PlayStation 3 'Other OS' lawsuit dismissed

By Alice O'Connor, Dec 13, 2011 1:15pm PST

Twenty months after Sony disabled the PlayStation 3's 'Other OS' feature, which allowed users to install and run Linux, a US federal court has dismissed the class action suit filed against Sony in protest. The judge dismissed all but one of the suit's claims earlier this year. Although the class had time to amend the suit, a judge ruled that the class has still failed to show "wrongdoing" by Sony.

The lawsuit was originally filed in April 2010, shortly after Sony released a firmware update disabling Other OS on all PlayStation 3s. Users were given the choice to either install it and lose Other OS, or go without, and be unable to use the PlayStation Network.

The lawsuit (via Gamasutra) accused Sony of an "unfair and deceptive business practice," leveling claims against it from "breach of contract" to "unjust enrichment." Naturally, it sought money from Sony, both in damages and refunds.

However, in February 2011, Judge Richard Seeborg dismissed all but one of these claims. Seeborg did permit the claim that Sony "intentionally caused damage without authorization, to a protected computer," saying himself that Sony had not "conclusively established" that the PS3's license allowed it to disable Other OS, or that downloading the update was authorizing the removal.

The plaintiffs were allowed time to amend the suit but, after that, Seeborg approved Sony's motion to dismiss it. He ruled that they couldn't prove they had a right to expect Other OS support beyond the warranty period, or continued access to PSN, the Courthouse News Service explains.

"As a matter of providing customer satisfaction and building loyalty, it may have been questionable," Judge Seeborg wrote. "As a legal matter, however, plaintiffs have failed to allege facts or articulate a theory on which Sony may be held liable."

Click here to comment...

Comments

1 Thread | 18 Comments