Sony PlayStation 3 ‘Other OS’ Class Action Settlement

After six years of litigation, Sony Computer Entertainment America (Sony) has reached a class action settlement with a reported 10 million PS3 console owners over its 2010 firmware update that removed support for the Linux operating system in the PlayStation 3.

The ability to install Linux was one of the reasons some users purchased the older PlayStation 3 model, so when Sony locked out support for this in 2010, plaintiffs Anthony Ventura, Jason Baker, Jonathan Huber, James Girardi, and Derrick Alba filed a class action lawsuit against the company.

Specifically, the plaintiffs challenged the issuance of the firmware update to disable the “Other OS” functionality from PlayStation 3 “Fat” model computer entertainment consoles (Fat PS3). The Other OS function enabled users to run Linux as an alternative operating system on Fat PS3s.

They claim that they and other Class Members were not informed that Sony retained the purported right to disable the advertised OS functionality feature of the PS3 and disclosure of this would have been crucial in their decision to purchase the “Fat” PS3.

Under the terms of the Sony Fat PS3 class action settlement, Sony has agreed to pay as much as $55 to as many as 10 million PS3 owners.

To get the full $55, gamers need to “attest under oath to their purchase of the product and installation of Linux, provide proof of their purchase or serial number and PlayStation Network Sign-in ID, and submit some proof of their use of the Other OS functionality.”

Console owners can also claim $9 in a process that is less involved. To do this, they must send in a claim that explains how, when they bought the system, they “knew about the Other OS, relied upon the Other OS functionality, and intended to use the Other OS functionality.”

Alternatively, gamers can get the $9 if they “attest that he or she lost value and/or desired functionality or was otherwise injured as a consequence of Firmware Update 3.21 issued on April 1, 2010.”

Only gamers in the US who bought a “Fat” PS3 between Nov. 1, 2006 and Apr. 1, 2010 are eligible for the settlement offer.

Additionally, there is $2.25 million provided in the settlement in attorneys’ fees for the legal counsel that brought the claims against Sony.

Sony denies that it did anything wrong.

Class Members who wish to object to the terms of the settlement or wish to be excluded from the settlement must do so by Dec. 7, 2016.

UPDATE: 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.

Who’s Eligible

There are two Classes covered by this lawsuit. You are a settlement Class Member if you belong to either:

• Consumer Class A: You purchased a Fat PS3 in the United States between Nov. 1, 2006 and Apr. 1, 2010, from an authorized retailer for family, personal, and/or household use and used the Other OS functionality after installation of a Linux operating system on your Fat PS3; or
• Consumer Class B: You purchased a Fat PS3 in the United States between Nov. 1, 2006, and Apr. 1, 2010, from an authorized retailer for family, personal, and/or household use.

If you are unsure what benefits you are eligible to receive, whether you’re a Class Member, or what your options are, you may contact the settlement administrator at 855-720-1264 or email info@OtherOSsettlement.com.

Potential Award

up to $55.

If you purchased a Fat PS3 in the United States between Nov. 1, 2006, and Apr. 1, 2010, from an authorized retailer for family, personal, and/or household use, you are a Class Member and may be eligible to submit a claim to receive a cash payment.

Class Members who submit a claim with the required proof of purchase and proof of use of the Other OS feature are entitled to receive $55.

Class Members who submit a claim with proof of purchase and attest that they intended to use the Other OS function, lost value or desired functionality, or believe they were otherwise injured are entitled to receive $9.

Proof of Purchase

If you are a member of either Consumer Class A or B, you are eligible to receive a settlement payment if you submit the following proof of purchase documentation with your completed Claim Form:

1. A sales receipt, credit card statement or other documentation that shows the place and date of purchase; or
2. The serial number of the Fat PS3 you purchased (found on the back of your console) and the PlayStation Network Sign-In ID that you used with your Fat PS3 console between Nov. 1, 2006 and Apr. 1, 2010.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

12/07/2016

Case Name

In re: Sony PS3 “Other OS” Litigation, Case No. 4:10-cv-01811-YGR, in the U.S. District Court for the Northern District of California

Final Hearing

01/24/2017

Settlement Website

www.OtherOSsettlement.com

Claims Administrator

In re: Sony PS3 “Other OS” Litigation
c/o Garden City Group LLC
PO Box 10312
Dublin, OH 10312
855-720-1264
Email: info@OtherOSsettlement.com

Class Counsel

James Pizzirusso
HAUSFELD LLP

Rosemary M. Rivas
FINKELSTEIN THOMPSON LLP

Kathleen V. Fisher
CALVO FISHER & JACOB LLP

Defense Counsel

Luanne Sacks
Michele Floyd
Michael Scott
SACKS RICKETTS & CASE LLP