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PS3 Owner Gets $100 Rebate for Losing Linux

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April 9, 2010 3:27:20 PM

Anyone got a link to that law data? :p 
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18
April 9, 2010 3:28:41 PM

I wonder if this would apply in the USA? Is Sony reimbursing Amazon for these refunds?
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April 9, 2010 3:31:17 PM

I am in love with the sad penguin! I want to take it home to meet my parents!

I don't think Amazon should have done this (if it's true). This will only open the floodgates (I'll be one of the people flooding in - $600 when the PS3 came out...What was I thinking!).
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April 9, 2010 3:32:15 PM

That's nice but it won't apply for all since Sony already loses money on each PS3 sold...
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April 9, 2010 3:34:19 PM

crazymechAnyone got a link to that law data?


The EU law cited in the article can be found here. :)  About halfway down the page.
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April 9, 2010 3:35:47 PM

Man they pay a lot of taxes over there.
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19
April 9, 2010 3:36:31 PM

Case for a class action perhaps? At the very least Sony should offer some PSN credits. I have a fat boy PS3 and I am very very disappointed with Sony on this.
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April 9, 2010 3:43:21 PM

e-rockMan they pay a lot of taxes over there.


The healthcare
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April 9, 2010 3:50:19 PM

If Amazon is offering partial refunds I can assume they are getting ready to sue? I mean I don't see why a retailer would do that, people aren't mad at Amazon, they are mad at Sony. No one I think was expecting them to step in. I assume they are doing this so they can sue and look like the peoples hero.
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April 9, 2010 3:52:13 PM

I wish that the US has more consumer production laws. Most US laws protect the big corporations.
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April 9, 2010 3:54:57 PM

Amazon decided to make him happy again not Sony, and i can assure you Sony isn't refunding or reimbursing anyone for this. So Good Luck on that one. If you want your Linux go download the new Patch that will alllow you to keep your Linux. Personally i think Linux is comnplete junk but that's just my two cents.


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April 9, 2010 3:58:12 PM

Tom's, you are going to start a snowball effect by posting this article. Now everyone and their grandmother is gonna go to Amazon looking for rebates. You realize this, don't you?

Would that have any repercussion on you?
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April 9, 2010 4:01:33 PM

hakestermanAmazon decided to make him happy again not Sony, and i can assure you Sony isn't refunding or reimbursing anyone for this. So Good Luck on that one. If you want your Linux go download the new Patch that will alllow you to keep your Linux. Personally i think Linux is comnplete junk but that's just my two cents.
I personally think Linux, from an outsiders point of view is an excellent piece of software. Yes, when you start to get involved with the nitty gritty of it.. Linux definitely needs some help from professional software developers to sort some things out but as an efficient OS, it sure does the trick especially because it is free.
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April 9, 2010 4:06:42 PM

We can't let Sony violate the terms of sale unanswered. Lawsuit please!
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April 9, 2010 4:10:58 PM

mlopinto2k1Tom's, you are going to start a snowball effect by posting this article. Now everyone and their grandmother is gonna go to Amazon looking for rebates. You realize this, don't you? Would that have any repercussion on you?


If everyone and their grandmother, under the EU's consumer production laws which the most recent PS3 update violated, then they should get their rebate.

Repercussions for Tom's? As in should Tom's feel bad if Amazon get's flood with rebate requests? What? Huh? No, don't be stupid.
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April 9, 2010 4:12:32 PM

A class action lawsuit would definitely win something.

It's like if you bought a game, then a new patch for that game (required to play online) added DRM that required you be connected to the internet at all time to play. You could argue that you bought the game to play on trips and that this patch reduced the value to you greatly.
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April 9, 2010 4:16:56 PM

I suspect Sony will reimburse Amazon for these, and quite happily. It probably went something like this:
Amazon: Hey Sony, your product isn't going to do what you claimed it would do, that this buyer says made him choose to buy it. That's illegal, but we think he'll be happy with a [partial] refund. You have two choices: 1) Do nothing. We'll sue you for the full amount of every PS3 we've ever sold in the EU, in anticipation of more irate customers, plus damages for our loss of goodwill; you know we'll win, because of this law; or 2) you reimburse us for any refunds, as they happen, and only IF they happen.
Sony: We'll take door #2!

Sony only has to pay [partial] refunds for that fraction of PS3 buyers that wanted to put Linux on their PS3, and cared enough to moan about not being able to.
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April 9, 2010 4:22:10 PM

Man, I bought my PS3 at Circuit City - I guess I'm S.O.L....
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April 9, 2010 4:32:16 PM

How was the figure of $100 arrived at? Was it just plucked out of the air? How do you quantify the loss of such a feature?
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April 9, 2010 4:41:23 PM

In common law jurisdictions in the United States, there is an article in the Uniform Commercial Code (which has been adopted by most states) that imposes what is commonly known as the "implied warranty," or "warranty of fitness." It is, effectively, the U.S. equivalent of the UK law noted in the article. In operation, it requires that goods sold by merchants (which has specific legal meaning) must be fit for the particular purpose that enticed the buyer to purchase them. These warranties can (and, presumably, often are) be disclaimed by the seller, and so whether or not you could recover for something like this would depend on a variety of factors, including the particular laws of any person's state of residence/purchase.

Please keep in mind that this post is not intended as, nor should it be construed as, legal advice of any kind, and under no circumstances can it be relied on as such.
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April 9, 2010 4:41:27 PM

This is a law in the states too. It is called Implied Warranty of Fitness for a Particular Purpose. If the seller knows at the time of sale that you are buying for a particular use then there is a warranty that it will preform it.

Now, they can also make sure they write something in their own warranty that disclaims it, but if Amazon was willing to refund money maybe it wasn't there when he contacted them. :D 
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April 9, 2010 5:39:44 PM

Thats a great deal. Does that mean that the prices of PS3 will go down??? And you can grab your rebate and grab the hack firmware to use linux. Great deal. Hats off to Sony :-D
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3
April 9, 2010 5:41:04 PM

The problem is that a situation has now been created to say. "Hey if anyone bought the PS3 to use it for Linux we will sue Sony".

I would guess that there were truthfully up to several thousand people who bought the PS3 because of Linux (there truely isn't much you can do with it compared to a pc Linux version). If only those people sued, it would be fine. The problem is that now everyone (millions) will come out of the woodwork and demand their 100 dollars (99.999% of which haven't even touched Linux), and not even care of how it will affect Sony and future developement.

People think that companies have limitless amounts of money, but they dont. The only result of all of this is that if it got really big, it would cripple Sony and make some greedy scumbag lawyer really really rich.
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April 9, 2010 5:44:40 PM

noodlegtsA class action lawsuit would definitely win something.It's like if you bought a game, then a new patch for that game (required to play online) added DRM that required you be connected to the internet at all time to play. You could argue that you bought the game to play on trips and that this patch reduced the value to you greatly.


At least here in Sweden they can't do that unless they print "Requires an internet connection to function" or similar on the case. If they don't you're entitled to a full refund because you were not informed of the requirement of an internet connection at the time of purchase.
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Anonymous
April 9, 2010 6:00:53 PM

In EU you are in a purchase contract agreement with the retailer and not with the manufacturer. That's the reason for the rebate offered by Amazon. Amazon will have to play this game with Sony for the reimbursment.
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April 9, 2010 6:27:24 PM

the media are blowing this out of proportion (like usual) and the public are bleating like a bunch of mindless sheep...
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April 9, 2010 6:49:58 PM

jsm6746the media are blowing this out of proportion (like usual) and the public are bleating like a bunch of mindless sheep...

Out of proportion? I don't see this plastered all over the front page news, so no, it's not out of f*cking proportion. This is a TECH SITE, and techies don't like it when techie features get axed.
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April 9, 2010 7:15:31 PM

Instead of Amazon paying, Sony should be taking responsibility for their actions.
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Anonymous
April 9, 2010 8:06:58 PM

@eddieroolz
If the consumer bought the PS3 from Amazon, then Amazon is liable for the refund. It is then up to Amazon to pursue a reimbursement from Sony.
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April 9, 2010 10:21:05 PM

jsm6746the media are blowing this out of proportion (like usual) and the public are bleating like a bunch of mindless sheep...


Mindless Sheep bent over and just took it. People who think freely and know their rights take action. I wonder where you fit in. Actually Im not wondering I know. Your comment explained it all.
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April 9, 2010 11:45:50 PM

e-rockMan they pay a lot of taxes over there.

Coming soon to the USSA (United Socialist States of America if Obummer and his commie loving cohorts in DC get their way.
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April 10, 2010 12:21:34 AM

well for the time being i have found something to bypass this update. I re-posted it on my site here's the link

http://www.bonznumber1.com/gaming-consoles/ps3/update-p...

follow this and you'll be good to go at least until Sony requires at least 3.21 for there games or until they restore the feature
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April 10, 2010 1:28:25 AM

chomleeThe problem is that a situation has now been created to say. "Hey if anyone bought the PS3 to use it for Linux we will sue Sony". I would guess that there were truthfully up to several thousand people who bought the PS3 because of Linux (there truely isn't much you can do with it compared to a pc Linux version). If only those people sued, it would be fine. The problem is that now everyone (millions) will come out of the woodwork and demand their 100 dollars (99.999% of which haven't even touched Linux), and not even care of how it will affect Sony and future developement. People think that companies have limitless amounts of money, but they dont. The only result of all of this is that if it got really big, it would cripple Sony and make some greedy scumbag lawyer really really rich.


If they broke the law, it doesn't really matter if the person had used linux or not.

They broke the law.

I hope EVERY single person sues them for their 100$ (on what is already overpriced...)

Will it hurt Sony? Not like you think it will, not really in their pockets. More just pr business
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April 10, 2010 3:02:17 AM

The PS3 was never intended for use as a full blown PC. Sony didn't even charge anyone for the privilege of running Linux. The "Other OS" option was just a free bonus feature. I don't know why people are complaining so much about this. I guess they're too cheap to buy a real PC that can actually get some real work done under Linux.
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April 10, 2010 6:01:27 AM

babybelugaThe healthcare

The healthcare tax in Germany is about 15% of ones salary, 250 euros max (same amount is payed by the employer). This covers the whole familiy. But that's for public ensurance. Private is generally cheaper for _single_ people with salary higher than 50k Euros who don't have a large family.
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April 10, 2010 1:12:41 PM

Interesting development. I'm still not clear as to why Sony pulled support!
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April 10, 2010 2:53:30 PM

babybelugaThe healthcare
I'd rather pay higher taxes for my excellent healthcare system than get denied coverage :) 
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April 10, 2010 4:38:05 PM

It is good, Amazon will take the initial hit... but they will simply drop to product or demand Sony take responsibility. Worst case scenario Sony will deny any responsibility and amazon will just get screwed and be forced to change the PS3 listing to account for the no OS support.

boo Sony.
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April 10, 2010 4:55:33 PM

chomlee The problem is that now everyone (millions) will come out of the woodwork and demand their 100 dollars (99.999% of which haven't even touched Linux), and not even care of how it will affect Sony and future developement. People think that companies have limitless amounts of money, but they dont. The only result of all of this is that if it got really big, it would cripple Sony and make some greedy scumbag lawyer really really rich.


agree with you here, but I also think its unethical to do what Sony did with ant product.
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April 10, 2010 8:25:32 PM

mlopinto2k1Tom's, you are going to start a snowball effect by posting this article. Now everyone and their grandmother is gonna go to Amazon looking for rebates. You realize this, don't you? Would that have any repercussion on you?

You are a complete jackass.
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April 10, 2010 8:31:56 PM

techguy378The PS3 was never intended for use as a full blown PC. Sony didn't even charge anyone for the privilege of running Linux. The "Other OS" option was just a free bonus feature. I don't know why people are complaining so much about this. I guess they're too cheap to buy a real PC that can actually get some real work done under Linux.

It doesn't matter what their intentions were at the time of release. It was an advertised feature, not a bonus. What you're saying would be like Windows doesn't intend for you to use Media Player, it is just a free bonus. Dumb ass.
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April 10, 2010 10:54:02 PM

if you wanna blame anyone blame the guys who backdoored the psn with linux on the ps3 they made tux look bad too sony just cut thier losses and yea it suxx i had yellow dog on my ps3 but anyone could lookup how to backdoor the psn with linux on ps3 its not hard and they dont want virtual copies of games sold for no profit
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April 11, 2010 5:04:11 AM

techguy378The PS3 was never intended for use as a full blown PC. Sony didn't even charge anyone for the privilege of running Linux. The "Other OS" option was just a free bonus feature. I don't know why people are complaining so much about this. I guess they're too cheap to buy a real PC that can actually get some real work done under Linux.


you know that this was a huge marketing point right? so much so that $ony was very close to having Linux reinstalled on the system they marked it as a computer as well as a gaming system and ppl who bought it cause of that should get what they paid for. this is like Wii Removing motion sensing support and saying that it was an ad on feature i mean sure the system wil still work just fine but what about all the ppl that bought it for motion sensing?

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April 11, 2010 7:05:38 AM

babybelugaThe healthcare

we still pay a minimum of 60 euros/month ontop of that. but i have not had to pay more than a total of 40 euros a year in other additional charges and im CONSTANTLY going to the doctor/hospital/physio for sports related injuries :(  (lol)

it's a good system...but if u look at the total...taxes, etc...it's quite normal.

as far as getting a refund from Amazon...i think it's a good thing, because Sony did just that: remove a feature u (might have) bought the item for.

image Mercedes decide to disable air conditioning in their vehicles as of the next firmware upgrade (yes, fancy cars have firmware) ... you'd take ur car back or ask for compensation. same thing.
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April 11, 2010 9:07:10 AM

Kryanimage Mercedes decide to disable air conditioning in their vehicles as of the next firmware upgrade (yes, fancy cars have firmware) ... you'd take ur car back or ask for compensation. same thing.


exactly. even if you never used the air conditioning you'd still be loosing something you paid for
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April 11, 2010 3:07:10 PM

techguy378The PS3 was never intended for use as a full blown PC. Sony didn't even charge anyone for the privilege of running Linux. The "Other OS" option was just a free bonus feature. I don't know why people are complaining so much about this. I guess they're too cheap to buy a real PC that can actually get some real work done under Linux.


Don't you get it a normal pc CANNOT do what a ps3 can for same price, many scientist use the ps3 to save money on research such as medical and astronomy the ps3 price per flop at these computations is much cheaper than buying a 48 core computer at $18,000 us.

There are more than you think that use this many universities in the US use ps3 clusters to do all sorts of important research.
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April 11, 2010 5:08:13 PM

There is absolutely no reason to have a separate OS on a ps3, as far a general users go.
If you want linux, and for some unknown reason don't want it on your present pc, heres your cheaper than a ps3 dream machine: http://www.tigerdirect.com/applications/SearchTools/ite...
And I promise it has linux capabilities,and will forever, no need to sue me.
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Anonymous
April 11, 2010 5:19:36 PM

Lol I saw this coming. I even knew about that law. How could Sony overlook this?
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