Sony Settlement Gives PS3 Owners $9 After Company Made Console Less Useful Via Firmware Update
from the just-renting dept
We've noted countless times how in the modern computing era, you don't really own what you think you own. You don't really own the music or books that can arbitrarily disappear on your devices, and you no longer really own a wide variety of hardware that can be dramatically changed (often for the worse) via firmware update months or years after purchase. If you're extra lucky, you'll shell out $300 for a piece of hardware that one year later simply won't work at all. With intelligent automobiles and the rise of the internet-of-not-so-smart things, that's more true now than ever.Case in point: back in 2010 we noted how Sony issued several firmware updates for its Playstation 3 gaming console that effectively made the console less useful. One specifically (PS3 software update 3.21) removed the console owner's ability to load alternative operating systems like Linux. But tinkerers being tinkerers, some users found ways to use the feature to expand the console's functionality in all kinds of creative ways. Fearing a loss of control and potential spike in piracy, Sony decided to make the console significantly less useful.
Sony was ultimately sued via class action for the decision. After six years of litigation, Sony has agreed to settle the dispute by doling out a whopping $9 to each console owner that bought a PS3 based on Sony's promises to provide "Other OS" functionality, and $55 to each PS3 user that managed to get Linux running on the console. Like most class actions it's the attorneys who'll reap the most benefits, Sony doling out $2.25 million in attorneys' fees for the lawyers who brought suit (though it's worth noting even this wouldn't be possible today thanks to TOS mouse print banning class actions and requiring binding arbitration).
Sony's lawyers at several points tried to claim that the update was "voluntary," refusing to acknowledge that users that refused to install the firmware couldn't actually use it for much of anything:
"...Sony said the update was voluntary. However, without updating, console owners couldn't connect to the PlayStation Network, play any games online, play any games or Blu-ray movies that required the new firmware, play any files kept on a media server, or download any future updates. Before the settlement, Sony argued that its terms of service allowed it to remove the Other OS feature and that the functionality wasn't that big of a deal for most console owners."Part of the settlement requires that PS3 owners show "some proof of their use of the Other OS functionality" -- which after six years may not be all that easy for impacted users. While it's nice to see PS3 owners get a little something after six years of litigation, the overall trend in technology remains one where consumers can't tinker with the hardware they "own," can't be sure the hardware will adhere to day one marketing promises, have no guarantees that the gear will even work even one year down the line, and can't sue if what they own is intentionally downgraded or crippled by the manufacturer. Progress!
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Filed Under: class action, firmware, linux, playstation 3, ps3, settlement
Companies: sony
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This is why this crap will keep happening. Even the successful court cases leave the bad actors in profit. It's also why other activity will take place (such as the Sony hacks that happened in response to this move), as it's only that kind of thing that appears to get the corporations to take any notice.
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And now, anyone in the market for a console and considering Sony as an option will be able to note this ill-will towards the company and decide accordingly.
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The reason to claim the small award isn't so much about compensating you (even though it should be), it's to punish Sony.
If nobody claims their $9, Sony pays nothing. If a million people all claim the $9, that's $9 million that Sony has to pay out.
Of course the idea is that having to pay out all that money is supposed to make the company afraid of such judgements in the future, so maybe they'll think twice before doing things that will get them sued. Unfortunately, thanks to the idiots on the supreme court (it no longer deserves to be capitalized), Sony can shield themselves from any future lawsuits.
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Re: Re: filling out the paperwork for $9.
In class-action cases like this, the court should turn the award into a sort of lottery.
Instead of paying $9 to everyone, the court should chose 1 in 1000 litigants at random, and pay them $9000 each.
This would waste a whole lot less time for everyone.
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You can keep your 9$. Sony scammed me, lesson learned.
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Pirate everything. At least you won't be scammed by them.
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The lesson is just don't buy your hardware from Sony
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This is going to be one of those cases where the payments to CUSTOMERS will be tiny as no one will be able to claim anything. I can't prove I even own the thing, much less that I ran Xubuntu on it.
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Why isn't the FTC going after these guys for false advertising?
Maybe we can start a class action suit against the movie studios? We might get $9 each (maybe)!
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You forgot the bit about them "updating" the EULA and if you don't agree to the update, you get locked out of all online stuff. If you are lucky.
I swear the EULA writers have watched "The Four Yorkshiremen" one time too often.
I sure hope that we'll be able to say one day "but you try to tell the young people of today that, they won't believe you." I just fear that it will be because they have it worse.
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So, at $55 per unit, they'd owe $96,800.
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"Like most class actions it's the attorneys who'll reap the most benefits, Sony doling out $2.25 million in attorneys' fees for the lawyers who brought suit..."
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Thanks - I needed to remember this
(Unfortunately, that leaves.... well, I guess we get to save some money.)
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Re: Thanks - I needed to remember this
Not that I would run Windows 10. I have Windows 7 x64, and ONLY for gaming. I run Xubuntu 16.04 LTS for everything else.
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If you bought a Sony product...
But then again, as we all know: gamers are stupid. Gamers will continue handing over money to the companies that abuse them no matter WHAT they do. Sony could release a gaming console that kills 10% of its users and gamers would line up at midnight on the release day to buy it.
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Re: If you bought a Sony product...
This statement implies that you are stupid, but what do I know ... you could be Albert Fucking Einstein, but probably not.
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Cost of doing business
CEO: Can we turn off the "choose an OS" feature?
Mitigation: Let's run the numbers... okay, if someone brings a class-action suit, it may cost around $2.5 million. We might have to pay the customers an amount also.
CEO: And how much is that?
Mitigation: Let's estimate it at $9 per person, which could be up to $9 million
CEO: Hmm... compared to our billions in revenue each year? Okay, let's do it and claim this as a cost of doing business.
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Another consideration is simply that it isn't cost effective to do so. $9 is less than 1 hour of minimum wage work, $55 is less than 6 hours. In many cases it will simply not be worth the time to gather convincing evidence of something you can no longer do....
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Payout
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