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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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#11 - RevCube - 209w ago
RevCube's Avatar
death of an awesome system stupid people wont just leave things alone. its a videogame system, who cares about otherOS, intsall linux on your damn PC's why the hell would i want to install it on my ps3? all that has come from jailbreaking ps3 is piracy and emulators and howmany times do we need to install emulators on systems just to see if it works?

does anyone actually play all the way through those old ass games anymore? i mean who wants to play the original crappy choplifter? did you guyssee choplifter HD? come on lets get on psn and have some fun.

#10 - barrybarryk - 209w ago
barrybarryk's Avatar
ever since they mentioned the slim was losing otherOS functionality it was obvious it was going to happen.

#9 - FireLion - 209w ago
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Although Sony previously admitted and then apologized for removing PS3 Other OS functionality due to security concerns, today IGN reports that according to the ongoing lawsuit Sony states the PlayStation 3 Other OS removal was due to cost not security.

See... Fck Sony. Everybody flamed the "linux fanboys" for seeing through that lame excuse in the first place. They tell gamers one thing, then the courts another. Really, we all knew nobody was going to do geohot's pulse hack. It wasn't practical to use for the type of mass piracy sony was so paranoid about. They remove OtherOS, then lie about why they did it...

#8 - elser1 - 209w ago
elser1's Avatar
stuff the customer.. they're stuck with what we give them, need that extra $5 per unit.. LOL great customer service and attitude sony.. this type of action should be deemed criminal and the person behind it sent to jail.

glad you just bought my house... i'll be back in 6 months to remove the copper pipes and wiring and all the support structures.. this makes me really mad... i guess at least the security excuse is though half-assed at best, a tiny bit understandable.. but they should have addressed all these issues in production, not after you pay for it.

i imagine it must really feel great to own a jb console and pirate sony items.. LOL they only do it to save money as the games are too expensive... just shows sony are complete morons...

#7 - PSPSwampy - 209w ago
PSPSwampy's Avatar
Who needs to watch sitcom's or stand up shows when you can sit back and enjoy the sheer comedic stylings of SONY.

Superb - hope the american courts rule correctly (in OUR favour and NOT sony's).

I would laugh so hard if Sony were ordered to give OtherOS back! (Especially since the community dual boot/HV patched, full rsx access version sounds like it'll be much better anyway!)

#6 - daveribz - 209w ago
daveribz's Avatar
Lose money? Wtf seriously. Sony is becoming a bigger pile of crap as days passes by.

#5 - thePS3dB - 209w ago
thePS3dB's Avatar
Ok? So the truth comes out? How does it make it any better in the consumers eyes? They are still guilty of the same crime regardless the reasons behind it.

#4 - BentleyGT - 209w ago
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I love it when a plan comes together. Can't wait to see the outcome.

#3 - PS4 News - 209w ago
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Promoted to the main page now, and +Rep to skrapps for submitting the news!

#2 - SinnerShanky - 209w ago
SinnerShanky's Avatar
it would be great if sony had to pay billions to refund... Or giving back other OS would be just as great... In both the ways we win and they lose!!


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