PS3 "Other OS" Removal May Violate Norwegian Law

Andy Chalk

One Flag, One Fleet, One Cat
Nov 12, 2002
45,698
1
0
PS3 "Other OS" Removal May Violate Norwegian Law


The Norwegian Consumer Council says Sony's removal of the "Other OS" option in the PlayStation 3 is a clear violation of the country's Marketing Control Act and plans to file an official complaint with the Consumer Ombudsman.

A lot of PS3 owners got a bit of a nasty surprise back in March 2010 when Sony decided to launched lawsuits [http://www.escapistmagazine.com/news/view/99499-Sony-Removes-Other-OS-Option-for-PS3].

But the Norwegian Consumer Council is taking matters a step further. "Sony claims a universal right to change or remove functionality from the gaming console," said Thomas Nortvedt of the Norwegian Consumer Council. "In our opinion this is in clear violation of the Marketing Control Act, and not the least it's a breach of trust between the consumer and Sony."

The council received several complaints about the Other OS removal but Nortvedt said digital services aren't covered by Norway's current consumer laws. As a result, users are at the mercy of license agreements that deprive them of meaningful protection, demonstrating "just how little protection the consumer has in the digital age."

"There needs to be a limit to what constitutes a reasonable change to products we buy. Terms of service that grant the manufacturer full access to literally downgrade the product or limit the functionality are unreasonable and in clear violation of the Marketing Control Act," Nortvedt said. "When a company uses terms like updates or upgrades, it is reasonable to expect a significant improvement of the product and not the risk of being stuck with a lesser product."

This is a case that bears watching. The Norwegian market on its own may not have enough heft to make Sony tremble but it could set a rather unwelcome precedent and inspire other nations to follow in its footsteps. If nothing else, a successful complaint could trigger similar actions from aggrieved consumer groups around the world, causing a legal and PR headache that Sony would probably much rather avoid.

Yet while Norway spearheads this particular battle over digital consumer rights, it remains mired in irrelevance when it comes to lions and tigers. Norway? More like Snoreway [http://www.weebls-stuff.com/songs/kenya/].

Source: Forbrukerrådet [http://forbrukerportalen.no/Artikler/2011/%20PlayStation_3_violates_the_Norwegian_Marketing_Control_Act]


Permalink
 

Arachon

New member
Jun 23, 2008
1,521
0
0
Hey, Go Norway! The removal of otheros was a load of bollocks as far as I'm concerned. We need to demand the right to access our legally bought hardware.
 

Rogun11

New member
Apr 10, 2009
78
0
0
Wasnt the removal of the os thing to combat piracy? Seeing as the ps3 has been cracked i dont think thats a problem anymore.
 

Daemascus

WAAAAAAAAAGHHH!!!!
Mar 6, 2010
792
0
0
Wow, im surprised a goverment us going after sony for this. I hope they dont screw up.
 

Danpascooch

Zombie Specialist
Apr 16, 2009
5,231
0
0
Arachon said:
Hey, Go Norway! The removal of otheros was a load of bollocks as far as I'm concerned. We need to demand the right to access our legally bought hardware.
But you're just licensing it, much like you license your body parts from your parents, and your air from the government of whatever country you're in.
 

Doom972

New member
Dec 25, 2008
2,312
0
0
Did Sony originally market this as a feature?
If it's not a feature but an exploit I can see why they disabled it.
 

aPod

New member
Jan 14, 2010
1,102
0
0
Doom972 said:
Did Sony originally market this as a feature?
If it's not a feature but an exploit I can see why they disabled it.
Yes it was marketed as a feature, and for some people it was their reason for purchasing a PS3.
 

CronosYamato

New member
Apr 17, 2009
47
0
0
I bought the PS3 after this whole other OS thing, but When i found out about it, I was a little angry. To be honest, I probably wouldn't have used the feature, but the fact that other people did, and quite a few of them as well, made me feel like they shouldn't have the right to remove the feature completely. A firmware update could have easily sealed the supposed hack, if they had spent a little more time. And besides, if a hacker REALLY wants to get through your protection, be it your OS or some DMR, they will. You can't stop them on a limited budget. Sony lost a lot of PR, and this case just opens the old wounds. Have fun with another PR drop Sony, not that you care all that much.
 

GrammarLad

New member
Oct 4, 2010
36
0
0
Seriously? Who the hell cares anymore? if you want a computer, get a computer. If you want to play games get a ps3.

Simple, no?
 

CronosYamato

New member
Apr 17, 2009
47
0
0
danpascooch said:
Arachon said:
Hey, Go Norway! The removal of otheros was a load of bollocks as far as I'm concerned. We need to demand the right to access our legally bought hardware.
But you're just licensing it, much like you license your body parts from your parents, and your air from the government of whatever country you're in.
\

Exactly. You agreed to license the limbs by being born, and agree to license the air every time you breath. Just like when you buy a PS3, you agree to the terms that you don't know about until after you buy it. (I realize that you can read the terms online, but be honest, who is actually going to go out of their way to not only read, but understand the legal jargon?
 

Atmos Duality

New member
Mar 3, 2010
8,473
0
0
Good play by Norway.

+1 for common-fucking-sense. How rarely do I see thee today.
If we permit the current precedent to continue, we are only allowing ourselves to be abused further down the line.
 

Calcium

New member
Dec 30, 2010
529
0
0
Applause for the Weebls-Stuff reference.

Surely though these complaints, coming almost a year after it was removed shan't come to much... Unfortunately.
 

Musiclly enhanced

New member
Sep 8, 2010
150
0
0
Rogun11 said:
Wasnt the removal of the os thing to combat piracy? Seeing as the ps3 has been cracked i dont think thats a problem anymore.
yes it was but the piracy started becuase some one tried to start making pirate games and so people have been hacking the hell since the removal of the otherOS
 

awesomeClaw

New member
Aug 17, 2009
1,831
0
0
Yes! Go my Scandinavian brother! Show Sony the errors of their ways!

Now if only my own country(Sweden) had the balls to go against this bullshit...
 

Dogstile

New member
Jan 17, 2009
5,093
0
0
GrammarLad said:
Seriously? Who the hell cares anymore? if you want a computer, get a computer. If you want to play games get a ps3.

Simple, no?
It's a matter of principle. It's like selling someone a car then coming around and removing the windscreen.
 

Sovereignty

New member
Jan 25, 2010
584
0
0
Is the OS that important? I mean I am all for fighting this simply because you should have the right to use a feature that was apart of the system before (Especially seeing as I'm sure someone somewhere bought it for that reason.)


But are the benefits of having linux on a PS3 that great? And when I say great I mean pirating aside?
 

Marsell

New member
Nov 20, 2008
824
0
0
This is the kind of thing that drives people to pirates and hackers in the first place.