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.
Jeffrey Harper and Zachary Kummer, individually and on behalf of all others similarly situated.
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.
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