Australian PS3 Gamer Loses OtherOS Lawsuit to Sony
While everyone awaits a verdict on the injunction in the recent PS JailBreak lawsuit hearing, another Australian PS3 gamer has lost his OtherOS lawsuit to Sony recently.
According to GamePron.com (linked above) Michael Trebilcock had asked for AU $800 in compensation (the cost to rent a laptop for each day he was unable to use Linux on his PS3, plus fees), with a claim that the updated console could no longer be used as a computer.
To quote: "Unfortunately for Trebilcock, the Magistrates court heard that the Australian Competition and Consumer Commission cleared Sony of any wrongdoing regarding the upgrade, and the claim was dismissed.
Mr. Trebilcock was not made to pay Sony's legal costs."
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As stated before when the lawsuit was filed, $ony can do what it wants. we agree to the user terms and agreements .. and we also have a choice u either upgrade the fw and loose OtherOS or keep OtherOS by not upgrading.
when i bought both of my ps3 i bought it to be used as a gaming system if i want linux i can use a real pc. and just to answer the comment some will post " i paid $499.99 and now we loose OtherOs" its like anything else, when a device first comes out we pay extra $$ for this commodity soon the price drops like now ps3 cost $299.99, i say the extra $200.00 i paid "then" has well been worth it for all the gaming i've done, and i'm sure most will agree.
It will be interesting to see if all the other PS3 OtherOS lawsuits go in the same direction as this verdict or not...
In the US, suits in California and other fairly liberal courts are likely to be successful against Sony, but I'm not certain how it would go at the Federal level. Are there any current US suits in regards to this?
I need to keep up better.
Well that sucks!.. so much for suing $ony.
Lets see what the outcome for US case will be. Though Sony might use this case as a example.
Sony can do whatever it wants... they wrote up their user agreements to keep them in the clear in the eyes of the law...but that doesn't make what they did right.
I can't see myself buying another console if this is how these guys are going to treat their customers. These companies want to excise way to much control over the systems they sell. I wouldn't have such an issue with what they did if it only disabled access to PSN because I don't need or use it anyways but the fact they they limit you to only playing old games and movies is crap. They basically crippled the main functions of the system you purchased if you wanted to save OtherOS.
This was just a small claim. Hopefully the class action lawsuits go the consumer's way.
It's sad that the "Australian Competition and Consumer Commission" doesn't support the consumer.
PS3 computing capacity is WAY ahead of ANY PC in it's price category (and actually even in any category above) and that's exactly WHY some people really bought for it's capability to run linux / other OS including US Army and loads of other research facilities