Citing the language in the PlayStation 3 warranty, System Software License Agreement, and the PSN Terms of Service, Sony explains that you actually don't own the software on your PlayStation 3.
These contracts specifically provide PS3 purchasers with a license, not an ownership interest, in the software and in the use of the PSN, and provide that SCEA has the right to disable or alter software features or terminate or limit access to the PSN, including by issuing firmware updates. Plaintiffs therefore cannot succeed in any of their claims because SCEA's alleged alteration/disablement of PS3 features including the Other OS, was entirely proper and authorized.
This line of thinking was recently upheld by the Ninth Circuit court in a case between a man who attempted to re-sell four copies of AutoDesk's AutoCAD software. Autodesk argued that the software was licensed by the original buyer and that buyer does not have the right to sell it without AutoDesk's permission.
Sony also claims that none of the major marketing materials focused on the Other OS functionality and claims that most people either were not aware of the functionality or did not purchase the console to use Other OS. The United States Air Force might disagree, however, as the branch had been using PS3 consoles for cluster-based computing in research projects.
A judge will hear both sides of the case on November 4. "We plan on vigorously opposing these motions and we hope to have them decided in November," a representative of plaintiffs told IGN. "In the meantime, we have requested that Sony turn over its internal documents about why the 'Other OS' feature was removed and we look forward to reviewing those materials."