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A federal judge has killed a class action lawsuit filed by PlayStation Network members who sued Sony last year for removing the ability to install another operating system on their PS3 consoles.
The gamers alleged in the PS3 “Other OS” class action lawsuit that Sony breached its sales contract by releasing a firmware update on April 1, 2010, that intentionally disabled the “Install Other OS” feature originally advertised as a key feature of popular gaming console. The “Other OS” feature was marketed as a unique and valuable function that distinguished the PS3 from other consoles in that it allowed users to also use it as a PC, DVD player and pretty much anything they wanted.
PS3 owners claimed in the class action lawsuit they would not have purchased a PS3 over other consoles, such as Xbox, had they known the “Other OS” feature would be disabled. They sought nearly $5 million in damages and restitution from Sony to hold it accountable for its deceptive business practices.
While a judge agreed that the “dismay and frustration” the PS3 owners experienced “was no doubt genuine and understandable,” he ruled the Plaintiffs could not prove that Sony had done anything illegal.
“As a matter of providing customer satisfaction and building loyalty, it may have been questionable. As a legal matter, however, Plaintiffs have failed to allege facts or articulate a theory on which Sony may be held liable,” wrote U.S. District Judge Seeborg.
Judge Seeborg also said PS3 owners had the option not to update their console and retain their ability to install other operating systems.
The dismissal of the PS3 “Other OS” class action lawsuit is a blow to gamers, who had their right to sue Sony in any future class action lawsuits taken away when Sony introduced a “no class action” clause in the PlayStation Network terms of service in September.
PlayStation Network members fired back this month with a class action lawsuit alleging Sony’s “no class action” clause is unfair and is a breach of faith and fair dealing, as well as unfair competition.
UPDATE: The Ninth Circuit Court of Appeals partially revived the PlayStation 3 OS Class Action Lawsuit on Jan. 6, 2014, saying the plaintiffs “sufficiently pled” 5 of the 15 claims that were dismissed against Sony.
UPDATE 2: On June 20, 2016, Sony reportedly agreed to settle a class action lawsuit accusing it of releasing a 2010 firmware update that disabled the “Install Other OS” feature on its Sony PlayStation 3 consoles.
UPDATE 3: The Sony PlayStation 3 “Other OS” class action settlement is now open! Click here to file a claim!
UPDATE 4: December 2017, a revised settlement agreement worth $3.75 million has been reached in the litigation over the loss of “Other OS” functionality in Sony’s “Fat” PlayStation 3. The new settlement agreement supersedes an earlier agreement reached last year that failed to earn final court approval. Click here to file a claim.
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2 thoughts onGame Over for Sony PS3 “Other OS” Class Action Lawsuit
UPDATE 3: The Sony PlayStation 3 “Other OS” class action settlement is now open! Click here to file a claim!
UPDATE 2: On June 20, 2016, Sony reportedly agreed to settle a class action lawsuit accusing it of releasing a 2010 firmware update that disabled the “Install Other OS” feature on its Sony PlayStation 3 consoles.