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  • Posted by GregoryRasputin , on 02/01/2011 , @ 07:20pm

     

    I have read quite a few histories on game consoles, they all have been greatly written by great authors, but they all seemed incomplete, they didn’t portray the full history, the full essence of the machine, so as i am involved in the PS3 scene and know quite a bit about it, i thought i would write a complete history, containing the good, the bad and the ugly and believe me the PS3 has quite an exciting history and future, i wanted to write a history that will be enjoyed by everyone, one where people like myself wouldn’t finish the story, thinking there is something missing, i would also like to mention, that this work is my creation, i have written it in my own words, most of it from memory, sourced from various places over the internet, but mostly from ps3hax.net, so without any more interruption, here is the history of the PS3:

    2005

    16th of May 2005
    The world was awoken, to the news of a brand new console, this wouldn’t be a console, but a super computer, it would have everything that you needed for your gaming/media/computing needs, for ten years at least, the original console which was showcased, was silver in colour and had what appeared to be a brand new control pad design, it resembled a boomerang, it had three 10/100/1000 Ethernet ports, two HDMI ports and six USB ports, though unfortunately that wouldn’t be the final design, here are the specs revealed at Sony’s E3 presentation 2005:

    Product Name: PlayStation 3

    Logo: PLAYSTATION(R)3

    CPU: Cell Processor

    PowerPC-base Core @3.2GHz
    1 VMX vector unit per core
    512KB L2 cache
    7 x SPE @3.2GHz
    7 x 128b 128 SIMD GPRs
    7 x 256KB SRAM for SPE
    * 1 of 8 SPEs reserved for redundancy
    Total floating point performance: 218 GFLOPS

    GPU: RSX @550MHz

    1.8 TFLOPS floating point performance
    Full HD (up to 1080p) x 2 channels
    Multi-way programmable parallel floating point shader pipelines

    Sound:

    Dolby 5.1ch, DTS, LPCM, etc. (Cell-based processing)

    Memory:

    256MB XDR Main RAM @3.2GHz
    256MB GDDR3 VRAM @700MHz

    System Bandwidth:

    Main RAM — 25.6GB/s
    VRAM — 22.4GB/s
    RSX — 20GB/s (write) + 15GB/s (read)
    SB — 2.5GB/s (write) + 2.5GB/s (read)

    System Floating Point Performance:

    2 TFLOPS

    Storage:

    Detachable 2.5″ HDD slot x 1

    I/O

    USB Front x 4, Rear x 2 (USB2.0)
    Memory Stick standard/Duo, PRO x 1
    SD standard/mini x 1
    CompactFlash (Type I, II) x 1

    Communication:

    Ethernet (10BASE-T, 100BASE-TX, 1000BASE-T) x 3 (input x 1 + output x 2)
    Wi-Fi IEEE 802.11 b/g
    Bluetooth 2.0 (EDR)

    Controller:

    Bluetooth (up to 7)
    USB 2.0 (wired)
    Wi-Fi (PSP)
    Network (over IP)

    AV Output

    Screen size: 480i, 480p, 720p, 1080i, 1080p
    HDMI: HDMI out x 2
    Analog: AV MULTI OUT x 1
    Digital audio: DIGITAL OUT (OPTICAL) x 1

    Disc Media:

    CD PlayStation CD-ROM, PlayStation 2 CD-ROM, CD-DA, CD-DA (ROM), CD-R, CD-RW, SACD, SACD Hybrid (CD layer), SACD HD, DualDisc, DualDisc (audio side), DualDisc (DVD side)
    DVD: PlayStation 2 DVD-ROM, PlayStation 3 DVD-ROM, DVD-Video, DVD-ROM, DVD-R, DVD-RW, DVD+R, DVD+RW
    Blu-ray Disc: PlayStation 3 BD-ROM, BD-Video, BD-ROM, BD-R, BD-RE

    Below, is 2005′s E3 PS3 Presentation, it is split into 14 minute segments for easier viewing:

    8th Of June 2005
    Gotou Shigehiro of Japan’s PC Watch, interviews Sony Computer Entertainment CEO Ken Kutaragi regarding the PS3, i screen capped the below images from the Beyond3D forums, clicking on the images, will enlarge them, making them more readable:

    Original Interview.
    Beyond3D Forum - Translated Version Of Interview.

    2006

    (more…)


  • Posted by GregoryRasputin , on 15/11/2010 , @ 05:30pm

     

    Xoeo, responsible for releasing the PSN payload for jail broken devices, has released his own persobal payload, here is what it does:

    * Based on the PL3 code structure, but contains implementation of Hermes for increased stability.
    * Allows playing of PS1/PS2 games in JB mode
    * Enables Life with Playstation in JB Mode
    * PSN Access (Different implementation from what’s out there right now)
    * 3.50 Spoof
    * Fixed the bug of Linux menu disappearing under XMB

    SOURCE

    DOWNLOAD

    NOTE This will not enable non BC consoles to play PS2 games.

  • Posted by GregoryRasputin , on 10/11/2010 , @ 11:50am

     

    Well it seems there is a rumor flying around (confirmed working read below), that accessing PSN is possible on Jailbroken consoles that have firmwares 3.15 and 3.41, using the PS3Yes Hex, here is a very badly translated quote from the source:

    Earth’s starting to crack after the PSN, I braved the danger of the machine up the BAN (3.41 firmware update YES dogs, I can not test)

    Earth’s starting to crack after the PSN, I braved the danger of the machine up the BAN. . .

    Use at your own risk of being BAN

    Say that I am bragging, please brush my brothers 3.15 system firmware, on the PSN.
    3.41 system I do not PS3, If any brother to provide a 3.41 to LV2DUMP, I have 10 minutes to do a good job of firmware 3.41 on the PSN.

    YES dog firmware 3.41 PSN, not the conditions tested.

    DOWNLOAD 3.41 Hex

    DOWNLOAD 3.15 Hex

    SOURCE Via PSX Scene

    UPDATES:

    EDIT
    gliitch has stated on IRC that he has got it working:

    * HaX gives voice to gliitch
    GUESS WHO HAS PSN BABY!!!
    ;)
    jimbob101 front paged
    gliitch so does it work????
    gliitch really ?
    <- Skyknight has quit (Ping timeout)
    yep
    YUP
    :D
    * Cael eternally bitch-slaps gliitch for having an compatable board
    can you play online?
    VIDEO!!!!!!!!
    thanks mate GregoryRasputin
    on it :D

    He is uploading a video, will re edit when it is finished.

    EDIT 2

    Video Uploaded :D

    UPDATES #3:

    Arduino Duemilanove/Mega Ports by ricardopvz available for download HERE.

    Sony can BAN you with this (no confirmed reports yet), so it is detectable - be cautious if using it to play backups you might end up with a ban hammer. More details here.

  • Posted by GregoryRasputin , on 22/07/2010 , @ 01:45pm

     

    As i reported a few times on the forum, several PS3 owners are suing Sony for the removal of the Other OS, an undisclosed, source of Maxconsole has reported to them, that all the Other OS lawsuits, will be combined into one huge lawsuit, here is what Maxconsole said:

    Here’s the information a source received from a legal offering (who has given to us and wishes to remain anonymous):

    In essence, the claims in these cases are that Sony Computer Entertainment of America (“Sony”) falsely represented that PS3 purchasers would be able to use their PS3s as a computer by installing another operating system, such as Linux. In a recent firmware update, Sony removed the ability of consumers to utilize this feature. As a result, seven class actions were filed against Sony in federal court in San Francisco, California.

    We are pleased to announce that, at the request of all counsel, United States District Judge Richard Seeborg has consolidated all of the pending class actions against Sony relating to “Other OS” litigation into one action. As part of that consolidation, the attorneys in the consolidated actions agreed upon an organizational structure to prosecute this action against Sony as a united front. At the request of all of the attorneys, Judge Seeborg ordered that three law firms with offices in San Francisco where the litigation is pending will serve as co-lead counsel (Calvo & Clark, LLP; Finkelstein Thompson, LLP; and
    Hausfeld, LLP). We are also pleased to announce that Meiselman, Denlea, Packman, Carton & Eberz P.C. has been appointed by the various plaintiffs’ law firms as the firm responsible for acting as a liaison with you and other potential class members. Please don’t hesitate to contact us with any inquiries you may have concerning the litigation, and we will periodically update you as developments warrant.

    The next step in the litigation is to file a Consolidated Class Action Complaint, which we anticipate filing by the end of the month. Sony will then respond to the Complaint, and we will return to the Court in September to discuss the next steps of the litigation.

    Source

    Here is a list of links, for information regarding the names of Judges and Lawyers mentioned above.
    Judge Richard Seeborg
    Calvo & Clark
    Finkelstein Thompson
    Hausfeld
    Meiselman, Denlea, Packman, Carton & Eberz P.C.

  • Posted by GregoryRasputin , on 20/06/2010 , @ 05:47am

     

    While most of the cases that i have reported about, have come from America, this one comes from the opposite of the world, Australia.

    Michael Trebilcock a 25 year old from a town called Modbury, is suing Sony for $800AU, for the removal of the Other OS function, here is a quote from the source:

    Mr Trebilcock’s complaint is with the “Install Other OS” feature included in the PlayStation 3 he bought in March 2007.

    The feature allowed PlayStation users to replace the standard PS3 operating system with a different one, such as Linux - a popular free alternative to Windows available for download on the internet - allowing them to use the device as a personal computer as well as a video games console.

    However, an “optional upgrade” introduced by Sony on April 1 deleted the feature - rendering useless any other programs already downloaded to the console.

    Mr Trebilcock has lodged a claim at Holden Hill Magistrates Court where he is seeking $800 from Sony - a figure he said was reached by calculating how much it would cost to rent a laptop for each day the component has been removed - plus $116 in fees. He said the function had been “praised by Sony as the most powerful feature of the PS3″ ahead of the machine’s launch, and was the main reason for his purchase.

    “One of the reasons I bought (the PS3) was for this feature - it allowed you to use the PS3 as a computer, not just a games console,” Mr Trebilcock said.

    “You could attach printers to it and print documents, you could use Messenger and Firefox web browsing.

    “But (Sony) decided that particular part of the system, which they had marketed as one of the reasons for buying it, was posing a security risk, and removed it.”

    Sony Computer Entertainment Australia said the feature was removed because of security issues, and said it had been part of an “optional” software update.

    “Whilst we are mindful of the impact that this decision may have on affected users, we nevertheless felt compelled to (remove the function) due to security concerns,” Sony wrote in a letter to PlayStation 3 buyers after the change, a copy of which has been lodged with the court.

    “Given the very small number of users taking advantage of this option, we feel that it is a prudent safeguard for the ongoing development of the product which will ultimately benefit all PlayStation 3 users.”

    The letter points to a warning on the PS3 packaging which states “design and specifications are subject to change without notice”.

    But Mr Trebilcock said the console was “almost useless” if owners did not carry out the update, because failure to do so would prevent them from playing games online, chatting to other users or playing future game releases.

    “They claim it’s optional. However, if you don’t update you can’t play online games and you can’t play new Blu-Ray titles in the future and you can’t talk to anyone online,” he said.

    “It becomes almost useless … You could use it to watch DVDs and maybe a little bit of web browsing, but for game playing - and a lot of it is online now - by not updating it’s pretty much useless.

    “So for all intents and purposes it’s a mandatory update.”

    Source:
    Adelaide Now
    Via:
    Herald Sun

  • Posted by GregoryRasputin , on 04/06/2010 , @ 04:03pm

     

    MaxConsole reports of yet another Lawsuit filed against Sony for the removal of the Other OS feature, making it the sixth known case.

    It has been two long months for those that want to keep their Other OS function, even with all these lawsuits, Sony doesn’t seem to be bending, nor do they seem to care, GeoHot seems to have vanished into thin air and the rest of the scene is quiet, so i guess those of us that refuse to bow down and accept Sony’s downgrading of the PS3, will have a very long wait.

    Anyhow, here is the lawsuit in question:

    Jonathan Huber, on behalf of himself and all others similarly situated.
    V
    Sony Computer Entertainment America LLC, formerly Sony Computer Entertainment America INC, a Delaware corporation.

    Plaintiff Johnathan Huber (“Plaintiff”), on behalf himself and all others similarly situated, alleges the following.

    INTRODUCTION

    1. Defendant Sony Computer Entertainment America LLC, formerly Sony Computer Entertainment America INC (“SCEA”) is one of the worlds leading manufacturers of advanced video and computer entertainment systems. Its Sony PlayStation 3 video game console (hereinafter referred to as the “PS3″) has been purchased by approximately 35.7 million consumers across the globe.
    2. When it first introduced the PS3 in 2006, SCEA advertised, promoted, warranted and sold the system as more than just a video games console. It specifically advertised the PS3′s “Other OS” feature as an essential and important characteristic, which enabled users to install the Linux operating system in the PS3 and use the PS3 as a personal computer. SCEA used the PS3′s ability to serve as a personal computer, in addition to its other advanced features such as the capability of playing Blu Ray DVD’s. to distinguish the PS3 from its competitors, such as Microsoft’s X-box 360 and Nintendo’s Wii.
    3. On April 1, 2010, SCEA released a Firmware version 3.21 software update (hereinafter referred to as the “Firmware update 3.21″) for the PS3, intentionally disabling the “Other OS” feature that enabled the PS3 to be operated as a personal computer for purported “security reasons”. This action directly contravened one of the PS3′s primary purposes, ie, its use as a personal computer and constituted breaches of express and implied warranties, conversion and violations of numerous California and consumer protection laws.

    For full lawsuit, read this PDF

  • Posted by GregoryRasputin , on 31/05/2010 , @ 08:23am

     

    Our very own Senior Member SlyRipper, has just recently posted a thread, in which it shows a screenshot of the twitter page of renowned PSP genius Mathieulh describing how GeoHot made his CFW, not a lot is revealed or explained, just enough for you to catch a grasp of what is happening, in one of the tweets, Mathieulh explains how the CFW method created by GeoHot can be easily patched.
    So the question is, has GeoHot disappeared because he realises that his CFW is of no use, or is he working on refining it so that it cant be patched.

    Continue the discussion here

  • Posted by GregoryRasputin , on 27/05/2010 , @ 06:02pm

     

    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

  • Posted by GregoryRasputin , on 23/05/2010 , @ 03:00am

     

    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

  • Posted by GregoryRasputin , on 22/05/2010 , @ 04:45pm

     

    Well it was inevitable, a game would be released that would require a firmware, above 3.15, meaning that either you don’t update and miss out on the game, or update and lose OtherOS.
    TheSixtAxis reports that one of this years most anticipated games, Read Dead Redemption is one of those games that requires 3.21 or above, it even comes with the firmware on the disc.

    So i guess we will see more of the small minority updating in order to play this game, im not updating, my PS3 had OtherOS on it when i bought it, it will have OtherOS when it no longer works, ill just get the game for my 360.

  • Posted by GregoryRasputin , on 08/05/2010 , @ 07:56am

     

    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.
    V

    Sony 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 corporation

    Nature 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

    If you would like to read where i got the source that helped me write this story, Visit

  • Posted by GregoryRasputin , on 04/05/2010 , @ 08:11pm

     

    As i reported here last week, a PS3 owner decided to take Sony to court over the removal of the Other OS feature, today, the PS3 owners attorney spoke to IGN about the case, this is what she had to say.

    Many IGN readers wanted to know what this all means for them, so we spoke to Rebecca Coll, the attorney from the firm Meiselman, Denlea, Packman, Carton & Eberz P.C. who filed the suit against Sony. She helped break down the court process behind this class action lawsuit and what PS3 owners should be aware of going forward.

    Coll said it’s entirely too early in the case to predict when this might go to trial. But she said everyone who purchased a PS3 can be included.

    We are going to ask the court to let us proceed as a nationwide class action. If the court agrees, the court will ‘define the class,’” she told IGN. “Right now, our proposed ‘class definition’ includes everybody in the country who bought the PS3 from the time of launch until March 27, 2010.”

    “This class definition reflects, in part, that Sony commanded a much higher price for the gaming console based on the functionality of the ‘Other OS’ feature at the time of its launch and trumpeted the ‘Other OS’ feature in its subsequent marketing,” she explained. “As a result, consumers paid much more for a product than they should otherwise have been charged now that Sony has disabled the ‘Other OS’ feature.”

    “If the court adopts this definition, then everyone fitting within that definition would automatically be included in the class action, unless they choose to ‘opt out,’” she added.

    Coll explained that notifications of the class action will then be sent to PS3 owners through various ways.

    “Once the court defines the class, the court will order that the ‘class’ receive notice of the action,” she said. “Notice methods vary. Sometimes notice is by publication in newspapers, by mail, by email, through internet postings, or any combination of those” she said. “The notice will advise class members how long they have to ‘opt out’ of the class. Sometimes, if there is a settlement at or before the time the class is certified, this ‘class notice’ also lets people know how they can file a claim, and tells people the deadline to file their claims.”

    “In other words, people technically do not need to do anything to ‘sign on’ to the lawsuit—if they fit within the class definition then they are automatically part of it unless they affirmatively ask to be let out of it after the class is certified,” she explained.

    Coll said PS3 users are encouraged to contact the firm to share their experiences. The group is compiling a database of dissatisfied Sony consumers, and will provide status updates as the litigation unfolds. Head over to their website to learn more.

    As for what PS3 owners interested in this case should do in the meantime, Coll said to hang onto your console, packages, and receipts (if you have them) until this litigation is over.

    Source:
    What the PS3 Class Action Lawsuit Means For You

    Also for those of you wishing to get involved:
    If you bought a PS3 and would like to receive additional information, please send an e-mail message to [email protected]
    or visit here

  • Posted by GregoryRasputin , on 27/04/2010 , @ 03:14pm

     

    First it was reported that the online super site Amazon gave a partial refund to a customer for the loss of the OtherOS, then not long after, we reported here at HaXNetwork that Sony were refusing to refund PS3 users for the loss of the Other OS function, stating that it was up to retailers if they wanted to refund.

    Now it emerges that ThreeDog from Maxconsole tried to get a refund from the UK’s largest gaming mega store GAME.

    This is the response email from GAME:

    Thank you for your email.

    Thanks for your email, may I at the outset apologise for the delayed response. We are currently receiving a high number of emails and we are working to respond as quickly as possible.

    I can confirm that GAME are not in a position to offer a refund for your PS3 console.

    Upon setup of your PS3 console you would have agreed to a set of Terms and conditions, it is in these Terms and Conditions that Sony did make provisions to effect an upgrade that could cause a loss of functionality. If you refer to Paragraph 10 of the Playstation Network Terms of Service and User agreement you will be able to see the full details.

    It is consumer choice when it comes to accepting updates, if you choose not to update your console then GAME cannot be held responsible for loss of functionality.

    You may wish to contact Sony, 08447 360 595 with regards to this issue who may be able to assist you further on this occasion.

    Regards,
    Lucy M
    The Team at GAME

    Source

    So it seems that both Sony and retailers are refusing to give refunds, is it now time to put up and shut up ?

  • Posted by Pirate , on 09/04/2010 , @ 12:14pm

     

    As we all know, on the first of April, Sony released a firmware update, which killed the Other OS function, this upset quite a lot of PS3 users, in an interview with IT website  THINQ, Sony has apologized, here is what that website says.

    We asked Sony UK to respond to reports that at least one user had received a partial refund from Amazon UK in compensation for the fact that part of the device’s advertised functionality had been removed.

    A Sony spokesman told us:

    We are sorry if users of Linux or other operating systems are disappointed by our decision to issue a firmware upgrade which when installed disables this operating system feature. We have made the decision to protect the integrity of the console and whilst mindful of the impact on Linux or other operating system users we nevertheless felt it would be in the best interests of the majority of users to pursue this course of action.

    As you will be aware we have upgraded and enhanced functionality and features of the console by numerous firmware upgrades over time and this is a very rare instance where a feature will be disabled.  Further enhancements are in the pipeline.

    Users do have the choice whether to install the firmware upgrade and this is clearly explained to them at the time the firmware upgrade is made available for installation. Furthermore our terms and conditions clearly state that we have the right to revise the PS3′s settings and features in order to prevent access to unauthorised or pirated content.

    Whilst we fully understand why Sony has decided to remove this function from the PS3 OS, and  that users are free not to install the firmware upgrade, we also understand that not installing the latest firmware will prevent users from accessing a number of online services including the Playstation Network.

    We’re also not quite clear how Sony’s EULA can be used to contravene European Directive 1999/44/EC which quite clearly states that goods must be be “fit for the purpose which the consumer requires them and which was made known to the seller at the time of purchase”.

    We’re pretty sure the proportion of users who bought a PS3 for its ability to run Linux is tiny compared to the many millions in circulation, but they are a vocal minority to say the least.

    Our readers are asking us why Sony can, despite EU law, remove an advertised and documented part of the system to protect its own interests.

    We’d also like to know whether Sony will be reimbursing Amazon and other retailers for any further refunds they are forced to offer under the law.

    We’ve put these questions to Sony UK and await a response.

    We have also spoken to the Office of Fair Trading and Consumer Direct who tell us they cannot comment until an official complaint has been made.