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A class action lawsuit has just been filed against Sony for releasing a firmware update that “intentionally disables” the “Install Other OS” feature originally advertised as a key feature of Sony PlayStation 3 (PS3). According to the lawsuit, the disablement is not only a deceptive business practice, but also a breach of the sales contract between Sony and its customers.
On April 1, Sony released a firmware update (v3.21) that removed the “Other OS” feature and disabled the ability to install the Linux operating system on the PS3 console. According to the lawsuit, this “Other OS” feature was a unique and valuable function of the game console and was highlighted in Sony’s marketing of PS3 as a way to distinguish it from other gaming consoles. The firmware update isn’t “mandatory,” per se, but gamers who don’t download the update are cut off from the PlayStation Network and are unable to play PS3 games online, play new PS3 games or play Blu-ray videos — all features that require firmware 3.21. The lead plaintiff in the suit claims he chose to purchase a PS3 over other gaming consoles because it specifically offered the “Other OS” feature in addition to the other features listed above.
The class action lawsuit is brought on behalf of all customers who purchased a PlayStation 3 during the period of November 17, 2006 and March 27, 2010 and who did not resell their PS3 during that time. The proposed class action suit seeks nearly $5 million in damages, restitution, attorneys’ fees and other costs. You can see the entire class action complaint here.
UPDATE: A U.S. District Court dismissed the PlayStation 3 OS Class Action Lawsuit in December 2011. However, the Ninth Circuit Court of Appeals partially revived the case 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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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.