Sony Being Sued for Linux Removal


So it looks like the first lawsuit has raised its head about the Linux removal. While I understand peoples heart felt feelings about its removal, I can not comprehend those who would prefer to have Linux and suck money from Sony through lawsuits instead of having them use that same money towards more game development and R&D.

I’m sure this suit will go no where, but its still interesting how far people tend to get away from gaming.

A class action lawsuit has been filed against Sony Computer Entertainment America for the removal of the ‘Other OS’ feature from the PlayStation 3.

In March, Sony released firmware v3.21 that disabled the feature, disallowing users install the Linux operating system. The update was not mandatory; however those who chose not to download it were cut off from a number of other features, one of which included signing in to PlayStation Network.

The suit, filed on April 27 by Anthony Ventura of California, seeks to redress Sony for the “intentional disablement of the valuable functionality originally advertised as available” for the Playstation 3. The disabling of Linux support is not only in breach of the sales contract between Sony and its customers, the suit says, but also a deceptive business practice “perpetrated on millions of unsuspecting customers.”


Written by: Eddie - Contributing Editor


,

  1. #1 by Test Man on April 29th, 2010

    And on what basis are they suing Sony? Fools. They won’t get anywhere, cos Sony haven’t broken any laws removing it (and before you say, no they DIDN’T advertise or market the PS3 as Linux capable, the tech blogs did though).

  2. #2 by Fleakitten on April 29th, 2010

    This is a total waste time. Reminds me of the guy who sued his dry cleaners for loosing his pants.

  3. #3 by SicSemperTyranis on April 29th, 2010 [ 6405 Points ]

    That’s the American way! Let’s sue!

    If you want to talk about frivolous lawsuits check this one out.
    This guy sued Macy’s because the shirt that he bought there caught fire when he was lighting a cigarette on his stove.

    http://www.silive.com/westshore/index.ssf/2010/04/300g_settles_suit_by_bulls_hea.html

  4. #4 by Emrah on April 29th, 2010 [ 7319 Points ]

    Oh, you corporate lovers. You can’t compare this with those frivolous lawsuits. They didn’t advertise? No, hell they did. How about all the super-computer news every so often that directly disclosed PS3’s linux capabilities?

    It’s a feature you don’t use, I’m glad for you.

    I don’t have a 7.1 sound system, I guess only a small percent does. Let Sony remove the feature for some reason. The 7.1 guys could still hear sounds through the 5.1 interface. Now otherOS is gone completely.

  5. #5 by EdEN on April 29th, 2010 [ 142691 Points ]

    But will it blend?

  6. #6 by Jay on April 29th, 2010 [ 83111 Points ]

    the user agreement you agree to when using the PS3 and updating it explicitly states that if piracy and other issues take place because of a feature, Sony is capable of removing said features, and the removal of Other OS is probably specifically the feature they’re talking about, and as soon as you say “I agree”, from even way back when the console first came out, you told Sony it was OK, so this lawsuit holds no water

  7. #7 by Bobby on April 29th, 2010

    I think this is great, and hope it gets to a real court. We need more case law surrounding EULAs and their usage. While, Jay, you are right that I said “I agree”, at what point is the EULA acting beyond standard law.

    We are entering a digital age where features you bought can and are being removed at the whim of the vendor. The PSN being disabled is one thing (that is an optional service), but to prevent the machine to play future disk based games is over the top. So you you are left with a device that can only play PS3 games prior to May 2010. Seems like I bought a PS3 to play all PS3 games.

    With out proper disclosure of the EULA at time of purchase, this kind of stuff can only get worse.

    This issue is so much bigger the Other OS feature and the PS3.

  8. #8 by Bobby on April 29th, 2010

    Test Man: And on what basis are they suing Sony?Fools.They won’t get anywhere, cos Sony haven’t broken any laws removing it (and before you say, no they DIDN’T advertise or market the PS3 as Linux capable, the tech blogs did though).  

    Umm…this seems like marketing material to me.

    http://www.playstation.com/ps3-openplatform/index.html

  9. #9 by Jay on April 29th, 2010 [ 83111 Points ]

    well, my 60GB still has backwards compatibility, so that wasn’t taken away. Future hardware features (after the 80GB with software-based emulation) didn’t have that, and BC wasn’t a selling point on those versions of hardware, so they did no wrong there, either. Was it unfortunate? yes, but it’s no different than features taken away on any other device with newer versions.

    but I do agree that the EULA on anything should be disclosed to consumers before purchase, especially from online retailers, but if you went 4 years updating the console and agreeing to the EULA every time, you’re at fault for not reading the document in the first place.

    And on your reply, they have this, in red, at the top:

    The Open Platform feature is not available on CECH-2000 series or later models of the PS3™ system.

    On PS3™ system models sold earlier than the CECH-2000 series models, the Open Platform feature will not be available if the system software is updated to version 3.21 or later.

    so under the Open Platform deal, as long as you don’t update, you’ll still have it, but then you risk not being able to play games. If it’s that big of a deal, go out and buy an older system with older firmware, or keep your current older firmware and get a new PS3 for gaming.

  10. #10 by Emrah on April 29th, 2010 [ 7319 Points ]

    Jay, this is not as easy as, “Just Read the EULA”, the EULA shouldn’t let SONY to do anything it pleases. Sony, for example, shouldn’t be able to take away my first born son, just because it says so in the EULA. This is why class-action lawsuits are good for, it helps prevent unfair user policies.

    Let me give an example: Say, I bought a digital music player, that only downloads and plays music from the internet. The interface is in total control of the ACME corporation that sold me the device. The digital music player also has a MIC for karaoke, for example. If, one day, because some ass-hats are trying to use the recording function to pirate music, ACME corporation says, “Here, there’s a new EULA, to download new music, we are turning off your Karaoke function, you will be able to listen to all your favourite songs. Just not the future songs! Ah, btw, you cannot even preview music from our store if you do that.”, this would be wrong.

    Sure, I wasn’t using the Karaoke function, sure, 95% of people don’t like karaoke, and hey, they clearly say they are removing the feature.. Should they go away with it?

  11. #11 by Jay on April 29th, 2010 [ 83111 Points ]

    but that was stated in the EULA since the console’s release (well, on the update when OtherOS became available at least, since you need at least firmware version 1.6 to run OtherOS I believe), it wasn’t recently added to it. So far, the only things added to the EULA are when Sony makes new features available (like the change in the policies for the UK PS3s with sharing content, etc. when their video store became available), they haven’t really added anything to current features. Sony must have figured that having Linux/OtherOS available to use, that they needed a clause in the EULA in case people decided to start abusing the feature, and since people did abuse it, it was taken away.

    Plus, no one is forcing you to update. It’s like with pirating software on the PSP, some people haven’t updated their firmware in ages or have CFW, because they chose to use that functionality over having the newest firmware and compatibility with all games.

  12. #12 by Eddie on April 29th, 2010 [ 44542 Points ]

    Nothing will come of this lawsuit.

    Any outcome that would find Sony in breach of some consumer contract would not give us Linux back, nor will they refund us any cash. The court system will not force a company into its own potential ruin.

    Again…in my opinion…Games > linux or anyone being upset just because they feel swindled.

    It almost makes me hope that the PS4 is bare bones console machine with no extra’s so we can get past these little things and get back to what matters.

  13. #13 by Markus on April 29th, 2010 [ 4322 Points ]

    Leave my good friends at Sony alone you big bully suer you!

  14. #14 by Emrah on April 30th, 2010 [ 7319 Points ]

    In the end, Sony got what it wanted, it needed an excuse to cut down on OtherOs for good, it no longer needs to support it in future firmwares, somewhat cutting down on maintenance costs of the software, and it did. A**-hat GeoHot gave Sony the excuse to do it, it’s not as if the PS3’s cracked. Those who are interested in hacking the PS3 obviously haven’t upgraded, they are still working on it. If they can, you can expect a firmware race between Sony and Hackers.

    I should say, hacking efforts of PS3’s accelerated immensely after the removal of OtherOS in the slim models, so if the PS4 comes with no otherOS support, hacks may come earlier than the PS3 itself. Sure, PS3 was secure to begin with, but the OtherOS’less slim model somewhat accelerated the hacking activities (since hacking of the game OS on a fat PS3 would lead to cracking open of the Slim)

  15. #15 by mcloki on April 30th, 2010

    This is nonsense. I hope the judge summarily agrees with the complaint and fines Sony the sum of One dollar. These lawsuits just are fodder for the blogoshere but do absolutely nothing for the consumer.They do enrich lawyers though.
    And if you want Linux for under $300 go buy a computer a Walmart. They are practically giving them away.

  16. #16 by EdEN on April 30th, 2010 [ 142691 Points ]

    You can also get a free (or heavily discounted) computer or laptop when signing on for cable or a satellite every now and then.

  17. #17 by Emrah on April 30th, 2010 [ 7319 Points ]

    McLoki, they sell laptops with Bluray and a Cell Broadband engine for under 300? That’s great man. Hmm, I guess you could do faster than realtime H264 encoding and realtime raytracing with those too.. So yeah, I guess you guys are right.

  18. #18 by Emrah on April 30th, 2010 [ 7319 Points ]

    +, if I could play Killzone 3 on that laptop when it comes out, it would be swell! So I wouldn’t need the PS3 anymore! Yippie!

  19. #19 by Jay on April 30th, 2010 [ 83111 Points ]

    technically, you can purchase a used PS3 that has the functionality with older firmware for sub-$300, just wont be able to play KZ3 on it lol

  20. #20 by Mig on May 3rd, 2010

    I chose the “I agree” option because I didn’t want to lose connectivity to the PSN. I was obligated to choose between 2 things, one of which was going to be taken away from me. I chose Linux. The fact that I clicked “I agree” doesn’t mean $hit in this case.

  21. #21 by Asus King on April 30th, 2011

    I think this is so funny, Sony got what they ask for when they rip off there own customers by taken out the other Os option so customers can install the Linux Os if they wish. Then they close that because people started to rip blue ray disks with it And Sony started to lose money. So they piss off some hacker who loves the Linux Os like most hackers Do and Now they got Hacked and now sued I love it Lmfao! Take that Sony you Peace Of Shit!

  22. #22 by Jcmdaddy on May 1st, 2011 [ 64797 Points ]

    I don’t swing either way when it comes to the other OS, I installed linux on my ps3 way back when to use the word application and the internet on there, since the ps3’s browser was super ridiculous back in the day. But it does suck for the people that used the ps3 for that, and then suddenly it’s gone.

  23. #23 by Eddie on May 1st, 2011 [ 44542 Points ]

    I believe Asus King has some unresolved anger issues…Sony going through this for Linux removal is the equivalent of shooting someone in the face for coloring outside of the lines…


You must be logged in to post a comment.

Like trophies? Like giveaways? Want to speak your mind? Register here!