, oh and by the way the Air force cluster of ps3's was not affected by this OtherOS removal. __________________ <eussNL> judge: ´so why did you torrent 5 million AVI of women moaning´ <eussNL> <TizzyT> i dont judge if it sounds good i listen

05-24-2010	#6
Pockets69 Senior Member Join Date: Jan 2008 Location: Lisbon, Portugal Posts: 6,682 Likes: 2,087 Liked 2,451 Times in 1,390 Posts Mentioned: 139 Post(s) Tagged: 0 Thread(s)	^^ well if you see it in that point of view, yeah it will affect the Air Force, I was talking about that they won't be affected by it, cause they don't use their ps3 to play games therefor they don't need to update. __________________ <eussNL> judge: ´so why did you torrent 5 million AVI of women moaning´ <eussNL> <TizzyT> i dont judge if it sounds good i listen

05-24-2010	#8
Pockets69 Senior Member Join Date: Jan 2008 Location: Lisbon, Portugal Posts: 6,682 Likes: 2,087 Liked 2,451 Times in 1,390 Posts Mentioned: 139 Post(s) Tagged: 0 Thread(s)	^^ don't be silly __________________ <eussNL> judge: ´so why did you torrent 5 million AVI of women moaning´ <eussNL> <TizzyT> i dont judge if it sounds good i listen

		PS3Hax Network - Playstation 3 Hacks and Mods > News > PS3Hax News
Yet Another Class Action Lawsuit Filed Against Sony

05-24-2010	#3
krillen Member Join Date: Dec 2008 Posts: 33 Likes: 2 Liked 1 Time in 1 Post Mentioned: 2 Post(s) Tagged: 0 Thread(s)	I am thinking Sonys best bet is to just put "Other OS" back on the fat ps3s. It would make all the users and the US Air Force who use it happy. That and it would save them lots of money and idk maybe hurting their rep some(i doubt that).

05-24-2010	#7
Draygorth.alkest Apprentice Join Date: May 2010 Location: Virginia Posts: 1 Likes: 0 Liked 0 Times in 0 Posts Mentioned: 0 Post(s) Tagged: 0 Thread(s)	did everyone forget why other os was removed? because it was being used to hack into EVERY part of PSN all these cases are going to fail because of the security issue

05-24-2010	#9
Akmzero Member Join Date: Aug 2008 Posts: 88 Likes: 0 Liked 8 Times in 5 Posts Mentioned: 0 Post(s) Tagged: 0 Thread(s)	No one was hacking PSN with the exploit. Were just trying to unlock out systems and keep a feature.

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