Sony Files Motion to have “Other OS” Case Dismissed


Sony’s lawyers have filled a motion to have the case of the “Other OS” to be dismissed. Sony removed the option of installing another OS a few months back and was hit with a lawsuit saying that Sony removed options that were advertised as an option pulling a sort of bait and switch.

Sony is saying that the written express warranty dictates that the system software license agreement allows them to alter, update or remove software options as the consumer is licensed these options, you do not own them.

Sony’s motion also went on to say that the plaintiff has failed to supply any mass media advertising campaigns or statements by SCEA. Sony’s states “Instead, it includes a mix of quotes drawn from obscure articles and unrelated third party publications, and a smattering out of context and incomplete references to a few pages of SCEA’s website and user manual.”

Sony went on to list other reasons to strike this lawsuit down, one being that one of the plaintiff’s never event installed or used the other OS feature at any time.

I’d say there is a very good chance of this lawsuit getting tossed out. However you can read the full story on IGN’s site along with the PDF of Sony’s reason to strike and dismiss the case.

*no idea where the image came from, but its hillarious lol*


Written by: Eddie - Contributing Editor


  1. #1 by L/L on September 19th, 2010 [ 4782 Points ]

    PLF FTW! lol. On a serious note, I can’t see this case going any further either. Never really had any major interest in it to begin with though, so I could easily be wrong.

  2. #2 by mulligank on September 19th, 2010 [ 625 Points ]

    This is a ridiculous case to me anyway, its why I’m glad I’m not inside an office all day.

  3. #3 by premiersoupir on September 19th, 2010 [ 17020 Points ]

    What’s ridiculous? One purchases hardware; one expects to be able to use said hardware in the fashion advertised by its producer.

  4. #4 by shadowcrazy on September 19th, 2010 [ 325 Points ]

    hopefully something like this WAKES SONY up and they understand how Other OS has affected some of us who used it non stop (i never used it because i was trying to get my checklist for things i needed done…when i had enough to do Other OS…it was all gone :( )

    it’s highly unlikely they’ll bring it back….but it was something i wanted to take advantage of…and i feel it was wrong they took it away. no software license agreement is going to make me feel any better that they took it away :/

  5. #5 by Eddie on September 19th, 2010 [ 44542 Points ]

    premiersoupir: What’s ridiculous? One purchases hardware; one expects to be able to use said hardware in the fashion advertised by its producer.  

    got a copy of that advertisement handy? I’ve searched and searched and can’t seem to find any evidence of advertisement other then sony saying “hey! it can do this too!”

  6. #6 by Eddie on September 19th, 2010 [ 44542 Points ]

    @shadowcrazy it will wake Sony up. It will cause them to not put things like this into future consoles due to people taking advantage of them. Sad but true.

  7. #7 by shadowcrazy on September 19th, 2010 [ 325 Points ]

    well in the end the “it only does EVERYTHING” doesn’t really apply anymore

    and i’d be interested to see where this is advertised as well…

    still breaks my heart that Other OS is gone…i wanted to try it out so badly too :(

  8. #8 by shadowcrazy on September 19th, 2010 [ 325 Points ]

    tru but now it’s gotten even worse….to be honest homebrew isn’t a terrible thing…piracy is but i haven’t seen evidence of piracy being done in Other OS

    still tho now things are worse and it looks like the firmware wars are coming soon :(

  9. #9 by Bilzac on September 19th, 2010 [ 30 Points ]

    Did people sue Sony on the whole backward compatibility removal issue? I am pretty sure that was advertised more than this…but then again they didn’t remove it from the consoles that already had it in em.

  10. #10 by Mike on September 19th, 2010

    Lawsuit makes no sense. You don’t have to update your firmware to run linux. You have to update your firmware to play games online. Only pirates would be concerned with this.

  11. #11 by premiersoupir on September 19th, 2010 [ 17020 Points ]

    Eddie:
    I’ve searched and searched and can’t seem to find any evidence of advertisement other then sony saying “hey!it can do this too!”

    Well, there you are then: that’s advertising.

  12. #12 by premiersoupir on September 19th, 2010 [ 17020 Points ]

    Mike: Lawsuit makes no sense.You don’t have to update your firmware to run linux.You have to update your firmware to play games online.Only pirates would be concerned with this.  

    You seem to be confused about the issues at stake here. OtherOS has *nothing* to do with piracy.

  13. #13 by Eddie on September 19th, 2010 [ 44542 Points ]

    @premiersoupir Thats def not advertising. For all we know, that info was for dev’s. The general public was not involved in those announcements.

    So you’re saying Sony just removed it to annoy people? Because that tends to hurt sales.

    I’m all for homebrew, but you can’t have homebrew without piracy no more then you can have money without greed.

  14. #14 by Timeloop on September 19th, 2010 [ 250 Points ]

    i would still like the option to install it if needed or wanted :)

  15. #15 by derrickgott007 on September 19th, 2010 [ 871 Points ]

    What happened to the people with other o.s. installed? Were they left with a hdd with a big partition now useless because they can’t acsess the other os option anymore?

  16. #16 by Andy on September 19th, 2010

    This case will eventually set a precedent, if it goes to court then anyone offering firmware upgrades will be affected e.g. Apple for iPhones, Google/Samsung for Android etc. Heck even Windows and OS X service packs that take stuff away could come under fire!

  17. #17 by Skott on September 20th, 2010 [ 1380 Points ]

    Duh. Did anyone think Sony was going to let someone win money from this? I know I didn’t.

  18. #18 by shadowcrazy on September 20th, 2010 [ 325 Points ]

    derrickgott007: What happened to the people with other o.s. installed? Were they left with a hdd with a big partition now useless because they can’t acsess the other os option anymore?  

    i’d like to know this as well…because if thats the case i’d be pretty peeved as well

  19. #19 by shadowcrazy on September 20th, 2010 [ 325 Points ]

    Mike: Lawsuit makes no sense.You don’t have to update your firmware to run linux.You have to update your firmware to play games online.Only pirates would be concerned with this.  

    your logic makes no sense…how does this concern pirates when i would love to keep Other OS and play games online legally?…you should think about what you post before ACTUALLY posting :/

  20. #20 by Sarobi on September 20th, 2010 [ 100 Points ]

    “IT ONLY DOES EVERYTHING…sony allows you to do, and in future cases of exploitation sony is allowed to remove ‘EVERYTHING’” <- would be a good slogan

  21. #21 by Darrin on September 20th, 2010 [ 17143 Points ]

    The only legitimate use of the “Other OS” functionality was to support people building large clusters of dozens of PS3′s for cheap processing power that has nothing to with games or entertainment.

    Several places were really doing that and I think it’s really sad that Sony is doing this. People can not upgrade firmware and keep existing PS3s but that still sucks: what if you want to replace a PS3 or grow your cluster?

    I assume Sony did this because of potential piracy issues but I wish they could keep supporting the cluster computing crowd.

  22. #22 by Emrah on September 20th, 2010 [ 7319 Points ]

    Sony needs to sell linux enabled pc’s, without bluray and gameos -for profit-. Removing the game os, certain security layers and blu ray would do a lot to prevent piracy efforts, and Sony would be earning money. (These guys are not interested in bluray playback, so omitting the drive would bring costs down, and it could be sold at a price of Sony’s choice.)..

    I sometimes wish I was running the damn company, I’m that good. (Kidding.)

  23. #23 by Jeremy on September 20th, 2010

    i formatted my hard drive before i updated to remove otherOS. otherwise i guess you just lose 10GB of hdd space

    derrickgott007: What happened to the people with other o.s. installed? Were they left with a hdd with a big partition now useless because they can’t acsess the other os option anymore?  


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