Sony files to dismiss 'Other OS' class action lawsuit
From: The Ilana <>
Reply-to: The Ilana <>
When: Mon, 20 Sep 2010 17:41:20 -0600
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Sony files to dismiss ‘Other OS’ class action lawsuit
SCEA has filed a motion to dismiss a class action brought against the
company for its removal of the PS3’s “Other OS” feature, which allowed
users to install Linux on the system. Sony argues that the lawsuit, a
consolidation of seven similar suits filed last spring, fails to
present evidence that the company overtly advertised Other OS in its
marketing campaigns or on PS3 packaging.
Sony’s filing also claims that the PS3 warranty, license agreement and
the PlayStation Network Terms of Service “specifically provide PS3
purchasers with a license, not an ownership interest, in the software
and in the use of the PSN, and provide that SCEA has the right to
disable or alter software features or terminate or limit access to the
PSN, including by issuing firmware updates,” according to court
documents obtained by IGN. (Other OS was removed with a firmware
update; and users who decline any update are barred from PSN.)
Additionally, Sony has requested that the “class” allegations be
stricken from the suit because the plaintiffs did not all use Other OS
in the same way. In fact, one of them never used the feature at all.
With Sony presenting some seemingly solid grounds for the lawsuit’s
dismissal, it might be prudent for the plaintiffs to call a key
witness to the stand when the two parties meet before a judge on
November 4. How about ... the United States Air Force?
Sony files to dismiss ‘Other OS’ class action lawsuit originally
appeared on Joystiq on Mon, 20 Sep 2010 14:00:00 EST. Please see our
terms for use of feeds.
Sent from iPhone, sorry for the typos
