PS3 "Other OS" Removal Case Thrown Out by Judge

[bridgerbot]

I think it's funny because Sony did change the EULA about class action lawsuites.....so that means they can change it to "We can brick your system" and it would then be legal?

No, don't be so fucking stupid. That amounts to actual removal of all features, which unless you've done something illegal, they have no legal right to do.


And I'll continue to raise this point... How many of you who are complaining, or did complain, about Other OS being removed... How many of you legitimately bought a PS3 for nothing but that function? How many of you actually installed Linux, and booted into it, as opposed to the PS3 OS?

I actually had Linux installed and used it along WITH the PS3 OS. Depending on what I wanted to do, I used either Linux or the PS3 OS. I would not have paid $500 for my PS3 in 2008 if it did not have that option.

The previous poster wasn't being stupid, the way the EULA is written, Sony can brick your console and there is no consumer recourse for it. I seriously overpaid for my PS3, as it now can't do everything that I bought it for. Sony made sales they would not have made if that console wasn't Linux capable.

 

[Necrofudge]

A dick move on Sony's part, but they are completely in the right here.

Honestly, they could do whatever they want and enough idiots would still buy their products that it wouldn't matter.

Unless society agrees boycott Sony's stuff (which will never ever happen), nothing will change.

 

[BoredRolePlayer]

I think it's funny because Sony did change the EULA about class action lawsuites.....so that means they can change it to "We can brick your system" and it would then be legal?

Only in the US. Any decent consumer law outside the US contains conditions that you can't deviate from the laws to the detriment of the consumer.
In the Netherlands for instance such a one-sided changing of the terms would be a legal reason to disband your purchase and return the PS3 and all games to the store for a full obligatory refund. Dutch law states the consumer doesn't have to accept a one-sided change of terms and conditions, and can disband the contract or agreement as a means of disagreeing.

Then again, just about any software EULA these days contains illegal terms and conditions which are therefore null and void. Such as the standard condition that any damages done to your stuff by the seller can't be refunded, except for a token $ 5. That condition contradicts law, and is thus void.

Interesting, I just don't like the line of thinking the judge had knowing sony changed the EULA also...

 

[DiMono]

You need to read EULAs before agreeing to them. Just because you don't like what they're doing doesn't make what they're doing illegal.

 

[mxfox408]

That's why pc gaming owns all...consoles and pos EULA are what passes people off.

 

[BoredRolePlayer]

You need t read EULAs before agreeing to them. Just because you don't like what they're doing doesn't make what they're doing illegal.

That's fine and all, but a lot of software doesn't give you the EULA till after you opened and tried to install the software, and at that point it's hard to get a refund if the store is doing a pain.

That's why pc gaming owns all...consoles and pos EULA are what passes people off.

...um pc games has EULAs also, just only Sony decided to be a dick about it also. But yeah go play a MMORPG and read it's terms and agreement and it will have something in there about ending the service without giving notice. That's a EULA and their are a lot on the PC my friend. Please don't go grabbing straw's to voice why your gaming system of choice is better, it makes you look like a child.

 

[mxfox408]

You need t read EULAs before agreeing to them. Just because you don't like what they're doing doesn't make what they're doing illegal.

That's fine and all, but a lot of software doesn't give you the EULA till after you opened and tried to install the software, and at that point it's hard to get a refund if the store is doing a pain.

That's why pc gaming owns all...consoles and pos EULA are what passes people off.

...um pc games has EULAs also, just only Sony decided to be a dick about it also. But yeah go play a MMORPG and read it's terms and agreement and it will have something in there about ending the service without giving notice. That's a EULA and their are a lot on the PC my friend. Please don't go grabbing straw's to voice why your gaming system of choice is better, it makes you look like a child.

Ok genius I was referring to the EULA's that would pretty much render a system useless, not just that of an mmo, its not the same thing as Sony limiting a device to a point of being useless without agreeing to their EULA. If I violate an mmo EULA it won't keep me from using my device how I see fit like the consoles do.

 

[DiMono]

You need to read EULAs before agreeing to them. Just because you don't like what they're doing doesn't make what they're doing illegal.

That's fine and all, but a lot of software doesn't give you the EULA till after you opened and tried to install the software, and at that point it's hard to get a refund if the store is doing a pain.

You misinterpreted me, which is my fault for not explaining further: my point isn't that you shouldn't buy it if you don't agree with the EULA; you'll never find a boxed game that prints the EULA out for you to read before installing it. My point is that if the developer does something that the EULA says they can do, you don't have any right to ***** about it. Reading EULAs is important so that you know what they can do and what they can't, in order not to take impotent offence with something they've done that you happen not to agree with.

 

[kurupt87]

Sorry guys, if sony wants, they can just brick your ps3 when the ps4 comes out so you have no choice but to get a new one

Actually, that would be intentional disablement of functionality.

Where do you draw the line? Sony can argue that the true functionality of the PS3 is as a BluRay player with internet access, and so disable the ability to play games. That is no different to what they've done here, simply take away a feature.

As long as the system has a feature then this case gives them the legal backing to change it however they see fit.

... you can accept the legally-binding EULA and waive your right to use OtherOS, and use it as, you know, a REGULAR PS3.

You realise that a "regular" PS3 should come with the OtherOS option, right? It was a feature that came with the orignal system. A modified PS3 doesn't have the OtherOS option.

 

[maxmanrules]

It's shit like this, Sony...

Does this apply to Europe too or would that be a separate legal case?

Laws are different in Europe (and quite a lot less fucked up) I do know that European courts take a dim view of EULA's.
Also I'm fairly sure I could take them to the disputes tribunal in New Zealand.
The legal side of things in America is very skewed for the entertainment industry. Here's looking at you SOPA and PIPA.

 

[BoredRolePlayer]

You need t read EULAs before agreeing to them. Just because you don't like what they're doing doesn't make what they're doing illegal.

That's fine and all, but a lot of software doesn't give you the EULA till after you opened and tried to install the software, and at that point it's hard to get a refund if the store is doing a pain.

That's why pc gaming owns all...consoles and pos EULA are what passes people off.

...um pc games has EULAs also, just only Sony decided to be a dick about it also. But yeah go play a MMORPG and read it's terms and agreement and it will have something in there about ending the service without giving notice. That's a EULA and their are a lot on the PC my friend. Please don't go grabbing straw's to voice why your gaming system of choice is better, it makes you look like a child.

Ok genius I was referring to the EULA's that would pretty much render a system useless, not just that of an mmo, its not the same thing as Sony limiting a device to a point of being useless without agreeing to their EULA. If I violate an mmo EULA it won't keep me from using my device how I see fit like the consoles do.

Well you should have been more clear, all I heard is the wanking of a PC gaming trying to squeeze in his love for PC gaming and why he thinks it's better in a topic about companies pulling BS moves with EULA. Just remember if Microsoft changes their EULA for Windows which pretty much made it see you can only run programs they approve of you lost a lot of functionality also (But that would be a retarted move, but hey I keep getting surprised by companies everyday). PC gaming is not a safe haven like you want it to be.

 

[BoredRolePlayer]

You need to read EULAs before agreeing to them. Just because you don't like what they're doing doesn't make what they're doing illegal.

That's fine and all, but a lot of software doesn't give you the EULA till after you opened and tried to install the software, and at that point it's hard to get a refund if the store is doing a pain.

You misinterpreted me, which is my fault for not explaining further: my point isn't that you shouldn't buy it if you don't agree with the EULA; you'll never find a boxed game that prints the EULA out for you to read before installing it. My point is that if the developer does something that the EULA says they can do, you don't have any right to ***** about it. Reading EULAs is important so that you know what they can do and what they can't, in order not to take impotent offence with something they've done that you happen not to agree with.

Ok I understand that but wouldn't you still be out the money you spent if you don't agree with the EULA after opening it. A big complaint about them in general is you can't read them before breaking the seal on the package.

 

[DiMono]

Ok I understand that but wouldn't you still be out the money you spent if you don't agree with the EULA after opening it. A big complaint about them in general is you can't read them before breaking the seal on the package.

Granted, but insofar as the Sony firmware update is concerned, that complaint is irrelevant.

 

[bridgerbot]

You need to read EULAs before agreeing to them. Just because you don't like what they're doing doesn't make what they're doing illegal.

Actually there have been plenty of EULAs that went to court and the company lost. It is up to the consumer to dispute illegal EULAs. I would have said the removal of OtherOS was illegal reguardless of EULA. The Norway court system agreed with me, Sony lost this case there. The United States court system sided with Sony.