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  1. #1

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    Other OS Removal Lawsuit Number Five

    Thanks to a thread on MaxConsole, i have been made aware of yet another lawsuit filed against Sony for the removal of the Other OS function, with the release of its 3.21 Firmware, this would bring the total amount of lawsuits that we the public know of to five, im sure there are quite a few more out there and i will report of them when i find out about them.

    The Case:
    Jeffrey Harper and Zachary Kummer, individually and on behalf of all others similarly situated.
    V
    Sony Computer Entertainment America, INC.

    Plaintiffs, Jeffrey Harper and Zachary Kummer ("Plaintiffs") bring this action against Defendant, Sony Computer Entertainment America, INC ("Sony" or "Defendant"), individually and behalf of all others similarly situated, and allege as follows upon personal knowledge as to themselves, and as to all matters upon information and belief.

    INTRODUCTION
    1. This is a a class action lawsuit brought by Plaintiffs on behalf of themselves and a proposed class of current and former Sony Playstation 3 ("PS3" or "Console") owners that have had their "Install other OS" feature ("OS Feature") intentionally disabled by Sony.
    2. PS3 is a video game console that was first introduced on or about November 17, 2006 by Sony with the OS feature. this allowed users to install other operating systems on the Console and thereby expand the PS3 capabilities to that of a personal computer.
    3. On or about April1, 2010, defendant released a PS3 firmware update called 3.21 ("Update"), which numerous PS3 owners downloaded onto their consoles. The installation of Update 3.21 had the affect of disabling the OS Feature. Sony purportedly wanted the OS feature disabled to address unspecified " security concerns". Upon information and belief, Sony failed to adequately disclose that downloading and/or installing the Update 3.21 would remove this important feature from consumer consoles.
    4. Sony's decision to introduce the Update 3.21 places Plaintiffs and class members in an untenable position. PS3 owners that do not install Update 3.21 can no longer access the Playstation Network ("PSN"), play games online, access online features, or play PS3 games and/or Blu-Ray discs that require Update 3.21. On the other hand, PS3 owners that do install Update 3.21 lose all access to the OS feature and are effectively locked out from accessing approximately 10 gigabytes ("GB") of memory on their PS3's internal hard drive.
    5. Plaintiffs and other purchasers have paid for the advertised features of the PS3, including the OS feature, that have been involuntarily removed by Sony through Update 3.21.
    To read the full lawsuit, download this PDF
    Last edited by GregoryRasputin; 05-27-2010 at 06:04 PM.

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  3. #2
    Member pcmacro's Avatar
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    YES!!! Keep suing people.

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  5. #3
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    suing people or sony? xD

  6. #4
    Member SuperDre's Avatar
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    I do hope Sony get's hit, and have to restore the function.. As we all know removal of OtherOS has and will do nothing against the hacking process, especially since the hack why they removed it isn't easy to perform without possibly damaging your PS3 (it's a hardware hack and that's always a risc), and even with that hack it still isn't possible to run illegal games because of other security measures...

  7. #5
    Member madshaun1984's Avatar
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    This is getting to be a sorry situation with the ps3, with so many disgruntled customers sony really have dropped the ball this time. While I agree with the lawsuits, I have serious doubts that anything will come of them, and even if they did, sony would just release a free game on the psn, by way of compensation, (but you would have to update to get it).

    If people are really that upset about losing the otheros, they should just not update, when sony realise that they're sales have dropped by a big percentage they would be pretty much forced to re-evaluate the situation.

    I bet these ps3 owners that have filed lawsuits have all updated to the latest fw anyway, and are still happily buying content from the psn, and are just being greedy by filing the lawsuit.

    Sony havent seen a penny out of me since they decide to steal from me by removing the otheros, and they wont see another penny, till the situation is resolved, or a cfw is released that allows me to continue to use the otheros on the latest fw. (even then though they'll probrably ban the consoles that are using a cfw, so will be cutting they're own necks again in my book, as I wouldnt at that point want or even be able to buy psn content again).

    @Sony it really doesnt make good business sense to piss 25-30% of your customers off, it will only force them to push even harder to crack your security methods, and start pirating your content, and the day that happens you'll have no-one else to blame but yourselves for your own stupid (and lazy(we all know you could of patched the exploit by software means without the removal of the OtherOS)) actions.

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  9. #6
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    Re: Other OS Removal Lawsuit Number Five

    I bet these ps3 owners that have filed lawsuits have all updated to the latest fw anyway, and are still happily buying content from the psn, and are just being greedy by filing the lawsuit.
    Correct me if I'm wrong but b updating to 3.21 didn't you wave your right to tqke legal action? Since you agreed to their terms?

  10. #7
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    "3. On or about April1, 2010, defendant released a PS3 firmware update called 3.21 (”Update”), which numerous PS3 owners downloaded onto their consoles. The installation of Update 3.21 had the affect of disabling the OS Feature. Sony purportedly wanted the OS feature disabled to address unspecified ” security concerns”. Upon information and belief, Sony failed to adequately disclose that downloading and/or installing the Update 3.21 would remove this important feature from consumer consoles."

    No actually, it was there pretty much in bold saying that it was removing the Other OS feature. There was even a double-check to confirm if you really wanted to update your PS3.

    -Still disappointed on its removal though.

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