PS3 , Removal of other os . Mis- sold

Esqui

I wonder how many people claiming money back against the retailers have actually used the Other OS function and not just seen "PS3 owners - get money back!" and copy-pasted an email out.

I used the Other OS (but got rid of it eventually, as I had no use for it), and I'll miss it, but I certainly wouldn't expect to be compensated for it. Also, I bought it from work, which would make things a bit awkward

custardy

Esqui wrote: »

I wonder how many people claiming money back against the retailers have actually used the Other OS function and not just seen "PS3 owners - get money back!" and copy-pasted an email out.

I used the Other OS (but got rid of it eventually, as I had no use for it), and I'll miss it, but I certainly wouldn't expect to be compensated for it. Also, I bought it from work, which would make things a bit awkward

well we are in a different position
we (well I) went for a phat PS3 because it had that option rather than wait for the slim after hearing it wouldnt support that option
had i known it would be dropped iwould have got a slim for the cooler runing temps/space as i have a speaker stand and space is tight and i need to watch temps

OlliesDad

WaveyDave wrote: »

I may be wrong here, or relying on out of date information, but my PS3 was bought from Play, and when I had a faulty controller they didn't want to know. I had to send mine back to Sony for a replacement. They argued that they are not based in the UK, and therefore not subject to the Sale of Goods Act. I took the case to Consumer Direct, who agreed I wasn't able to force the issue with Play.

Things might have changed since though. I said at that time I would never buy an electrical appliance from them again.....

Jersey do have their own SAles of Goods Act that you could claim on, but i imagine that would require taking it through Jersey courts.

esuhl

I see that consumers in America have issued a class action lawsuit against Sony.

DrScotsman

esuhl wrote: »

I see that consumers in America have issued a class action lawsuit against Sony.

Confusing much? Does the manufacturer have any responsibility in this case?

I know that manufacturers do have some liabilities to consumers (obvious link: Donoghue v Stevenson) but not for this surely?

(I know we're talking about US law here but I don't think that makes a difference here)

EDIT: "The complaint alleges breach of contract, breach of the covenant of good faith and fair dealing, and unfair and deceptive business practices"

Doubt they have a case under the first one. *is reading court document now*

dEfEndEr_2

Without limitation, services may include the provision of the latest update or download of new release that may include security patches, new technology or revised settings and features which may prevent access to unauthorized or pirated content, or use of unauthorized hardware or software in connection with the PS3™ system

As a hack was released, they are well within their right (as you except the usage restrictions) to remove any feature that MAY be used for priated material.

Geohot:> Sony will simply say it's HIS FAULT the patch had to be applied..!

He hacked his way past the security via the 'Other OS' route and started to reverse engineer the consoles security, allowing hacks and pirated copies of developers software to be able to be used via the 'Other OS' feature...

Sony responded to this 'Security Breach' by removing the option, BUT they DO allow you to go BACK to a previous OS version by allowing you to update the hardware via USB stick (i've done it), thus you can use the 'Other OS' feature once more. BUT, if you want to play games etc via PSN, then you have to re-install the current version of the OS.

So, they have removed NOTHING..!

You have no option but to suck it up, and if you need the 'Other OS' feature, then install it, and remove it when you want to play online..!

As the PS3, also allows you to use USB hard drives, (I have a 1TB connected) you simply install the Other OS to that, as the NEW OS will not allow the main system drive to have it installed (which Sony never claimed you could do)

If someone was to release a virus using this 'hack', then Sony would respond in the same way to 'Protect the End User'

Yes, it's bad (I have 3xPS3's all using the NEW OS), and yes I too wanted to 'make use of this feature' but as I've explained, I CAN, just not at the same time as using the 'NEW features'

Also, I recall some-one saying that the 'NEW OS' had no other reason for being released?
Err, yes it did, new Blue-Ray flash for the latest version of Blue-Ray...

Now that 3DTV is here, you'll complain if your new PS3 did not support that feature? yet it's never been said it will, Sony could simply release the PS4 and leave all PS3 users in the same boat as the PS2 users (upgrade or not), should the new OS deal with 3DTV, then no-ones going to complain they released something that they didn't say would work..?


Consumers should not have to sit idly by when the devices they have purchased are retroactively downgraded without their consent

They DID give concent? they had to except to install the update to use the PSN

PSN

9. MAINTENANCE AND UPGRADES

From time to time, we may want to provide you with new content, services or software to ensure that PSN or your PLAYSTATION®3 computer entertainment system, PSP® (PlayStation®Portable) system or other authorised hardware devices are functioning properly in accordance with our guidelines. Such content, services or software may be downloaded automatically and without further notice when you sign into PSN, and may include automatic updates or upgrades which may change your current operating system and could cause loss of data or content, or loss of function or utility. Such upgrades or updates may be provided for system software for your PLAYSTATION®3 computer entertainment system unit, PSP® (PlayStation®Portable) system or other SCE-authorized hardware. Access to or use of any system software is subject to terms and conditions of a separate end user license agreement. Data and content may also be lost during maintenance or repair of your equipment. You must archive your personal photo, music and video content regularly to prevent such loss of data. You hereby authorise us to provide such content, services or software and agree that, to the extent permitted by applicable law, we are not liable for any loss of data, content, function or utility.

dEfEndEr_2

Standing in Court saying 'I didn't read the rules' should be a good case..!

esuhl

dEfEndEr wrote: »

As a hack was released, they [Sony] are well within their right (as you except [sic] the usage restrictions) to remove any feature that MAY be used for priated material.

I'm not a legal expert, but I wonder if (in the UK) this would fall foul of the Unfair Contract Terms Act. You can't agree a contract that gives one party carte blanche to subsequently change the terms of the contract willy nilly!

In any case, I don't think Sony has a case to answer (unless they sell directly to consumers) as the "Other OS" feature was advertised in some shops and on some websites as providing the capability for installing Linux on the PS3's hard drive. If this is no longer the case, the Sale of Goods Act has been breached, which makes the retailer liable, not the manufacturer.

If I had a PS3 I would definitely be taking the retailer to court, and (with my limited legal knowledge) I would expect to win damages.

Arg

dEfEndEr wrote: »

Standing in Court saying 'I didn't read the rules' should be a good case..!

Except they aren't the rules.