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Federal judge dismisses class-action suit against Sony, 'Other OS' feature remains dormant
Last year, a group of disgruntled gamers filed a class-action lawsuit against Sony over its decision to remove the "Install Other OS" feature from its PS3 firmware. Last week, though, their case was dismissed by US District Judge Richard Seeborg, on the grounds that the plaintiffs failed to actually state a claim. In a ruling issued Thursday, Seeborg said he sympathized with the gamers' gripes, but ultimately determined that they had failed to demonstrate any legal entitlement to the feature, thereby neutering their arguments. "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 [un]willing to disable the Other OS feature on their machines was no doubt genuine and understandable," Seeborg wrote. "As a matter of providing customer satisfaction and building loyalty, it may have been questionable." He went on, however, to point out that the users "have failed to allege facts or articulate a theory on which Sony may be held liable" post-PS3 purchase, effectively ending the litigation.
PS3 'Other OS' class action dismissed
Sony was successful with its motion to dismiss the class action lawsuit against its removal of the PS3's "Other OS" Linux compatibility. A federal judge has dismissed all of the counts in the suit. All but one of the claims had been dismissed in February, Gamasutra reports. The plaintiffs amended their claims, but judge Richard Seeborg has dismissed the amended claims. "In light of the prior amendment, and the fundamental shortcomings in plaintiffs' basic theory that it was wrongful for Sony to release the software update in dispute, leave to amend will be denied," Seeborg wrote, closing the door on future amendments. Seeborg wrote that while Sony's decision to allow users access to OtherOS only if they decline updates necessary to access PSN caused "dismay and frustration" to PS3 owners, no legal basis was shown for preventing the move. "The flaw in plaintiffs' [argument] is that they are claiming rights not only with respect to the features of the PS3 product, but also to have ongoing access to an internet service offered by Sony, the PSN."
OtherOS++ brings Linux back to the PS3, taunts Sony
Mourn no more PS3 owners: what Sony hath taken away, the hacker community has given right back. The team at Gitbrew.org have returned Linux to the Cell-based gaming console with OtherOS++, which boasts a number of benefits over Sony's official stab at supporting other operating systems. For one, Linux is no longer relegated to a performance-degrading virtual machine and has full access to the PS3 hardware, and two, it works on both old-school "fat" models and the newer "slim" ones. We warn you, though -- this install is not for the faint of heart, and some older models that use NAND flash instead of VFLASH aren't compatible (check against this list). If you're undeterred, hit up the source link for downloads, instructions, and (most importantly) to stick it to the man.
Sony files to dismiss 'Other OS' class action lawsuit
SCEA has filed a motion to dismiss a class action brought against the company for its removal of the PS3's "Other OS" feature, which allowed users to install Linux on the system. Sony argues that the lawsuit, a consolidation of seven similar suits filed last spring, fails to present evidence that the company overtly advertised Other OS in its marketing campaigns or on PS3 packaging. Sony's filing also claims that the PS3 warranty, license agreement and the PlayStation Network Terms of Service "specifically provide PS3 purchasers with a license, not an ownership interest, in the software and in the use of the PSN, and provide that SCEA has the right to disable or alter software features or terminate or limit access to the PSN, including by issuing firmware updates," according to court documents obtained by IGN. (Other OS was removed with a firmware update; and users who decline any update are barred from PSN.) Additionally, Sony has requested that the "class" allegations be stricken from the suit because the plaintiffs did not all use Other OS in the same way. In fact, one of them never used the feature at all. With Sony presenting some seemingly solid grounds for the lawsuit's dismissal, it might be prudent for the plaintiffs to call a key witness to the stand when the two parties meet before a judge on November 4. How about ... the United States Air Force?
Hacker gets XBMC running on his PS3, tells you how (video)
Sony's disabling of Linux on the PS3 has made many people very angry, some more so than others, but for an enthusiast named madshaun1984 it was something of a call to arms. He didn't file a lawsuit or whine about it in forums -- oh no. He sat down to get XBMC working and has succeeded, albeit slowly. Right now the CellSDK that this build relies upon is not up to snuff performance-wise, so just scrolling through media is somewhat less than fun and you can forget about playing it. But, the hope is to improve that and to turn the PS3 into a proper media-streaming Linux box... so long as you don't update the firmware, anyway. Full instructions on how to do this are at the source link, but be prepared to spend the better part of an afternoon at it if you want to try yourself. For those not ready for that kind of commitment (or anyone who already has the latest firmware) you can just enjoy the video proof after the break.
Air Force disappointed by PS3's Other OS removal
[Image credit: Air Force] It seems we'll all have to be a little more careful before we mock PS3 owners that have voiced concern over Sony's decision to remove the "Install Other OS" option from the console (via a recent firmware update). "What nerdlinger would be so bent out of shape about that?" you might wonder aloud. As we've just learned from Ars Technica, that nerdlinger happens to be the United States Air Force. The military branch uses a network of around 2,000 PlayStation 3 units running Linux for research, a structure which proved to be more affordable thanks to Sony's hardware subsidy. The setup isn't in any immediate trouble, as the consoles aren't hooked up to PSN and don't need to be updated, but when the units die out it will be difficult -- if not impossible -- to replace them. Considering they just constructed the rig a few months ago, the Air Force has expressed disappointment. And as you'll read in the Ars story, Uncle Sam isn't alone in his frustration. Oh, and sorry about the lack of Top Gun references in this post, but that's actually a movie about the Navy. We know, we were disappointed too.
Sony slapped with two more class-action suits over Other OS removal
As if one lawsuit regarding the removal of the Other OS functionality from the PlayStation 3 wasn't enough, two more class-action suits have been filed against Sony, reports IGN. Earlier this month, Todd Densmore and Antal Herz (of Georgia and California, respectively) filed a class-action suit against Sony, alleging that firmware update 3.2.1 (which removed the Other OS feature) made various features of the console unusable -- features that the suit claims weren't allowed to be removed without compensation, per the console's Terms of Service and System Software License Agreement. Furthermore, a group of five US citizens filed a second suit in late April, also claiming "lost money" given the removed functionality. Both suits can be found in full here and here (warning: PDF links), and for its part, Sony reps have said "the company does not comment on pending litigation." Potentially, if the first of these two suits were to get anywhere, the implications would be rather large, as the "class" in this case includes "anyone who purchased a PlayStation 3 from November 17, 2006 to March 27, 2010 and folks who continue to own their console as of March 27, 2010."
Man files class action suit over PS3 Other OS support removal
Worried that Sony was going to get off lightly, only suffering the slings and arrows of a few angry commenters after removing the PS3's support for other operating systems like Linux? You might endorse the actions of Anthony Ventura, who recently filed a class action lawsuit against the company, claiming its actions represent a breach of contract, false advertising and a handful of other unsavory, unscrupulous business practices. In the suit, Ventura claims the Other OS function is "extremely valuable," adding that while players aren't forced to download the new update, those who don't are left unable to access the PSN, or enjoy any games or Blu-ray movies which require the new firmware. The filing mentions no specific amount of damages sought, but "the amount in controversy is in excess of $US5 million." Ventura's lawsuit is a long shot, and if it does bear fruit, it likely won't do so for a long, long time. Those in search of a more expedient payday: have you considered moving to Europe, and then asking really nicely for some compensation? [Thanks to everyone who sent this in!]
Sony taken to court over PS3 'Other OS' removal
Sony forced PS3 owners into a tough decision with the mandatory 3.21 firmware update: either lose online play, or forgo Linux support. On Tuesday, Anthony Ventura chose door number three -- and filed a lawsuit in California, asking the judge for class-action status. The complaint quotes Sony executives on numerous occasions saying how vital and important the "Install Other OS" feature was to the game console (it's a computer, remember?) and claims breach of contract, false advertising, and several other causes of action against the entertainment giant. Sure, a lawsuit was bound to happen, given the number of angry PS3 owners out there, but here's the thing: there's no telling whether the court will grant a class-action certification here, and even if the case gets that far it's pretty unlikely to force Sony to turn the feature back on -- instead, customers will probably receive a token amount in damages while the lawyers get their full fees. For example, a rare, successful class-action suit against Palm -- filed in 2004 -- got Treo 600 owners only $27.50 in store credit, five years later. Meanwhile, we hear European PS3 owners just have to ask for their money back -- which, we promise you, is the fastest way to put an end to your Linux-based PS3 nightmares. Either that, or just wait for Geohot to make it all better.
LGJ: Does PS3 Firmware 3.21 come with a refund?
Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games: [Flickr: DeclanTM] By now you've installed the PS3 Firmware 3.21 update that removes the "Other OS" option (more or less) from your console. (You've at least read about it.) Besides angering the PS3 users who had been enjoying the Other OS feature, this incident has had some unintended consequences in the realm of consumer protection and warranty laws, both in the US and abroad. It's certainly a bit of an unusual situation, but hopefully this column will provide you a bit of an explanation on a global scale, and answer the question, can I get a refund? For anyone who's not clear on what laws are involved, the broad areas of consumer protection and warranties both deal with protecting the purchasers of products from those who make or sell those products. The idea being that you should be entitled to purchase and own the product that you intended to buy, rather than something that's misleading, fraudulent, likely to break on its own, or broken. This is to help ensure the integrity of the marketplace, which helps secure consumer confidence. After all, aren't you more likely to buy a game console when you know it's a game console and (if new) covered by a warranty against defects, rather than an empty case or a box with bricks in it?
Bypass PS3 firmware 3.21 in seconds -- at your own risk (update: defunct)
Face it: Sony's backed you into a corner. You can't play PS3 online without downloading the 3.21 firmware update, but if you download, your precious 'Other OS' is forfeit -- and there may be side effects. You could wait it out, hoping Geohot comes through with a workaround. You could even sue Sony for a refund if you live in Europe. Or, if you're not terribly worried about the security of your PSN account and personal information, you could instead input just ten digits into your PS3 and magically bypass the entire issue. Though technically minded individuals have been skirting Sony's firmware checks for years now using private proxies, homebrew developer Aaron Lindsay decided to set up a public server at 67.202.81.137, which allows anyone to piggyback on his success in mere seconds -- we tried it ourselves, and it worked like a charm. By doing so, you run the risk of giving Aaron all your credentials... but if the odd identity theft doesn't break your stride, you can jump right back into that Uncharted 2 session by entering the above number into Internet Connection Settings > DNS Setting > Primary DNS. Update: As of April 13, the proxy DNS trick no longer works. We're not sure why, but considering how long the hacking community holds a grudge, we expect a workaround in due time.
PS3 owners eligible for cash refund after 'Other OS' removal?
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.
PS3 firmware 3.21 is out: say goodbye to 'install other OS'
Just a tad ahead of schedules -- perhaps as a macabre assurance this isn't some April 1st joke -- firmware 3.21 for the PS3 is now being seeded to anyone who tries to log onto the PlayStation Network. As far as we can tell, all the update seems to do is remove the "install other OS" option and kill access to anyone who does have another platform dual-booted. Just a friendly reminder, if you fall into that category, be sure to either backup your partition or wait for Geohot to find a workaround. [Thanks to everyone who sent this in]
Geohot advises against updating PS3, will find 'safe way' around losing OS support
In case you hadn't heard, there's a PlayStation 3 firmware update coming this Thursday that'd knock out the "install other OS" option and remove any currently-installed non-PS3 platform. Our guess is it's not going to affect the majority of owners, but the diehard users are certainly up in arms, and no one really likes losing a feature, even if it's rarely used. Leave it to Geohot, then, to right the wrong. Arguably the reason for Sony's reversal (see: PS3 exploit), the famed hacker has published not only a letter of sorrow at the company (unsurprising), but also a call for users not to update. Instead, he claims he will "look into a safe way of updating to retain OtherOS support" and issued a tech-savvy threat about "touching the CFW," much to the company's chagrin (trust us, you don't even want to know what he's talking about here -- far too scary). We wouldn't normally say a war's brewing, but ol' George Hotz has proven himself more than capable at starting something fierce. [Thanks to everyone who sent this in!]
