04-19-2010 #1zoned Guest
PS3 Firmware Update Shows How Retailers Can Be Exposed
Sony recently stated that it will not compensate retailers who refund customers because of a PS3 Firmware update to its PlayStation 3 entertainment system.
The change prevents the machine from using alternative operating systems, which it was previously able to do. Some owners installed the Linux operating system, allowing them to use their consoles as desktop computers as well as games machines.
Consumer law protects the buyers of goods if their functions change, but retailers generally cannot pass those claims on to the device makers who made the change, according to Richard Parkinson, a technology lawyer with Pinsent Masons, the law firm behind OUT-LAW.COM.
To quote: Press reports indicate that one consumer received a refund for his console from online retailer Amazon. Sony itself has said that it will not reimburse retailers who do so.
The company told reporters that the machine's main function was as a gaming console, and that an ability to run the Linux operating system is not explicitly mentioned on its packaging. Others have claimed, though, that a feature called "Install Other OS" was listed in Sony's promotional material.
"The retailer has a contract with its supplier, the distributor of the product or the overall manufacturer, so he has to look at that contract" said Parkinson. "Because this is a business to business contract you are able to exclude warranties for fitness of purpose or description, so these are very often excluded and warranties and remedies are limited."
More PlayStation 3 News...
04-19-2010 #2ahasverus Guest
Do not believe that, $ony is afraid of a massive legal action that people can actually win. This information is manipulated by them.
04-19-2010 #3pheonix Guest
I completely agree with ahasverus. It has to be a matter of time before they put this feature back.
I would like to try my hand at a refund but I haven't got the guts. Any one know about the law here in Australia?
04-19-2010 #4Pretikewl Guest
I've been telling people for a while now that Sony would use this defense when approached about it, yet someone inevitably comes behind me pointing out how "Sony classified the PS3 as a computer for a tax break".
It doesn't matter what they classified the PS3 as to ship it. Most automobiles have a radio inside them but that doesn't mean they are a Home Theater System. A radio was, and still is optional in a vehicle. Many fleet style vehicles (namely trucks) don't have radios in them. I know, I've driven quite a few like that. It's main purpose is to get you from Point A to Point B.
The PS3's main purpose is a gaming system. The firmware update doesn't change this. Legally, you don't have a lot of ground to stand on. A minor refund might be possible, but that's about it.
And for anyone that's going to say "well that's not how it is in my country", when your lawsuit come to fruition, I'll be the first person to apologize and say I was wrong. Until then, please quit whining about how legally wrong it is in your country.
Lawsuits against Sony over firmware to date: 0
04-19-2010 #5kablooey Guest
Totally agree with Pretikewl.
04-19-2010 #6ahasverus Guest
04-19-2010 #7Pretikewl Guest
However, even if some guy did manage to get a refund from Amazon, this was an isolated incident. And I'm certain the people at Amazon will be looking closer into this being an issue.
I doubt anyone else will get a refund. I also doubt Amazon would go up against Sony over this. In the grand scheme of things, it just wouldn't be worth it.
04-19-2010 #8tjay17 Guest
Wasn't one of the main selling points for the PS3 that it was more than a gaming console. The other OS was how it labeled itself as a computer an not a game as if to elevate it above other consoles out at the time by saying that while they only played games this one was in fact a computer that also played games.
04-19-2010 #9red8316 Guest
For what its worth I filed my complaint about this firmware update to the FTC and BBB. Least I can do, wish more people would do the same. If only to cause them a headache for what they've done to us.
This may have been posted before, but if you would like to make a complaint here is Sony's contact information which is needed by both the BBB and FTC.
Sony Computer Entertainment America, Inc.
919 E Hillsdale Blvd 2nd Floor
Foster City, CA 94404-4247
And if you want to copy and paste what I wrote you're welcome to. It's probably not the best argument so I you feel articulate take a shot at making it sound better in the 2000 character window they give ya
Case Description :
"Sony PS3 : Firmware Update 3.21 : Removes Advertised Feature
Sony has removed the Other OS linux feature, which I used and took advantage of. This feature was a primary one that swayed my decision to purchase this gaming console over their competition. Instead of patching a "security vulnerability" (debatable), they removed the feature. I want this forcibly removed feature back and for Sony to be investigated. This update was not optional, if I declined to get the update I cannot play future game tiles as they will forcibly require this update to play. "
I want the Other OS linux system back. I want them to patch their so called security concerns. Or I want a partial refund or PSN credit. I just want linux back. It was an advertised feature I used. It was one that also made me choose the PS3 of over the 360. I feel like I have been robbed. "I want the Other OS linux system back. I want them to patch their so called security concerns. Or I want a partial refund or PSN credit. I just want linux back. It was an advertised feature I used. It was one that also made me choose the PS3 of over the 360. I feel like I have been robbed. "
BBB File Complaint : https://odr.bbb.org/odrweb/public/getstarted.aspx
FTC File Complaint : https://www.ftccomplaintassistant.go...d.aspx?Lang=en
04-19-2010 #10Osirisx Guest
i really don't have the time or energy to get a small refund.. sony need to fix the problem and give us back other os.
a storm is coming SONY and your gonna get hit HARD!!