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Sony Sued for Removal of Linux Support From PS3

By - Source: Tom's Guide US | B 87 comments

Hands up who saw this one coming?

Dropping support for Linux on the PS3 has landed Sony in court. A class-action suit filed Tuesday in a San Francisco court (via IGN) claims that the intentional disablement of Other OS support constitutes a breach of sales contract as well as a breach of the covenant of good faith and fair dealing. Not only that, but the suit accuses Sony of inflicting unfair and deceptive business practices on "millions of unsuspecting customers."

"Sony knowingly and willingly accepted monetary benefits from Plaintiff and the Class, but Sony did not honor its obligations," reads the court document (line 17, page 12). "Rather, Sony benefited from the sales of PS3s with the Other OS function which it then forced purchasers to either disable or forgo other important PS3 functions."

"Under the circumstances described herein, it is inequitable for Sony to retain the full monetary benefit at the expenses of the Plaintiff and the Class," the complaint continues.

"By engaging in the conduct described above, Sony has been unjustly enriched at the expense of Plaintiff and the Class and is required, in equity and good conscience, to compensate the Plaintiff and the Class for harm suffered as a result of its actions."

The suit covers anyone who purchased a PS3 between November 17, 2006 and March 27, 2010 (though not if you sold your PS3 to someone in the meantime) and seeks compensatory damages, restitution, injunctive relief and legal fees.

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Top Comments
  • 44 Hide
    darkknight22 , April 30, 2010 1:30 AM
    finally a class action suit I actually believe in.
  • 41 Hide
    hotroderx , April 30, 2010 1:31 AM
    I hope they win =D Sony really overstepped there bounds on this one
  • 22 Hide
    darthvidor , April 30, 2010 2:02 AM
    I hope Sony loses this case and forced to return Other OS support.
Other Comments
    Display all 87 comments.
  • 44 Hide
    darkknight22 , April 30, 2010 1:30 AM
    finally a class action suit I actually believe in.
  • 41 Hide
    hotroderx , April 30, 2010 1:31 AM
    I hope they win =D Sony really overstepped there bounds on this one
  • 21 Hide
    kingnoobe , April 30, 2010 1:32 AM
    Even though class actions don't have big rewards really for the plantiffs, this could seriously cost sony a lot of cash if of course it wins.

    And I hope everybody raised their hands wither they agree with this or not should've diffently saw it coming lol.
  • 10 Hide
    shovenose , April 30, 2010 1:33 AM
    hahaha...i knew this was coming!
  • 15 Hide
    boju , April 30, 2010 1:35 AM
    Linux's mascot shouldn’t be banging it's head up against the wall... instead it should be giving the finger with a big **** you! Sony
  • 20 Hide
    nforce4max , April 30, 2010 1:36 AM
    About time some one take a stand, Sony ask for it what else could they expect.
  • 3 Hide
    climber , April 30, 2010 1:49 AM
    I wonder if I have my original receipt from futureshop? lol Sony will not be paying us 1st gen PS3 users a dime compensating us for removing capabilities of something we bought. However, I do agree it's like buying a car and at the 1st semi annual inspection, when you think your lube oil and filter change is what you're get, instead you're having the leather interior replaced by vinyl, the a/c removed and the spare tire gone too, and we're supposed to thank a business for it. This is not just a Sony issue, any and all Coporations are trying to wring every last cent out of us consumers, it's like a workout tape..... "feel the burn...errr squeeze!"
  • 22 Hide
    darthvidor , April 30, 2010 2:02 AM
    I hope Sony loses this case and forced to return Other OS support.
  • 7 Hide
    d-block , April 30, 2010 2:02 AM
    Take THAT Sony!
  • 3 Hide
    techguy911 , April 30, 2010 2:05 AM
    I wonder if the government will get involved the usaf uses ps3 clusters as well as quite a few universities and research companies you would be surprised at how many use it for a super computer list is very large.

    just a small list to show you how many use it:

    USAF
    US Army
    Dr. Gaurav Khanna UMASS
    Dr. Lior Burko, a physicist and professor at UA Huntsville
    and about 300 more universities and research scientists across the world.

    You can't sell something and remove a feature that is advertised in my country there are laws about that and others too.

    So if this hack was so bad why is there no mass piracy why because it does not allow you to copy games or open up ps3 to do it.
  • 0 Hide
    mikeadelic , April 30, 2010 2:09 AM
    LOL Jane, I love love love the penguin picture. Gives me a chuckle every time!
  • 0 Hide
    the_brute , April 30, 2010 2:10 AM
    I hope that this will just get Sony to continue Linux support. As a Linux user I do want to see its use grow and its ability to expand, and the Playstation is a great platform for it.

    bojuLinux's mascot shouldn’t be banging it's head up against the wall... instead it should be giving the finger with a big **** you! Sony

    Nice.
  • 2 Hide
    tpi2007 , April 30, 2010 2:12 AM
    It seems like a well written legal piece and it aims at the right thing, and where it hurts them the most: money.

    They didn't go the risky route of trying to oblige Sony to put otherOS back on, they are just making a pretty obvious statement and want a restitution of part of the money spent on a product that no longer has all the features advertised.

    This should be decided by the judge pretty fast I think.
  • 6 Hide
    ricin , April 30, 2010 2:19 AM
    otacon72Sony Defense Attorny: "It clearly states in our Terms of Service that Sony has the right to...etc etc etc....when the plantiffs purchased the PS3 they agreed to these terms"Judge "Case dismissed"I worked tech support for a few ISP's and all we had to say for half the complaints we took was "Please read the TOS and have a nice day". I hate to say it but this case is dead before it ever gets going.


    That's not how it works.
  • 2 Hide
    kelemvor4 , April 30, 2010 2:30 AM
    I'd rather have the otheros feature than whatever my part in the settlement will be. Hopefully they'll just bring it back. Although without proper video drivers (sony never released sufficient info for them) it's kind of lackluster for anything other than a headless device.
  • 3 Hide
    pyroghozt , April 30, 2010 2:32 AM
    Its funny I was reading this same article on Kotaku and the response from the members on that site was quite repulsive and ignorant in regards to this. I honesly hope Sony loses this lawsuit. Operating Systems running on a console is a big step. And taking it away is a big step backwards.

    On a side note I was wondering if this was related to the rumours about Steam coming onto Linux? If steam runs on Linux and Linux runs on the PS3? Can one play Source games over steam on your Ps3 Console with linux? What are the limitations of the Linux operating system on the PS3 console (Based on Compatibility) and is Sony worried that they won't be able to sell future valve titles because of this?
    Just a thought I could be misunderstanding something.
  • 3 Hide
    Anonymous , April 30, 2010 2:33 AM
    Certain elements of EULA are not valid when used to perform certain activities that are considered universally immoral.
    The primary examples of this are cases where the EULA violates the law, but any case where the business is deliberately deceitful as to the value of their product (such as scammers who sell nothing or worthless stuff for good money) could also count.
    Basically: Just because your EULA says you can, doesn't mean you can violate a overruling law.
  • 2 Hide
    JMcEntegart , April 30, 2010 2:38 AM
    MikeadelicLOL Jane, I love love love the penguin picture. Gives me a chuckle every time!


    haha I know, me too. he's so sad! :( 
  • -1 Hide
    vsgm , April 30, 2010 3:03 AM
    How can any one sure Sony for Removal of Linux Support From PS3? I mean it's there product rite? :confused:
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