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!

Filed Under: class action, firmware, linux, playstation 3, ps3, settlement
Companies: sony

PS3 Owner Given Refund After Sony Makes PS3 Less Useful

from the what-you-thought-you-bought-is-not-what-you-now-own dept

We recently discussed how Sony has decided to eliminate some rather useful functionality from their Playstation 3 -- specifically the ability to run other operating systems like Linux. This annoyed a number of PS3 owners, given that thanks to a Sony "update," the product they thought they purchased is not the product currently sitting in their living room. Sony is obviously interested in keeping their hardware locked down as part of an attempt to retain control in their fight against pirates (and apparently hobbyists). But if the console you bought suddenly does less, are you due a refund? One UK PS3 owner apparently thought so, and was able to use a law created in 2002 to get Amazon to refund about 20% of his original purchase price. The law in question specifically applies to retailers not manufacturers, and requires that goods:

• comply with the description given by the seller and posses the same qualities and characteristics as other similar goods.
• be fit for the purpose which the consumer requires them and which was made known to the seller at the time of purchase.

Given that Sony "made it known to the seller at the time of purchase" that the PS3 would be able to run other operating systems, Amazon ponied up the refund -- without the user having to return the unit. Of course the refund will be kicked up to Sony, who isn't going to want a significant chunk of the UK suddenly demanding their money back. So the question then becomes whether Sony backs down and re-instates a feature many of their customers found useful, or just points to their user agreement. Said agreement claims Sony has the legal authority to do whatever the hell they'd like if the changes are applied in order to "prevent access to unauthorized or pirated content."

Less broad consumer protection laws in the States means users here probably won't see refunds, but you may see your obligatory dollar or two should Sony's decision result in a class action lawsuit.

Filed Under: playstation 3, refunds
Companies: amazon, sony