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Sony Files Motion to Dismiss PS3 Other OS Class Action Lawsuit

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208w ago - Update: CourtHouseNews.com now reports that a federal judge has dismissed (PDF) the remaining claim by class who said Sony reneged on its promise to let PlayStation 3 video game consoles function as computers.

Similar to their previous request, Sony has now filed a motion to dismiss the PS3 Other OS Class Action Lawsuit.

To quote from Groklaw (linked above): There's news from the class action litigation, In re Sony PS3 'Other OS' Litigation, where the plaintiffs are suing Sony Computer Entertainment America for removing OtherOS from PlayStation 3s.

SCEA has filed another motion to dismiss the class action case, once again saying that the plaintiffs' newly filed First Amended Complaint is insufficient to state a claim. The original complaint's claims, except for one, were dismissed, with the judge giving the plaintiffs a chance to refile. Now that they have, SCEA says this refiled complaint should be tossed out also. There will be a hearing on all this on May 12th.

And the class action plaintiffs are asking the judge to help them get discovery that SCEA is, they claim, reluctant to provide. Role reversal. In the SCEA v. Hotz litigation, SCEA is all about discovery, all they can get. Here, it's the opposite.

There is a transcript from a February 9th hearing in the Sony class action attached as an exhibit to the plaintiffs' letter to the judge in the case, and I think you'll be amazed. Would you like to know what SCEA's lawyers think of customers who use Linux? We get to find out, because the hearing begins with SCEA asking the judge for access to the plaintiffs' hard drives.

Why would you want that, the judge asks? These are not defendants accused of anything, remember. Sony is the one in the hot seat, but here is the incredible answer: because, says their attorney, these plaintiffs say they used Linux, so SCEA suspects they were part of a hacking conspiracy, and they'd like to check. There's more, and I'll tell you all about it.

And SCEA claims in the transcript that it wasn't the entity that decided to drop OtherOS. It says in this courtroom that Sony Computer Entertainment Inc. is responsible for that decision. In Hotz, SCEA says it is responsible for pretty much everything to do with PS3s in the US, or at least I got that impression.

SCEA also tells the judge at the hearing that there's been a change in the corporate setup. SCEI isn't the parent of SCEA any more. So I did a little research on that. Who are they then? And how how were they related? I have found some press releases that clarify very nicely.

Sony Files Motion to Dismiss PS3 Other OS Class Action Lawsuit

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Comments 31

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#21 - GrandpaHomer - 208w ago
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Quote Originally Posted by Pretikewl View Post
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...

They can indeed but they'll be digging their own grave and nobody sane would give them their own hard drive in a first place and if yes then not without making a "forensic" (exact) copy / image of it's content first. This would then backfire bact at Sony if they will be proved tampering with the evidence.

#20 - Pretikewl - 208w ago
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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...

#19 - B4rtj4h - 208w ago
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Haha... funny to see that the truth (Sony does not want to pay for Linux anymore) is still not clear to a lot of people. And if you take the numbers from people that are using OtherOS. Guess how much that is ... 1,3 % of ALL ps3 users!

Thats like nothing. And yes. There will also be security measurements with Linux. Because linux is a open book to the most of us here... We can exploid all we want with it. Problem is that IF you support a machine that in a way can support Piracy your dead meat! So yeah... it sucks that it's gone... but it's not that strange.

#18 - naivri - 209w ago
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wouldn't have cost them a cent to leave it as it was and just not support anymore.

would cost them money to develop the firmware to remove it, I smell crap.

#17 - skrapps - 209w ago
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the big picture now is.. how sony LIED, said it was a SECURITY ISSUE and forced people into an updated USER AGREEMENT with that LIE.

#16 - smarty94 - 209w ago
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the only limitation was the paltry amount of RAM (even though it was the superfast XDR type), but when clustering it could be worked around. Heck even the USAF made a PS3 cluster; they were all the rage at academic institutions around the world.

I think this was less of a security issue than Sony looking for an excuse to discontinue it under pressure from IBM. I believe that it is probable that IBM refused to work with Sony on the PS4 unless Sony stopped cannibalizing their cell blade server business.

#15 - shummyr - 209w ago
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It is also extremely effective and cheap when used in a cluster situation.

#14 - corig1 - 209w ago
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No it is not just a video game system. Why not do some research? Ever hear of Ken Kutaragi? Google is your friend for the uninformed.

#13 - jarvis - 209w ago
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Typically the only ones who benefit from a class action lawsuit are the lawyers. Any "big" payout is going to mean pennies for the customers. What I would like to see come out of this is a precedence set so that no companies in the future try to pull something like this again (taking away paid for advertised features).

Sony should give out a voucher for one physical game or a few PSN downloads for those where they took the functionality away.

The idea of putting OtherOS back is laughable. It doesn't matter if they do or not, eventually we'll have it back and a better version of it anyways.

#12 - GrandpaHomer - 209w ago
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Quote Originally Posted by RevCube View Post
who cares about otherOS, intsall linux on your damn PC's why the hell would i want to install it on my ps3?

Mainly because:

1. They've PAID for it so they want to do whatever they want with it.
2. It's most affordable IBM cell machine videlly available - you clearly have NO IDEA what are you blabling about. You can't compare power of PS3 / CELL with 99.99% of PCs around.


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