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[ars] Judge dismisses "Other OS" class-action suit against Sony

post #1 of 9
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The problem is that the plaintiffs could not prove that they were entitled to an ongoing relationship with Sony after the date of purchase, and they had the option of turning down the update and continuing their use of their Linux installations. "As a legal matter... plaintiffs have failed to allege facts or articulate a theory on which Sony may be held liable," Judge Seeborg wrote.

http://arstechnica.com/gaming/news/2011/12/judge-dismisses-other-os-class-action-suit-against-sony.ars
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post #2 of 9
I'm fine with this. People need to get over their entitlement issues, and I agree with the conclusions made in the ruling.
    
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post #3 of 9
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Originally Posted by guyladouche View Post

I'm fine with this. People need to get over their entitlement issues, and I agree with the conclusions made in the ruling.

GAPS!!! that like saying PC users are not entitled to have dedicated servers. But it's true. These "standards" that PC gamers feel that they are entitled to just like on any other platform is not a right. It's a privilege just like driving. If developer decides to take support out for something they have every right to do so. And the judge is right, members had the option to not download the patch. The only thing is if you downloaded the patch, you wouldn't be able to play online. So its actually more of what's more important to you. Having a second OS on your PS3 or playing online?

True sony advertised the Original PS3 as being able to do linux. But the terms of agreement says they can make the change to the software when ever they want. You may own the equipment, but you don't own sony's firmware that comes with it. You are by law allowed to make changes to the software, but you void your warranty.

Now comes the argument well what if you installed the update and didn't realize that it would take it away? Well in that case there is no one to blame but you because the updates from what i've seen give you a change log before you agree to the updates, and also that information is on the ps3 website.
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post #4 of 9
Quote:
Originally Posted by matty0610 View Post

GAPS!!! that like saying PC users are not entitled to have dedicated servers. But it's true. These "standards" that PC gamers feel that they are entitled to just like on any other platform is not a right. It's a privilege just like driving. If developer decides to take support out for something they have every right to do so. And the judge is right, members had the option to not download the patch. The only thing is if you downloaded the patch, you wouldn't be able to play online. So its actually more of what's more important to you. Having a second OS on your PS3 or playing online?
True sony advertised the Original PS3 as being able to do linux. But the terms of agreement says they can make the change to the software when ever they want. You may own the equipment, but you don't own sony's firmware that comes with it. You are by law allowed to make changes to the software, but you void your warranty.
Now comes the argument well what if you installed the update and didn't realize that it would take it away? Well in that case there is no one to blame but you because the updates from what i've seen give you a change log before you agree to the updates, and also that information is on the ps3 website.

Fine by me, but for new games, you have to have the latest firmware. Therefore, you are forced to agree an agreement in which you don't agree or find other means to play it.
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post #5 of 9
Quote:
The problem is that the plaintiffs could not prove that they were entitled to an ongoing relationship with Sony after the date of purchase

You'd think buying first party titles that will only play on the device with updated firmware would count as a ongoing relationship.
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post #6 of 9
Quote:
Originally Posted by Nugu View Post

Quote:
The problem is that the plaintiffs could not prove that they were entitled to an ongoing relationship with Sony after the date of purchase
You'd think buying first party titles that will only play on the device with updated firmware would count as a ongoing relationship.

No it doesn't because you're not forced to buy new games. It might suck but that's the nature of the business.

If anything, they should try to make a case for "bait and switch". If they bought the system because Sony advertised that you're able to install other OS's and used it as a selling point, but then took it away, then they would have a stronger case.
post #7 of 9
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Originally Posted by CAHOP240 View Post

No it doesn't because you're not forced to buy new games. It might suck but that's the nature of the business.
If anything, they should try to make a case for "bait and switch". If they bought the system because Sony advertised that you're able to install other OS's and used it as a selling point, but then took it away, then they would have a stronger case.

Even then there is still the EULA saying that they can change the software when ever they want to what ever they. While EULA is not legally binding or law, you agreed to it. And most likely the EULA will have a better chance of winning because its an agreement to you and the company unless it is breaking the law. And as with every EULA you have the option to decline.

As for the false advertisement claim. Thats a bit more tricky. If sony advertised other OS instal AFTER they took it out, then yes its false advertising. But if they stopped saying that they will offer other OS before they did they update, then its not false advertising since they no longer claimed they did. And they did do a press release stating they would remove it on patch x.x.x with ample time to let the end user know that it was being taken out.

But like you said they might and thats a big might, be able to get them with the bait and switch. But EULA comes into effect which again does warn the customer that they have the right to change the firmware.
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post #8 of 9
Quote:
Originally Posted by CAHOP240 View Post

Quote:
Originally Posted by Nugu View Post

Quote:
The problem is that the plaintiffs could not prove that they were entitled to an ongoing relationship with Sony after the date of purchase
You'd think buying first party titles that will only play on the device with updated firmware would count as a ongoing relationship.

No it doesn't because you're not forced to buy new games. It might suck but that's the nature of the business.

If anything, they should try to make a case for "bait and switch". If they bought the system because Sony advertised that you're able to install other OS's and used it as a selling point, but then took it away, then they would have a stronger case.

They did try that and it flopped just as miserably, because it was never a feature actually used in any advertising.

Inb4 "it does everything" people chime in.

People simply don't understand the whole purpose of closed source software and software protection rights. I found this post by someone online that makes a pretty good point on the matter, responding to someone stating that they never agreed to any terms verbally nor by signature.
Quote:
It is agreed upon when you purchase the system.

Let me ask you this. When you are born, you are subject to the world we live in where there are rules and regulations to follow. You don't have to fbombing sign a contract concerning the law. You obey it. That's it. You break the law, you're fbombed.

Discretion: this topic has some cursing in its posts.
http://forums.gametrailers.com/thread/show-me-a-commerical-of-sony-a/1198424
Edited by Stealth Pyros - 12/15/11 at 8:30am
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post #9 of 9
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Originally Posted by Stealth Pyros View Post

They did try that and it flopped just as miserably, because it was never a feature actually used in any advertising.
Inb4 "it does everything" people chime in.
People simply don't understand the whole purpose of closed source software and software protection rights. I found this post by someone online that makes a pretty good point on the matter, responding to someone stating that they never agreed to any terms verbally nor by signature.
Discretion: this topic has some cursing in its posts.
http://forums.gametrailers.com/thread/show-me-a-commerical-of-sony-a/1198424

If you read further in the thread. Sony actually never advertised it on the box with the pictures they posted as well. It also says on the box that disgn and software is subject to change without notice. And on top of that, there is a manual in the box that lays out the EULA/TOS that it says on the box you should read the documentation first before using. If you choose to ignore that, then its your fault.

And they brought up a good point. If you claimed you never accepted an TOS/EULA then you never logged into to PSN in order to do the update there for you would've never lost the feature to begin with.
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