Sony sued for removing OtherOS from PS3

ZorbaTehZ

From ArsTechnica:

Linux on the console? Sony sued for removing PS3 support

Sony Computer Entertainment America has just been hit with a class action lawsuit in California over the company's recent decision to remove PlayStation 3 support for the Linux operating system in a firmware update.

This decision, in the words of the lawsuit, was an "intentional disablement of the valuable functionalities originally advertised as available with the Sony PlayStation 3 video game console. This disablement is not only a breach of the sales contract between Sony and its customers and a breach of the covenant of good faith and fair dealing, but it is also an unfair and deceptive business practice perpetrated on millions of unsuspecting consumers."

When good firmware goes bad

At issue is PlayStation 3 software update 3.21. On March 28, 2010, Sony announced that this update would "disable the 'Install Other OS' feature that was available on the PS3 systems prior to the current slimmer models." This feature would be removed "due to security concerns."
The security concerns are not itemized, but the lawsuit claims that these concerns "did not involve a threat to PS3 users, but rather reflected Sony's concerns that the Other OS feature might be used by 'hackers' to copy and/or steal gaming and other content."

The update is "voluntary," but if you don't take it, you won't be able to connect to the PlayStation Network, play any games online, play any games or Blu-ray movies that "require" the new firmware, play any files kept on a media server, or download any future updates.

We've gotten used to a world in which firmware upgrades can radically alter the hardware we purchase—and this is often seen as a good thing. This lawsuit shows the danger in making changes to existing hardware, especially when features are being removed rather than added. According to the lawsuit, this removal of advertised features violates California's Unfair Competition Law, the Consumer Legal Remedies Act, and other laws.

In short, PS3 owners "have not obtained the benefit of their bargain from Sony and the essential purpose of the PS3 sales contract has been frustrated."

One obvious rejoinder here might be that this was always a niche feature, that its removal is no big deal, and that the core functionality of the device is not affected. But the lawsuit paints another picture, using quotes from Sony executives over last four years.

For instance, there is a 2007 line from Sony's Phil Harrison: "One of the most powerful things about the PS3 is the 'Install Other OS' option." Sony engineer Geoffrey Levand wrote to a PS3 mailing list in August 2009, "Please be assured that SCE is committed to continue to support for previously sold models that have the 'Install Other OS' feature and that this feature will not be disabled in future firmware releases."

Ars Technica even figures into the case. Our own Ben Kuchera interviewed Sony's John Koller in 2009, and when Ben asked him about the removal of the "Other OS" functionality from the new Slim PS3, Koller responded, "If anyone wants to use previous models and change the OS, they can do so."

If the judge allows a class action, the class would encompass all those who purchased a PS3 between November 17, 2006 and March 27, 2010 and who did not resell that machine. The suit seeks unspecified damages from Sony, but does claim that such damages will exceed $5 million.

This isn't the first time Sony has been hit with a class action over the PS3; in fact, it's not even the first time a class action lawsuit has been filed over one of its firmware updates. Sony was on the receiving end of such a lawsuit back in October 2009 over an update that supposedly bricked some consoles.

Sony has not yet responded to the suit.

whiterebel

Interesting to see how this one pans out...........

WolfForager

Oh just give over... Stop whining and buy a decent PC and run linux off that...

(Not directed at the op, but at the mass of PS3/linux fanboys; just to avoid confusion)

Nick_oliveri

WolfForager wrote: »

Oh just give over... Stop whining and buy a decent PC and run linux off that...

(Not directed at the op, but at the mass of PS3/linux fanboys; just to avoid confusion)

I kind of agree, but that isn't the point.

This decision, in the words of the lawsuit, was an "intentional disablement of the valuable functionalities originally advertised as available with the Sony PlayStation 3 video game console. This disablement is not only a breach of the sales contract between Sony and its customers and a breach of the covenant of good faith and fair dealing, but it is also an unfair and deceptive business practice perpetrated on millions of unsuspecting consumers."

It kinda comes down to future methods of firmware implementation, what will be disabled. Its like them turning off Blu Ray movie support unless you buy a dongle, or backwards compatibility in older models or video file support.

Its a FUUU to any company who thinks that its kosher to do such things in the future. And I hope it goes through. Wheres my money though? :pac:

Grumpypants

WolfForager wrote: »

Oh just give over... Stop whining and buy a decent PC and run linux off that...

(Not directed at the op, but at the mass of PS3/linux fanboys; just to avoid confusion)

Must be good to be loaded. And if the car breaks down stop moaning and just buy a hovercraft.

WolfForager

Grumpypants wrote: »

Must be good to be loaded. And if the car breaks down stop moaning and just buy a hovercraft.

Yes because buying a laptop with 512MB+ RAM is gonnna be uber expensive :P

Grumpypants

WolfForager wrote: »

Yes because buying a laptop with 512MB+ RAM is gonnna be uber expensive :P

After shelling out 600+ on a console then yea it would be.

Grumpypants

Nick_oliveri wrote: »

I kind of agree, but that isn't the point.

It kinda comes down to future methods of firmware implementation, what will be disabled. Its like them turning off Blu Ray movie support unless you buy a dongle, or backwards compatibility in older models or video file support.

Its a FUUU to any company who thinks that its kosher to do such things in the future. And I hope it goes through. Wheres my money though? :pac:

Its like BMW selling a car with 5 foward gears and 1 reverse then coming along and removing the reverse saying its ok only a small % of people go backwards for a small% of the time and it will help against car theft.

And wolfy could buy a second car and park it in the other direction :P

WolfForager

The people complaining about the removal of linux support are getting their voices heard by posting on the interwebs, that means they have some sort of computer and unless they haven't upgraded their PC since 2000 that means they have a computer more capable of running linux than the PS3.

And removing the reverse gear from a car is a bit more serioius than removing linux from the PS3, i'd say 90% of people wouldn't be able to get their cars out of the driveway if they didn't have a reverse gear :P

Grumpypants

WolfForager wrote: »

The people complaining about the removal of linux support are getting their voices heard by posting on the interwebs, that means they have some sort of computer and unless they haven't upgraded their PC since 2000 that means they have a computer more capable of running linux than the PS3.

And removing the reverse gear from a car is a bit more serioius than removing linux from the PS3, i'd say 90% of people wouldn't be able to get their cars out of the driveway if they didn't have a reverse gear :P

And they could remove the internet browser as people could use the better browser on their PC.
And they could remove the blu-ray play back as people could just buy a cheap blu-ray player.
And they could remove the ability to play games altogether as people could use their xbox 360's.

Keeping the PS3 totally safe from pirates.


Anyway interesting to see how this pans out

WolfForager

Gah i give up :pac:

Benzino

Has anyone read the Terms and Conditions, I would imagine it says that features can be removed at any time without notice.

To be honest, while I understand why somebody could be pissed off at this, I can't see this as anything other than an attempt to make a quick buck. Come on, 5 million??? :rolleyes:

Grumpypants

Only one woman could sort this whole thing out !!

Minstrel27

Grumpypants wrote: »

After shelling out 600+ on a console then yea it would be.

How many years ago did you buy the PS3?

Grumpypants

Minstrel27 wrote: »

How many years ago did you buy the PS3?

Day one

eddhorse

I think i paid around €750 , and i am happy to use it still without Linux.
Im with you WolfForager !

Leiva

Hope SONY loose this case , and any other Company that tries similar.

Nothing got to do with OtherOS or Linux etc , just the fact that a manufacturer removing a feature from a sold unit .
Out of order if you ask me .

M.

partyatmygaff

I hope they lose this case too. They shouldn't remove ANY feature from a sold unit unless it's going to affect end user security. Sony could just re-enable it but put in tighter security.

Varik

they can remove it as it's part of the Ps3 OS you did not buy that you have a licence to use it.

partyatmygaff

Varik wrote: »

they can remove it as it's part of the Ps3 OS you did not buy that you have a licence to use it.

So can they remove its ability to play games as well? Maybe they should remove the ability to play blurays as well. I paid for a console capable of running two OSs and I want what I paid for.

Leiva

partyatmygaff wrote: »

. I paid for a console capable of running two OSs and I want what I paid for.

Or compensation for removal ...

In saying that I would accept replacement or restrictions for removal of features from sold units out in the field as compensation.
I am not talking specifically of SONY here .

Hypatetically speaking...

Let's just say someone hacks a NOKIA phone with the ability to call and text for free (via the text feature)... With the precedent set in this case , nothing stopping NOKIA removing the ability of texting from all sold units .

Just because other OS was not a highly used feature is irrelevant .
Just because GeoHot sucessfully hacked the PS3 is irrelevant .
Taken a paid for feature from a sold unit IS RELEVANT.


If your product leaving the factory floor is not security water tight , then just deleting a feature is not good enough if someone manages to exploit a gap in same said security.
You need to go back to the drawing board and not just think amputation of features is an acceptable solution .

3DataModem

Leaving this feature In cost Sony money to continuously support.

As a non-user of this feature I am glad they are doing this as it means that resources aren't wasted (a) on supporting this feature and (b) on closing security issues with this feature, thus lengthening the life expectancy of the PSN and increasing the likelyhood of more PS3 features that I will use.

AlmightyCushion

3DataModem wrote: »

Leaving this feature In cost Sony money to continuously support.

As a non-user of this feature I am glad they are doing this as it means that resources aren't wasted (a) on supporting this feature and (b) on closing security issues with this feature, thus lengthening the life expectancy of the PSN and increasing the likelyhood of more PS3 features that I will use.

Well they could discontinue support for the feature meaning that while it would still be there they would pretty much eliminate their costs for support.