Sony Sued Again For Removing PS3 Linux Feature

[Ylon]

http://uk.ps3.ign.com/articles/108/1088481p1.html


Let's talk about it.

[Bölvaður]

ok let us see...

I like that they will stand up for them selves when sony took away a feature they really wanted.

but then again we dont want do discourage sony to allow us to install our favourite os on their gaming system

[sdowney717]

pain and suffering, emotional angst, lost sleep, deprivations of expectations. Sony should have to pay 5 times what these consoles are worth to the aggrieved owners.

[newbie2]

Air Force may suffer collateral damage from PS3 firmware update :
http://arstechnica.com/gaming/news/2010/05/how-removing-ps3-linux-hurts-the-air-force.ars
:rolleyes:

[McRat]

Sony's best solution:

"Greetings Sony Customers, we have finished improving our PSIII software so that it will run the popular Linux operating system and still maintain the high standards of security that Playstation is known for.

The download will be available through Playstation Update effective immediately. Thank you for your patience."

[BrokenKingpin]

I don't see how they can remove such a big feature after it has been released. People could have bought the system for that purpose, so it is not fair for them to take it away.

[McRat]

Lawyers and Fair are often opposites.

You normally buy lawyers so things aren't fair.

But there is a big question here, and will it go to the Supreme Court?

"Can you sell a product with a feature list, then remove a feature without giving the buyer something in exchange?"

Sony's "Well, if you DON'T update, we will cripple the other functions" contract isn't giving the owner anything they didn't have before.

A contract must have some benefit to both parties or it's not a contract. The Sony Update contract isn't really a contract.

[GarmaZed]

Air Force may suffer collateral damage from PS3 firmware update :
http://arstechnica.com/gaming/news/2010/05/how-removing-ps3-linux-hurts-the-air-force.ars
:rolleyes:

Yeah, I just read about that this morning. With the Air Force putting down major $$$$, and then losing PS3's as they break and fail, and later replaced... that ticks me off enough to not buy a Sony console again. >:(

I hope the USAF gets on that with a banhammer!

[mickie.kext]

I always thought consoles are stupid and pointless. Then one console which is less stupid than the rest came out... then they made it equal again.

I am glad Sony got sued for that. They basically screwed bunch of customers with classic bait and switch. I at one point thought about buying PS3 (only because of Linux), but gave up because it has just 256MB. I am glad I didn't burned money for nothing.

[KiwiNZ]

The Sony PS3 EULA would seem to have it covered....

"From time to time, SCE may provide updates, upgrades or services to your PS3™ system to ensure it is functioning properly in accordance with SCE guidelines or provide you with new offerings.

Some services may be provided automatically without notice when you are online, and others may be available to you through SCE’s online network or authorized channels. Without limitation, services may include the provision of the latest update or download of new release that may include security patches, new technology or revised settings and features which may prevent access to unauthorized or pirated content, or use of unauthorized hardware or software in connection with the PS3™ system.

Additionally, you may not be able to view your own content if it includes or displays content that is protected by authentication technology. Some services may change your current settings, cause a loss of data or content, or cause some loss of functionality. It is recommended that you regularly back up any data on the hard disk that is of a type that can be backed up."

[mister_playboy]

The Sony PS3 EULA would seem to have it covered....

Assuming EULAs hold any weight in your jurisdiction.

[McRat]

The Sony PS3 EULA would seem to have it covered....

"From time to time, SCE may provide updates, upgrades or services to your PS3™ system to ensure it is functioning properly in accordance with SCE guidelines or provide you with new offerings.

Some services may be provided automatically without notice when you are online, and others may be available to you through SCE’s online network or authorized channels. Without limitation, services may include the provision of the latest update or download of new release that may include security patches, new technology or revised settings and features which may prevent access to unauthorized or pirated content, or use of unauthorized hardware or software in connection with the PS3™ system.

Additionally, you may not be able to view your own content if it includes or displays content that is protected by authentication technology. Some services may change your current settings, cause a loss of data or content, or cause some loss of functionality. It is recommended that you regularly back up any data on the hard disk that is of a type that can be backed up."

Not sure that would cover it. Keep looking.

That does not say, they can remove features. It says they can modify, improve, or add features. You would also have a case against them if they removed internet access. Sure, they could argue it was a security update, but the removal of advertised usage for the device is probably not going to fly UNLESS there is a new contract that compensates the buyer.

If I have a contract with you, I can't just say: "Here is the new contract. No, the old one did not expire, I just want to reduce the value of your assets. If you don't sign it, I will reduce the value even more."

While not legally extortion, it's certainly not a binding contract in most countries.

What is confusing is the whole retroactive/digital format thingy. Software has always been different than other consumer goods. But Sony advertised it as a machine, not a program. So as a product, it's like any other:

2007 Walkaknobbie SUV seats 8 and tows 4,000 lb.

---- Press release -----

If you own a 2007 Walkaknobbie, please bring it in for a service. It is not a safety recall.

"What's the deal?"

"Here sign this."

"What is it?"

"You will agree not to tow with your Walkaknobbie. Seems it makes the engine wear too fast, and it increased our costs."

"I don't want to sign that. I don't tow with it, but it's worth more $$$ with tow capacity. If I sign that, I lose 20% resale."

"If you don't sign that, we will pull out the backseat so it seats 5. That will reduce wear also."


Can you see why contracts like that aren't permitted? It's a "You Lose" contract, and not allowed.

[alexfish]

The Sony PS3 EULA would seem to have it covered....

"From time to time, SCE may provide updates, upgrades or services to your PS3™ system to ensure it is functioning properly in accordance with SCE guidelines or provide you with new offerings.

Some services may be provided automatically without notice when you are online, and others may be available to you through SCE’s online network or authorized channels. Without limitation, services may include the provision of the latest update or download of new release that may include security patches, new technology or revised settings and features which may prevent access to unauthorized or pirated content, or use of unauthorized hardware or software in connection with the PS3™ system.

Additionally, you may not be able to view your own content if it includes or displays content that is protected by authentication technology. Some services may change your current settings, cause a loss of data or content, or cause some loss of functionality. It is recommended that you regularly back up any data on the hard disk that is of a type that can be backed up."

are you referring to to the the updated eula or the original , and also by statement of linux was allowed on the system

[KiwiNZ]

@ Mcrat

"Additionally, you may not be able to view your own content if it includes or displays content that is protected by authentication technology. Some services may change your current settings, cause a loss of data or content, or cause some loss of functionality."

But really I don't care , I only posted it for reference . Linux on PS3 was a complete waste of time and effort. Once on ...what next ... I know ...Delete. I would imagine Sony researched the usage of the feature against the security hole posed.

[KiwiNZ]

Assuming EULAs hold any weight in your jurisdiction.

Yes they do , they are contracts not covenants and therefore assumed by equal powers. However, Statutes over ride any clauses therein.

[pwnst*r]

Sad that people don't care to read them, then cry like babies once something doesn't go their way.

[McRat]

@ Mcrat

"Additionally, you may not be able to view your own content if it includes or displays content that is protected by authentication technology. Some services may change your current settings, cause a loss of data or content, or cause some loss of functionality."

But really I don't care , I only posted it for reference . Linux on PS3 was a complete waste of time and effort. Once on ...what next ... I know ...Delete. I would imagine Sony researched the usage of the feature against the security hole posed.

Linux on PS3 is only an innocent bystander. Retroactive removal of advertised features due to potential reduction of profits is the bigger issue.

Seems it's fairly new. IIRC, Apple had tethering apps for the iPhone in NA at first, then removed them at the request of AT&T to reduce AT&T's costs. But my memory could be foggy.

Now it's PS3. Is this going to be a trend?

Devil's Advocate: Sell a product with a really great feature set. Then disable features for "security", then offer a $100 upgrade to that includes your old features back.

It's how dope dealers work. Give a taste at discount, then when you get them hooked, squeeze them.

If it's held up to be a legal way to run a business, expect more companies to follow suit.