Judge Dismisses All Claims Par One for Sony’s “Other OS” Suit
A California judge dismissed all but one claim in the lawsuit against Sony for removing the other OS functionality the examiner claims. The one left is a possible violation of the Computer Fraud and Abuse Act which states it is unlawful for any entity to execute unauthorized modifications on any computer system.
The plaintiffs have 20 days to amend their claims and refile their complaint.
With only one charge looming for Sony, the Judge had this to say.
“Plaintiffs must therefore either allege that Sony made some express representations as to the continued availability of that feature, or they will have to show both that there were implied representations as to continued availability and that an express warranty claim may legally proceed even where it is based in part on such implied representations.,” said Seeborg.