04-04-2011 #21Pretikewl Guest
After reading this, it seems Sony will use the "you might be a hacker" defense towards anything that people may try to sue them for. They want them to hand over their hdd's. Who's to say Sony can't manipulate the data on their drives afterwards to make it look like they were trying to do something illegal?
Afterall, Sony is the only one with full access to everything that could be on there...
04-04-2011 #22GrandpaHomer Guest
04-04-2011 #23Pretikewl Guest
I'm not even saying that they'd have to put something on the drive that wasn't there. They could just as easily view your web history, find a questionable site, then claim that you were looking up hacking information to alter the system.
With Sony, it all seems to be about "intent" of what you'll do, rather than what you've actually done. Guilty until proven innocent.
04-04-2011 #24rianchio23 Guest
Actually its not just a video game system RevCube. both microsoft and sony both marketed their "systems" to be multi media devices hence video and music oh and picture support oh and whats that? linux? sony actually had videos up showing how other os worked and how you could use ur ps3 as a cheap home computer seeing as they showed it running aol instant messenger. Anyone in here will tell you that you are just as stupid as sony for making false claims
- Join Date
- Apr 2005
For those still following, Groklaw has posted an update regarding the Sony PS3 Class Action Lawsuit on their page here: http://www.groklaw.net/article.php?s...11126105452937
It's a lot to sift through so I won't post it all here, but attached below is the transcript (PDF file) of the oral argument from the July hearing they made available since the court lifted the sealing on it.
12-05-2011 #26CJPC Guest
That was an interesting read - what gets me, is the lawyer for Sony said:
"Roughly 40 percent of the PS3 purchasers never went onto the PSN; never got that direct dealing."
I find that very, very hard to believe- if there were 75 Million users on PSN, and there are 55 million consoles out there - that means 33 million consoles are on PSN, 23 million consoles not on PSN. I find that very, very hard to believe.
Furthermore, the point was brought up by the Sony lawyer that those 23 million consoles not on PSN never got the update, and they didn't agree to PSN terms etc. Nowhere in there did the other lawyer dispute his claims, as you can download and update via a PUP, never going online!
Just a few notes, is all.
12-05-2011 #27barrybarryk Guest
My biggest problem is the judge seems happy to go along with Sony that they have the right to force users to choose one function over another even though no indication was given before purchase that it would be the case just because there's no precedent for it.
12-05-2011 #28elser1 Guest
when i received my ps3 60gig back from repair and it was on 3.60fw i rang sony to complain my other os was gone they said it was due to security.. LOL
- Join Date
- Apr 2005
Here is another update for those following via courthousenews.com/2011/12/09/42126.htm with a PDF transcript attached below:
Sony Brushes Off Claims Over PS3 Upgrade
A federal judge has dismissed the remaining claim by class who said Sony reneged on its promise to let PlayStation 3 video game consoles function as computers.
Sony said the console was designed so users could "play games, watch movies, view videos, listen to music and run a full-featured Linux operating system that transforms your PS3 into a home computer," according to the class complaint filed in April 2010.
Lead plaintiff Anthony Ventura says he bought a PlayStation 3 instead of the Microsoft Xbox 360 or Nintendo Wii because Sony's system offered this Linux feature, even though "the PS3 was substantially more expensive."
In March 2010, Sony announced on its website that its latest software update for the PS3 would no longer support Linux. PS3 owners who wanted to sign onto the PS3 Network to play games online or use their PS3 to play Blu-ray discs would have to download the software update, the class claimed. But the update would disable their Linux capability, forcing them to choose between using Linux or the PS3's other features.
To the frustration of many PS3 owners, the class said Sony disabled PS3's much-hyped OtherOS operating system installer after a hacker "jailbroke" a PS3.
The "jailbreak" prodded Sony to swiftly release a software update disabling OtherOS and frustrating PS3 owners, the complaint said.
In February, U.S. District Judge Richard Seeborg dismissed most of the class claims with leave to amend, finding the plaintiffs failed to state a claim.
"While it cannot be concluded as a matter of law at this juncture that Sony could, without legal consequence, force its customers to choose either to forego installing the software update or to lose access to the other OS feature, the present allegations of the complaint largely fail to state a claim," Seeborg wrote in February. "Accordingly, with the exception of one count, the motion to dismiss will be granted, with leave to amend."
Seeborg granted Sony's motion to dismiss the remaining claim Thursday under the Computer Fraud and Abuse Act.
Seeborg found the plaintiffs could not prove that they had a right to expect the OS feature beyond Sony's warranty period or continued access to the PlayStation Network (PSN).
"The dismay and frustration at least some PS3 owners likely experienced when Sony made the decision to limit access to the PSN service to those who were willing to disable the Other OS feature on their machines was no doubt genuine and understandable. As a matter of providing customer satisfaction and building loyalty, it may have been questionable," Seeborg wrote.
"As a legal matter, however, plaintiffs have failed to allege facts or articulate a theory on which Sony may be held liable," he continued.
12-19-2011 #30Krazybone Guest
Listen why didn't they just keep it on the old firmware if they brought it for a linux system? I can understand the frustration as they wanted games and online in one package but sort ya self out get just get another PlayStation 3?
Seriously man if you have a washer dryer integrated and the dryer goes and the washer still works, you just buy a new one or make do with what you have maybe just get a dryer separate and keep the old??? Instead of a full replacement.
You don't hear law cases about that stuff. Stop being a crybaby and buy ya self a new PS3 and keep the old for linux.
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