Image Image Image Image Image Image Image Image Image Image

PS3Blog.net | November 17, 2017

Scroll to top

Top

2 Comments

Gamer gets partial refund for PS3 after Other OS was removed | PS3Blog.net

Let’s face it – when you bought your phat PS3, it could install other OS. Whether you use it or not, it’s part of the whole that you paid for, and Sony took it away with the 3.21 firmware update. If it’s some reprieve, however, there’s a way to get some money back for it without returning your console.

NeoGAF forum mod iapetus shared this story on their forums, saying that he was able to get a partial refund from Amazon for his 60GB PlayStation 3 – without him having to return his console. The unit was already well beyond the warranty period and way past Amazon’s 30-day guarantee.

otheros

What he did was invoke Directive 1999/44/EC, a European law that stipulates the goods must:

  • “comply with the description given by the seller and posses the same qualities and characteristics as other similar goods.”
  • “be fit for the purpose which the consumer requires them and which was made known to the seller at the time of purchase.”

It should be noted, however, that in Europe, responsibility lies with the retailer, not the manufacturer.

With that, he was entitled to a 20% refund from the value of the product at the time of purchase. Amazon responds with;

We are writing to confirm that we have processed your refund in the amount of £84.00 for your Order 666-5327564-4432412.

Item Refund: £71.49
Item Tax Refund: £12.51

This refund is for the following item(s):

Item: Sony PlayStation 3 Console (60GB Premium Version)
Quantity: 1
ASIN: B0007SV734
Reason for refund: Account adjustment

Still, this conflicts with Sony’s PS3 user agreement that you automatically agree to upon purchase. According to this agreement, Sony may change the software side of the device since it’s not an alteration of the hardware. It reads:

Without limitation, services may include the provision of the latest update or download of new release that may include security patches, new technology or revised settings and features which may prevent access to unauthorized or pirated content, or use of unauthorized hardware or software in connection with the PS3 system

In the US, consumer protection law may not be able to provide the same end result in Europe, but there’s a possibility that a class-action lawsuit can be made for these grounds.

[via PlayStation University]

Tags
  • EdEN

    Well, changing the software is one thing. Removing a feauture AFTER updating the software is what might be above Sony’s PS3 User Agreement.

  • Jay

    he really shouldn’t have gotten a refund. PS3’s user agreements have always stated this:

    Without limitation, services may include the provision of the latest update or download of new release that may include security patches, new technology or revised settings and features which may prevent access to unauthorized or pirated content, or use of unauthorized hardware or software in connection with the PS3 system

    which means that Amazon should have told the consumer that they must comply with Sony’s terms of service at the time of purchase. Not to mention, the user would have complied with the TOS since anyway, especially if he/she had been updating the system’s firmware from the get-go. This is a fault of the consumer really, since they could have read the TOS at the time of purchase and understood that these changes could legally occur, since agreeing to the Terms of Service is technically like signing a contract between the company and the end user (and since the TOS have stated this at the time of purchase as well, the ability to take away features due to piracy, etc could be considered a feature itself, albeit, it’s stated in the TOS, thus, in a legal sense, a class action suit wouldn’t hold water if they decided to go this route).

    Amazon could easily have avoided having to refund if they simply put a disclosure on the product page that explicitly states that Sony can, at any time, change features in accordance to their Terms of Service, so, really, any case against Sony would fall flat on it’s face based on the agreement between the consumer and the manufacturer. As far as having to have the latest firmware for playing certain games, I don’t think that developers have to support one of the more recent firmware versions as the lowest compatibility level, but most software developers do anyway (I could be mistaken, though).

    Maybe people should read these things before they start complaining.

    Anyway, I’d probably go so far as to say that the part of the TOS we’re talking about here is in direct connection with the OtherOS feature. In other words, any hacking of the system, which is basically what the agreement is referring to, due to a specific feature of the system being exploited (in this case, the OtherOS feature), legally, and with accordance to the agreement, Sony has every right to take it away. We’ve been agreeing to these agreements since we purchased the system, and all the other times we’ve upgrade our firmware. The only person we can complain to about is ourselves, since we never took the time to read the entirety of the Terms of Service. And you can also thank GeoHotz and the hacking community, since they’re most definitely a direct reason for the feature to be taken away in the first place.