Firmware 3.0 has not been the greatest thing Sony's ever done from a PR perspective. This latest Firmware, while bringing some new features to the table, has also brought software compatibility problems and, in some of the most extreme cases, outright bricking. Sony has washed its hands of the situation, but that's not enough for one man, who wants to take Sony to court.
John Kennedy bought his PS3 on January 8, where he claims it was running perfectly until the dread Firmware was installed. He filed suit on October 3 in San Fransisco, California, and alleges that the Firmware 3.1 fix "not only failed to address problems introduces by Firmware 3.0, it caused new problems."
There's no escaping the fact that there have been quite a few PS3 problems since 3.0 was released, and the lawsuit certainly mentions the extensive complaints Sony has received. So what do you think? Reckon he's got just cause to demand his day in court, or should he shut his bloody mouth?
I'm just glad my own PS3 is doing fine.
Jim Sterling serves as reviews editor for Destructoid.com, head of the Podtoid podcast, and produces a number of news stories, original features, one-of-a-kind videos. With his passionate argumentative style, controversial opinions, harsh delivery, and dedication to brutal honesty Sterling is a name that you can't help but recognize.
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Contest:
9:20 AM on 10.06.2009
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his claim isn't that the technology broke (ala 360's RROD) but that Sony Computer Entertainment America was telling him to update to the latest official firmware and in doing so turned his PS3 into a paperweight by way of software manipulation. Its basically a consumer rights issue.
This is all based on the claim and not on whether or not he himself screwed up his technology.
Sony doesn't give everyone different firmware. Doing the same thing over and over again while expecting different results is called insanity.
I.E. It's insanity to think the *firmware* caused the problem. There have been many complaints from people who used their PS3 too much. YLoD and Blu-ray failure.
I would probably just call Sony, tell them the problem, asking them to fix it for free. And maybe a free $20 PSN card as a apology.
But technology is not perfect.
I'd say blaming Sony's firmware when millions of other people still have perfectly working PS3s is even more illogical.
Will people never learn?
Sure, if he bought his PS3, sat it on the shelf, used it exactly as he should, no fucking around, and a firmware update bricked it, then fuck yeah he deserves at least a new one (none of that psychological damages bullshit).
But if he's been fucking around trying to run homebrew on it, or is simply lying that the firmware bricked it, or if he fucking turned it off during the update or something, he deserves a slap, nothing more.
It's another story if his power was cut off during an update and it got bricked, in that case, sue the power company.
But if it's within warantee, simply send it back to Sony man, they'll sort it out, stop being a dick.
I'm no lawyer, but I don't think there's anything been put in place to accomodate the legal issues regarding a company making changes to your purchased product post sale are there? Like Fight Night round 4, great game when i bought it, once the ad's were, uh, added in it was far less of an enjoyable game. What are my rights in that situation? i mean it's no longer the game i bought, because of a change that the publisher made post sale.
I mean, should they want to, they could simply remove chunks of game, after we've bought them, or remove software functionallity from consoles after we've bought them, and in that case, where would we stand?
For Sony (like Microsoft and Nintendo), have those user agreements. Those allow them to make you accept terms to use the product, like agree not to hack the system, to update it, etc.
@Shadowiii
There is no evidence this is widespread or the firmware's fault. You can argue that's because Sony didn't make good enough hardware, but everything else is speculation. No one has shown evidence that the Firmware even could cause this.
I know that individualized firmware updates are ludicrous. I'm saying that in an ideal instance where he hasn't done anything outside of standard usage and his PS3 died because of the update, then he is entitled to his claim. You'd feel robbed if the PS3 you bought bricked after a firmware update and Sony told you it was your fault.
People got on Microsoft's ass about the 360 killing themselves, I think its interesting to see if this guy actually has a legitimate claim.
When my blu ray drive failed, it took my ten minutes on the phone, and I got my system back in a week. It was the best I ever had personally. Though perhaps it's changed in the last year and a half.
A week was still too long though and i had to borrow a kind hearted buddies PS3. He'd only had it a week but is a bit of a martyr like that.
It's hard to go without when you rely on it for TV, internet, Music, Photos and games. My TV is lost without my PS3.
Oh yeah, Chaos, it's the all new and improved, only slightly trollish SC here these days. i'm doing quite well at avoiding trollishness, but i do have the occasional relapse when a post or comment really grinds my gears.
Right, you could argue there's "no evidence" the new Wii firmware bricks Wiis but it happens, and to quite a few people.
Maybe it isn't as widespread as the 360's E74 or RROD, but if comments on forums and from several of my friends who got the firmware and then their PS3 bricked, it's reasonably common. If you are trying to tell yourself it isn't, you are just fooling yourself.
Also the support for this has been awful. My friend ended up having to shell out over $150 for them to fix his PS3. It's with them now, but seriously...the system was only a few months old and he took pristine care of it (and didn't homebrew), and it worked great until the firmware update.
Just saying.
1. Most poster I've read have said it failed after a day or two with the new firmware, not immediately like the wii firmware.
2.You must be lying, because if your friend only got one a couple months ago, it's still under warranty. Unless he's modded it, and then he's just as likely to blame if not more.
Was his PS3 modded? Was it setup according to Sony's "recommended configuration" (give it pleanty of breathing room, don't put it on a rug, ect)? Does he have proof that everything worked fine before the firmware update? What troubleshooting has he done? Has he called Sony at all about it?
There's also some questions for Sony. Can they prove that it was at least highly unlikely that the 3.0 update bricked it? Can they give other reasons why it would have stopped working after the update? Exactly how many people have reported broken/bricked systems specifically after the 3.0 update, and how many were actually broken by it?
It's almost impossible to call this one with just the info given.
Sony has also shown a willingness to compromise on issues directly related to the hardware when they are in error. Many people had a hardware issue and weren't able to play GTA4... Sony repaired/replaced those units for free.
I think that Sony is smart enough that they would simply absorb the loss on units if they knew beyond a shadow of a doubt that a firmware upgrade caused incurable problems with specific PS3 units
The amount of stupid you've managed to put into one paragraph is rather breathtaking. Who do you think these "watchdog" groups are? What exactly do you think they do to "handle" these "issues"? What are all of those civil court judges going to be doing while waiting for those "genuine" criminal cases that aren't going to be sent to them because they don't try criminal cases? And what the fuck was your idiot mind thinking when you wrote, "Courts are for crimes and stuff breaks down."
I've got it, the king junior ran up and down up and down, but why the fuck are you posting your retardation on the Internet?
"My friend ended up having to shell out over $150 for them to fix his PS3. It's with them now, but seriously...the system was only a few months old and he took pristine care of it (and didn't homebrew), and it worked great until the firmware update. "
Why the hell would you're friend have to pay $150 to fix his PS3 when it was under a year old like you said. If was was under a year old then it was under warranty and would've been free to fix. So either you or your friend is lying.
also another fun fact. In the article Jim posted it clearly says that this John Kennedy guy bought his PS3 on January 8. Which means he's under warranty as well. So he clearly didn't even phone Sony to get a free repair. He just lost this court case (and the money he's paying his lawyer) based on that fact. There goes you hope for the guy winning anything.
But seriously, warranty.
what happened to the 1 year warranty??
My PS3 had problems earlier this year and Sony's customer service was seriously lacking. Luckily my friend's mad scientist computer expert Dad fixed the problem. If not, I would have had to send it to Sony, at my cost, for a $150+. Lame. Lame Lame.
Sony needs to work on their customer service and quickly.
My PS3 was bricked by 2.7x (cant remember exactly, something past 2.6). I was out of waranty, sure, but they bricked it by REQUIRING me to put it on to access PSN and some games. If updating would have been voluntary, and that non-updating wouldn't affect services and console operation i'd be fine. But Sony force-feeds me the brick-ware and then expect me to cough up 150 quid to get it "repaired". Who can say if they didnt do that on purpose ? (no i'm not one of tinfoil hat morons...)
So, no, you b0rked it - you fix it...
I did manage to get it fixed free, after several hours of talking to morons on the other side of the wire (have you checked the cable sir (in heavy indian accent))...
My sincere apologies if my comment in any way offended you, pushed any of your buttons or appeared misguided. I'll admit that I don't always appear to offer the most eloquent, compelling commentary of our time like your good self, but I will admit to being puzzled at this man's vain attempt to fight a big corporation with little more than muddy, speculative evidence, and may have made suggestions on alternative practices that, in hindsight, indeed do not hold water. Thank you for your insight.
Since we're handing out advice, (I'll take your "die in a fire" suggestion on board, so we're both learning here) can I suggest that you dial down the foaming, crimson rage? Put down the bag of Cheetos and try some fresh fruit. Go for a run. Go out for a meal or a drink with friends, or on your own if you have no friends to hand. Listen to some of your favourite music. Anything to stop that oxygen-starved heart of yours from popping out of distilled fury.
I'm sure there are people out there that care for you, or may well just take care of you, and I'm sure they wouldn't like to see you have a multiple coronary aneurysm because you didn't like reading what someone commented in a gaming blog.
Well done, but I'll be suing you for a new keyboard. ;-)
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