Admit it, most of you don't use the "Other OS" option on your PS3, do you? That's ok, we don't either, at least not regularly. Nevertheless, it's irksome, nay, vexing that Sony had the
audacity to pull it; that feature was part of the deal bargained when we purchased the unit after all. Forum moderator, "lapetus," over at
NeoGAF decided to take on the man by invoking European directive 1999/44/EC, a consumer protection law that requires goods to be "fit for the purpose which the consumer requires them and which was made known to the seller at the time of purchase." That little tactic earned lapetus a refund of £84.00 from Amazon without physically returning the console even though his (?) PS3 was well out of warranty. Oh just you never mind that Sony's user agreement claims the ability to revise settings and features
without limitation to, "prevent access to unauthorized or pirated content, or use of unauthorized hardware or software in connection with the PS3 system." In other words, request your refund
before installing
Geohot's hacked 3.21 firmware.
posted April 9th 2010 6:44AM
@Slygathor : You are distracted by the specific feature being removed. The real problem is that features can be removed. Nothing prevents Sony from removing other features in the future.
This is great, but this needs to be happening on a larger scale.
What we really need is a class action lawsuit.
Even if we don't win, Sony will get VERY bad PR over it.
@Slygathor
After all these posts and information, you still cannot understand what Sony is doing is illegal, no matter if you use the feature or not this makes no difference. It came with the PS3 and CANNOT be removed. Any TOC / EULA cannot overrite consumer law.
Small following on facebook:-
http://www.facebook.com/home.php?#!/group.php?gid=108458319185510&ref=mf
I don't think people who can change their OS shouldn't be refunded if they can hack around the new update then why give them a refund for that. The only people can get a refund is those with original 20GB and 60GB hardware 60 is the original I have after first year of launch.
@Inspector Gadget80 It shouldn't matter whether you can hack around it. Sony is going to keep fighting this so it's going to be an ongoing headache to hack around it. Also, only the PS3 Slim was not otherOS capable... all the 40GB and 80GB (and 120GB?) PS3s out there support otherOS.
I purchased a Sony PS3 (account number xxxx ) but the product does not meet European directive 1999/44/EC, a consumer protection law that requires goods to be "fit for the purpose which the consumer requires them and which was made known to the seller at the time of purchase.", this corresponds S13 and 14 of the Sale of Goods Act. http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1979/cukpga_19790054_en_2#pt2-pb5-l1g13
The act protects users from shoddy workmanship as well as nefarious business practices.
A feature as advertised is not present on the product, this feature is the 'other OS' feature where the ability to install another operating system is not available in the product contrary to the products original specifications. However there are other features of the product that i need that are present, so i would not wish to return the product as it still is of use. This does not pertain to a defect or fault, we're talking about a good which is not fit for purpose as advertised.
I would like to note that this is the responsibility of the retailer, not the manufacture, i must stress this legal point as i woudl not wish you to wast time suggesting i contact sony, for the Consumer Protection Act specifically states that the onus is on the retailer.
To mitigate my losses, I would like to request a partuial refund of 50% to compensate this problem.
Regards
i got mine at circuit city :(
Better Facebook Group here over the issue - http://www.facebook.com/group.php?gid=114315258581392&ref=mf
"Oh just you never mind that Sony's user agreement claims the ability to revise settings and features without limitation to, "prevent access to unauthorized or pirated content, or use of unauthorized hardware or software in connection with the PS3 system.""
Uh, Engadget? Consumer laws always take precedence over anything in the 'user agreement'. Otherwise all user agreements would just say 'U HAVE NO RIGHTS HAHA!'
I am just WAITING for Blight to show up and find something new and pointless in this to bitch about. Just let me know when a class action gets drummed up, Engadget. I'm jumping right on board.
Crap, bought mine off Ebay :/ Maybe I should contact the seller and demand a refund.
What about the millions of dollars Sony saved by shipping the ps3 as a computer to Europe. They removed the fact it could be used as a computer now, I think they should have to pay all the taxes or return the other os option, cuz to me it looks like it was just a ploy to not pay the taxes. they knew they were going to remove the feature when they started producing it, they had it in mind to make a slim version to cut costs, the ps2 slim is proof. What do you think?
lol... since when did the US consumer laws side with consumers?!
It will never happen in the US! And of course "socialism" is such an evil idea! Sure FAKED "capitalism" is much better... for the evil corps!
Anyone find a law or act that relates to this for the U.S.? I've been roaming the internet, and haven't found much useful, and if someone has found something who do you take your complaint up with, Sony or the company you bought it from?
This may work in the states. The common law warranty of fitness for a particular purpose contains very similar language.
Cant wait to get my hands on the NEW slim slim PS3's coming out before Christmas. They come bricked right out of the box!!! Sweet!
Article 2, Section 315 of the Uniform Commercial Code
for layman's terms follow the rabbit down the link hole
http://en.wikipedia.org/wiki/Implied_warranty#United_States
just because theres a hitch on my car that i only use every few months doesnt make it ok for toyota to remove the hitch from my car because they dont want me to tow unauthorized shit, its my shit, not yours. ill tow whatever the fuck i want with it. this is why i fully support custom firmware, because companies are greedy bastards,you think i would have ever bought a PSP if i didnt have CFW? thats the only reason i bought it.
"The US Air Force Purchased 2,200 PlayStation 3 Consoles"
Damn, not only they probably got a deal buying in a bulk, now they'll get their refund? GRATS!!!! lol
What can you do if you don't have a receipt to show proof of purchase?
I just got following Response:
Dear Mr. xxxx,
Thank you for your email.
We take this opportunity to express our regret at the issues you have had with the Sony PS3.
We have considered carefully the points expressed in your email, and we recommend that you bring this matter to the attention of the manufacturer, Sony. We do not consider the application of either EU Directive 1999/44/EC or the Sale of Goods Act 1979 to be relevant in these circumstances.
We apologise that we cannot assist you further on this occasion.
Sony can be contacted at:
Uk customers: http://www.sony.co.uk/ (08705 111999)
International customers can use the following link to access Sony help page:
http://www.sony.net/SonyInfo/Support/
If you have any further concerns please contact us at the above email address.
Thank you for shopping at Amazon.co.uk
James Brazil
Executive Customer Relations