Seven days ago I reported an update regarding the class action law suite regarding the removal of OtherOS here. Recent news has come to my attention that the case has been dismissed leaving those who wanted the feature back on newer firmware at a loss. I’m sure many will agree that this comes as no surprise. Below a snippet from the court document.

To Quote:

Additionally, plaintiffs acknowledge that installation of Firmware Update 3.21 was entirely at the discretion of the user; indeed they have proposed separate subclasses for those who did chose to download it and those who did not. The choice may have been a difficult one for those who valued both the Other OS feature and access to the PSN, but it was still a choice.

Under these circumstances, it cannot be said that Sony “unilaterally took away a fundamental feature of a product after that product [was] sold to a consumer.” Rather, Sony unilaterally imposed a requirement that PS3 owners who wanted continued access to the PSN service would have to allow the Other OS feature in their machines to be disabled. As a consequence, for Sony’s conduct to have been in any manner wrongful, it is not enough for plaintiffs to show that they have a right to expect continued availability of the Other OS feature beyond the warranty period, but also a right to continued access to the PSN.

The dismay and frustration at least some PS3 owners likely experienced when Sony made the decision to limit access to the PSN service to those who were willing to disable the Other OS feature on their machines was no doubt genuine and understandable. As a matter of providing customer satisfaction and building loyalty, it may have been questionable. As a legal matter, however, plaintiffs have failed to allege facts or to articulate a theory on which Sony may be held liable. The motion to dismiss is granted, without leave to amend. The motion to strike is denied as moot. A separate judgment will issue.

The full document can be downloaded below.

Download: OtherOS Final Judgement.pdf



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