Quantcast
Destructoid Japanator Tomopop Flixist
Dtoid Forums now support TapATalk and ForumRunner on your iOS/Android devices. Whoot.

Sony in class-action suit over disabling PS3 OtherOS photo

And here I thought this was all over. Silly me.

A class-action lawsuit has been filed in the state of California seeking damages from Sony as a result of the console manufacturer's discontinuation of OtherOS support on PlayStation 3 consoles. As you may recall, the functionality which allowed users to install an operating system (i.e. Linux) that differed from the PS3's standard fare was disabled via a firmware update on April 1st.

The plaintiff in the suit, Anthony Ventura, claims that, "Sony's decision to force users to disable the OtherOS function was based on its own interest and was made at the expense of its customers." I'm not an attorney or a judge, but I would say that's probably the case. What I can't begin to guess at is whether the loss of OtherOS will be considered by a court to be a significant damage to consumers.

The odds of this suit getting a judgment in favor of the plaintiff seem low to me but, again, I'm not an attorney. I just get the impression that Sony's going to be able to demonstrate the impact that this has on the average user in such a way that they'll get out of any such damages.

PlayStation 3 Owner Files Class Action Suit Against Sony For Dropping 'Other OS' [Kotaku]








More gaming stories around the web. Got news? Submit yours to tips@destructoid.com

Conrad Zimmerman is Destructoid's News Editor and home to the busiest mustache in the gaming press. An amateur historian and pop culture fanatic, Conrad possesses a nearly limitless wealth of videogame factoids and a passion for the power of games to teach, inspire and entertain. He enjoys reading, writing and turning things which should be fun into work. Likes Mega Man 2, Arcade Games, Books about games, Board games, Having cultural interests that aren't games Meet the rest of the team



Post a comment! You can also post a photo below:

Comment with Facebook





Click connect and comment instantly!

Comment with Dtoid





New? SIGN UP - it takes 5 seconds

79 comments | showing # 1 to 50
prev
next 50 comments

Excel-2011's Avatar - Comment posted on 04/29/2010 03:16
Excel-2011
The main question I think would be how necessary was this change.
Chronic Logic's Avatar - Comment posted on 04/29/2010 03:19
Chronic Logic
Serious fucking business.
wildcatfan87's Avatar - Comment posted on 04/29/2010 03:21
wildcatfan87
never should of put lunix in the firstp lace then this wouldent happend and we would not have people whineing over sucha usless feature
NoMoneyLeftBoy's Avatar - Comment posted on 04/29/2010 03:23
NoMoneyLeftBoy
I'm just pissed that there's 10gb of my hdd I can't utilize unless I reformat which is an inconvenience to say the least.
MisterFox's Avatar - Comment posted on 04/29/2010 03:31
MisterFox
From a logical point of view, it's like this:

Sony offers a console that you pay for.
Sony offers you to install a different OS, free of charge.
Sony disables the option to install a different OS.
You're being stripped off an alternative to the normal OS but that doesn't mean you lost any money whatsoever.

So as much as I want to try OtherOS on my PS3, it can't be helped. You weren't ripped off or nothing, so they probably won't get through with the charges.
Emrah's Avatar - Comment posted on 04/29/2010 03:51
Emrah
I'm with the plaintiff. This is not a frivolous case, like those that want to take a bite at the Corporations over stupid claims.

How many of you have 7.1 sound systems? I guess, very few. Most of you would have stero or 5.1 sets.. If sony, for some reason, removed 7.1 support, would this be OK, as only a few used it anyway? Plus, they still can get 5.1 sound from their 7.1 sets anyway.. So such a move by Sony would suck even though the console still provided sound. OtherOS is gone and gone for good.
Aurain's Avatar - Comment posted on 04/29/2010 03:55
Aurain
I hope Sony lose because if they do, we might get something for free as reimbursement.

I've given Sony enough money and had shitty treatment because of being EU for long enough. We deserve some Free shit.
NoMoneyLeftBoy's Avatar - Comment posted on 04/29/2010 04:01
NoMoneyLeftBoy
Wasn't it the case originally that sony only allowed the unix partition because it allowed them a tax break, as they could ship the ps3 under the consumer pc bracket?
Antony_256's Avatar - Comment posted on 04/29/2010 04:17
Antony_256
Why the fuck should I be OK with losing a feature I paid for?
Chronic Logic's Avatar - Comment posted on 04/29/2010 04:19
Chronic Logic
@twelvefiftyone

So are you blaming Destructoid as well for reporting about these news?

Also, I've been meaning to ask you, but you wouldn't be related to "x1251" would you?
stomm's Avatar - Comment posted on 04/29/2010 04:30
stomm
@Antony 256 - I completely agree.

On more and more blogs (engadget is the worst for this) I'm seeing posts by people saying one of these three points:

"Well I never used it so wah-wah to anyone else" or
"Only 2% of PS3 owners used it so what" or
"Well if you want it so badly don't update"

Well the problem is I purposefully got an original PS3 so I could have linux on it. Now I'm like NoMoneyLeftBoy with room on my PS3 I can't use unless I mess around backing everything up first. Don't get me wrong, I'm not developer or coder but I did enjoy using the linux install as an alternative.

The point is Sony offered it, (some) users took advantage of the feature and now Sony have taken it away. I paid for this and my alternative to having the 'otherOS' is not going online. For me this is not a viable option - I bought the system legitimately, I pay for my games legitimately and it feels slowly but surely I'm having the features I sought after and paid for being taken away.

Yes I am in the minority for using it, but so what? I paid for it!!! I get riled by the general consensus on forums that unless it's something to do with DLC being on the disc already or exclusivity rights being off the wall users don't back each other up. I wasn't looking for a Cray supercomputer in my bedroom, but it was the first time I thought "Hey wow, Sony aren't so bad after all, this is something I can play with and it really feels like they've given something back to the fans." - Now it's gone. As Emrah said with his analogy, if it was something that affected the majority of users there would be a far greater kick-off than what there is now.

Fair play to those looking to take a class-action suit back to Sony. If I had the guts, money and insanity to try and take them on I would too. While I was at it, I'd ask why my PS3 freezes pretty much every time I use the Iplayer too!
TheToiletDuck's Avatar - Comment posted on 04/29/2010 04:32
TheToiletDuck
Can i just re-iterate that just because YOU didn't use a feature does not mean that NOBODY used it. Now, don't let me hear someone say it again.

@MisterFox : That logic is ridiculous.
Kalmah's Avatar - Comment posted on 04/29/2010 04:36
Kalmah
Once this case is over and Sony has won, they should permanently ban this piece of shit's PSN account. That outta show him, maybe next time he'll think twice.
Chronic Logic's Avatar - Comment posted on 04/29/2010 04:41
Chronic Logic
@twelvefiftyone

I didn't say personally, just including Dtoid as well. But why do you think that these lawsuits against Sony is idiotic?

I'll take your...interesting picture as a no then.
stomm's Avatar - Comment posted on 04/29/2010 05:12
stomm
@twelvefiftyone

I bought an original over the slim because it offered a card reader and the option to install an alternate OS. Funnily enough I got the original for such a good price because the person I bought it off simply wanted the newer slim (simply because it was a bit smaller). Literally no other reason for purchase on his part. To be fair I didn't buy a PS3 for the other os reason _alone_ but it was a deciding factor.

I didn't realise that I needed to be told what I actually bought it for. I better put my bib on then because I seem to be dribbling uncontrollably with being a retard lol

I own all three current gen consoles and I like all three for different reasons. It's just a shame that one of the reasons why I enjoyed the PS3 so much compared to the other 2 has now gone. Yes it was an added bonus, but never at any point did they say they were going to take it away, otherwise I may have got the slim and be done with it.
Sean Daisy's Avatar - Comment posted on 04/29/2010 05:15
Sean Daisy
@twelvefiftyone

Lucky for you, then, that Sony decided to take away something you don't care about.

Imagine if Sony took away free online, and made you pay for PSN by subscription, like Live.

If Sony took this Other OS feature away, what's to say free PSN won't be next? After all, they'll have set a precedent.
readbigwordsisgood's Avatar - Comment posted on 04/29/2010 05:25
readbigwordsisgood
Exciting stuff. I hope he wins and that compensatory and punitive damage awards extend to at least all who had OtherOS installed at the time of the mandatory April 1.

I'd like to attach to this class, so I'd appreciate if Destructoid would please provide the law firm / contact info if you have it.

As it now stands I've got a 5 GB dead zone partition on my hard drive that is useless without doing a full system wipe.

@1251 - shush.
a0jer's Avatar - Comment posted on 04/29/2010 05:34
a0jer
the trolls, don't feed them

I'm with the plaintiff on this one.
killias2's Avatar - Comment posted on 04/29/2010 05:44
killias2
Go plaintiff! I bought a ps3 partially for OtherOS. Now I haven't been able to update... And I have SSF4 here and can't play it....
superjay779's Avatar - Comment posted on 04/29/2010 05:50
superjay779
I hope Sony fails so they might think about adding back features like other os and backwards compatibility.
Pinhead's Avatar - Comment posted on 04/29/2010 05:50
Pinhead
For me, wether people use Other OS or not is irrelevant. The point is that Sony had the audacity to reach into your PS3, through the Internet, and unhook your Other OS feature. I don't care if it was unpopular or not. I don't care if they are allowed to do that according to the Terms of Agreement the PS3 user has to sign either. The idea of a manufacturer subtracting features from a product that you paid for is just unreal. Corporations can't have this kind of control over the products that lets them actually regress their products into an inferior state compared to its state at the time of purchase.
MisterFox's Avatar - Comment posted on 04/29/2010 05:54
MisterFox
No, seriously, someone enlighten me. Why is the main-motivation to buy a game-console to work on it because you got Linux on it when you most likely have a working PC in your house already.

And no, I'm not trolling. I'm just not too knowledged on the subject.
ChaosTeaCup's Avatar - Comment posted on 04/29/2010 06:01
ChaosTeaCup
Someone once stole the lettuce out of my BLT, but fuck it, I don't even fucking like lettuce man, and neither does anyone else. Do they?
stomm's Avatar - Comment posted on 04/29/2010 06:01
stomm
@MisterFox

For me personally it wasn't the most amazing thing, but I'm a tinkerer - I like messing around with things when it appeals to me. Yes I own a car but sometimes go-karts are fun too?

It was good to be able to not move from my seat and switch over to linux. I could control my PC (at work) remotely if I wanted to, I could share files with my other PC's, keep backups of files, browse the net (with full functionality compared with the in-built ((but still good)) browser), scummvm emulators and so on...

Pinhead made a comment that summed it up perfectly for me. It's upsetting that people are getting borderline hostile (you're not included in this MisterFox just to clarify!!) because it doesn't affect them. I genuinely would be gutted if they did started to charge for the PSN, but I think the backlash would make this look very meek compared.
all great games have a fart button's Avatar - Comment posted on 04/29/2010 06:20
all great games have a fart button
Good points, stomm.
I was like most at first glance, I didn't use the other OS and it doesn't affect me having it gone, I never used or cared about it and instant reaction felt like a scam lawsuit to make some bucks.

But reading all your points...you're right. There's a case here and more power to them. And a thank you (sincerely, not sarcasm) for taking the time to type all your views out. Every so often there are people like me who ARE reading them and taking it in.
MisterFox's Avatar - Comment posted on 04/29/2010 06:29
MisterFox
@stomm,

Well, it seems it has even more advantages than I thought. And I'm like you, in a way - if there is an alternative, I really wanna give it a try. That's why most of the things I use (PC, PSP, PS3 etc.) are using a different theme than the default one, for example. Although, hypocritically enough, I still think customization isn't necessary at all.

And the possibility that PSN might not be free forever after the OtherOS-incident makes sense to me too now. It worries me alright.

I still feel that you should buy a game-console first and foremost for the purpose of playing (as it was once put into a corny line: "Play the games, not the system") but with all things considered now, I think I'm seeing things in a different light.

With that though, *this* should be considered in the lawsuit. The picture as a whole. Not just the OtherOS-problem.

Anyway, thanks for enlightening me, stomm.
tenz's Avatar - Comment posted on 04/29/2010 07:02
tenz
I'm with sony on this one. They can easily show a number of reasons why they removed it.

@Stomn

I'm pretty sure those survey sony put out show they gonna charge for those premium features for PSN
hornetjockey's Avatar - Comment posted on 04/29/2010 07:07
hornetjockey
The nice thing about this is that Sony may have to reveal the actual reasons for disabling the mostly worthless, redundant feature.
Deny Everything's Avatar - Comment posted on 04/29/2010 07:19
Deny Everything
"What I can't begin to guess at is whether the loss of OtherOS will be considered by a court to be a significant damage to consumers."

It's perfectly possible that they can be issued an injunction and be forced to re-enable the feature or compensate users.
Volomon's Avatar - Comment posted on 04/29/2010 07:34
Volomon
In Cali, they have a chance, Cali is more like Europe than the USA. I don't even consider it part of the USA and I sometimes wonder if people living there think they live in the USA. Poor fools...anyway since they should be treated more like the EU than the US then ya they should probably win. Since the EU/Cali have a long standing history of taking the consumer rights to a new level beyond the capabilities for the entity or business to handle, I've seen handicap stores go out of business because of really bad consumer laws for the handicapped being abused by certain people to gain money in Cali.
sprldr's Avatar - Comment posted on 04/29/2010 07:44
sprldr
I'm rooting for Sony. The more the consumers suffer, the more reason GeoHot has the hack the fucking thing.
stomm's Avatar - Comment posted on 04/29/2010 08:12
stomm
@MisterFox and @all great games have a fart button

Thanks for the kind thoughts, it's actually inspired me to write my first blog post lol

@tenz

To be honest I'm in the dark as to what Sony class as premium services, I'll have to google that one.
jase52476's Avatar - Comment posted on 04/29/2010 08:13
jase52476
Court: Sony, is it true that you removed this feature from the Plaintiff's consoles?

Sony: Yes, we're submitting two articles as evidence: A) our EULA and B) Terms of Service agreements which are both conditions upon which we offer PSN service. The Plaintiffs all agreed to be bound by this agreement as a condition of the services we provide. However, we made it clear that the Plaintiff had an option to remove the feature and continue to use our service, or opt not to remove the feature but lose their access to PSN and future (free) updates. Furthermore, we believe that the Plaintiff's case is without merit, we move to dismiss.

Court: Case dismissed.
Hcapt's Avatar - Comment posted on 04/29/2010 08:29
Hcapt
@ Jase - EULA's are regularly thrown out and have traditionally been considered meritless, as no deliberate attempt is made to inform consumers of their conditions or make them sign the agreement prior to purchase. Also, not everything in the terms of service holds up in court either, and many of the conditions are actually illegal when put to trial.
Pinhead's Avatar - Comment posted on 04/29/2010 08:35
Pinhead
@jase

Being denied access to the PSN service it one thing, but once you stop updating you are also unable to play games released post-update.
fetusmilk's Avatar - Comment posted on 04/29/2010 08:36
fetusmilk
if its such a big deal, keep the linux , dont upgrade and you can still play games on your ps3 you know. just pull out the network cable or disable the wifi.

oh no! no updates. maybe you should sue the developers making theses games and releasing them untested and full of bugs. i remember getting games in other generations that worked that never needed updates. i think this requires a class action law suit. companies providing unfinished and untested products to consumers.

i should be able to play my console games off line with out having to constantly update my games to make them work. they should work out of the box.

bitch bitch bitch. is linux on a ps3 really worth it? wouldnt it be easier or better to just dual boot a pc with linux?
Sean Daisy's Avatar - Comment posted on 04/29/2010 08:39
Sean Daisy
@fetusmilk

You can install game updates without installing the system update.
CRKFIEND's Avatar - Comment posted on 04/29/2010 08:42
CRKFIEND
@Antony 256 Couldn't have said it better myself.
fetusmilk's Avatar - Comment posted on 04/29/2010 08:51
fetusmilk
@captainbus i know,i have a ps3.

i was just saying if you unplug the network cable, you dont have to worry about updates.and can still play games with your ps3 that has linux on it.

but i dont know if the ps3 is like the psp where some games require the newest firmware updates? havnt seen this yet.
MidnightOwl's Avatar - Comment posted on 04/29/2010 09:13
MidnightOwl
Why is everyone conveniently forgetting that Sony didn't just decide to remove the OtherOS option for no good reason? If that wonderful gent GeoHot, and other delightful little chaps like him, didn't find it necessary to be such a dick and hack the PS3 and then release the method to the public, no one would be complaining.

GeoHot: ""Sony may have difficulty patching the exploit"

People who enjoy OtherOS: "Thanks douchbag."
xaliqen's Avatar - Comment posted on 04/29/2010 09:14
xaliqen
I'm glad someone is standing up for consumer's rights on this issue.

I'm still confused why anyone would take Sony's side regarding this clearly anti-consumer move. Then again, I guess some people will defend a company no matter how evil their practices are (see: Apple).
Sean Daisy's Avatar - Comment posted on 04/29/2010 09:19
Sean Daisy
@fetusmilk

But if you don't accept the system update then you can't take your games online, or download anything from PSN.

Sure, you have a PS3 with Linux on it still, but you're still losing features, you're just having different features taken away. Not exactly ideal.
sprldr's Avatar - Comment posted on 04/29/2010 09:22
sprldr
@MidnightOwl

GeoHot is currently working on custom firmware that will allow you to upgrade your PS3 while retaining OtherOS functionality. You should be thanking that charming young lad.
clbsndwch's Avatar - Comment posted on 04/29/2010 09:26
clbsndwch
Sony's decision, whether right or wrong in the eyes of the consumer, was done for one reason and one reason only, to prevent piracy. They will take some lumps over this but they don't want the PS3 to become the next Dreamcast. Remember the Dreamcast? Its believe the system was killed because of the ease of pirating games for it. If I can I'd like to draw an analogy between airline travel and the PS3. There was a time when a person could bring all kinds of things on a plane that didn't have to fit in a 3 oz bottle. Its a serious pain in the ass, but due to a couple of assholes, airline travel has been ruined for the rest of us. The same with the PS3 and many other similar devices. A couple of assholes don't want to pay a few bucks for games, so sony has to take measures to protect itself against piracy, that hurt its legitimate customers. Sony may be in the wrong to take this feature away from their customers, but it was a far better choice than the alternative. And I'm done...
MidnightOwl's Avatar - Comment posted on 04/29/2010 09:32
MidnightOwl
@xaliqen

2006 --- > Jan 21, 2010, PS3 remains unhackable

Jan 22, 2010, George Hotz announces he has hacked the PS3 by way of OtherOS/Linux feature

Jan 26, 2010, GeoHot releases hack to the public

Mar 28, 2010, Sony removes OtherOS/Linux feature

How can this confuse you?
MisterFox's Avatar - Comment posted on 04/29/2010 09:33
MisterFox
@clbsndwch,

I'm asking this because I really have no knowledge on the subject – how is OtherOS supporting piracy? Does it make the system more vulnerable? Or is it too complex to fit in one comment? That would be okay, too. In that case, never mind, I'll research it myself.
MisterFox's Avatar - Comment posted on 04/29/2010 09:35
MisterFox
Yyyyyepp, never mind. I got it.
MidnightOwl's Avatar - Comment posted on 04/29/2010 09:38
MidnightOwl
@sprldr

I'll thank him when it ultimately comes to the point where the only way to turn on your PS3 is through a fingerprint scanner linked to a SONY database of known "good and legitimate consumers".
IonDan's Avatar - Comment posted on 04/29/2010 09:39
IonDan
Meh, I knew this would happen. It's worth noting that Class action lawsuits typically get settled out of court and those involved get discounts towards the companies products. rarely is anything of real monetary value "won".
clbsndwch's Avatar - Comment posted on 04/29/2010 09:39
clbsndwch
@MisterFox
From what I understand (maybe others can give a more in depth answer), sony's OS is pretty solid, but by using linux a hacker can find a back door in and hack the system. This is what GeoHot claims to have done. The short answer is yes, it makes the system more vulnerable.
prev next 50 comments

Comment with Facebook





Click connect and comment instantly!

Comment with Dtoid





New? SIGN UP - it takes 5 seconds

Comments policy

Destructoid is an open discussion community. You don't need to "audition" to post a comment - just speak your mind. We respect differing opinions on the site, so have at it. Be smart, funny, insightful, clueless, or cute -- but back it up with substance. Keep your cool, keep it fun. We only ask that you act respectfully and above all: don't be a troll and ruin it for everyone else. Don't bring down gamers or we'll, you know, gently shoot you in the face and stuff you into a flaming mailbox. Each comment is your opportuntity to make this community awesomer. Is that even a word?

Avoiding the banhammer only requires common sense: spamming, trolling, racism, NSFW stuff, and other forms of sucking will not be tolerated. If anyone is griefing please report abuse. Be good. Don't suck!