Sony's Effort To Stop Other OS Class Action Suit.

[sergster1]

As 'scene' developers are finding ways to 'return' Linux to Jailbroken PS3 Consoles, that Sony forcely removed from all Consoles last year, Sony has decided to use the 1st year Anniversary of this sad event, to move the courts to dismiss the 'Other OS' lawsuits that had been filed by 'legit' PS3 owners!
​

One of the 'legal' grounds that Sony seems to be using is the wonderful new 'ToS' that also had recently forced down PSN owners with the switchover to 'SNEA', read more from extracts from the 'Groklaw' site:

There’s news from the class action litigation, In re Sony PS3 ‘Other OS’ Litigation, where the plaintiffs are suing Sony Computer Entertainment America for removing OtherOS from Playstation 3s. SCEA has filed another motion to dismiss [PDF] the class action case, once again saying that the plaintiffs’ newly filed First Amended Complaint is insufficient to state a claim. The original complaint’s claims, except for one, were dismissed, with the judge giving the plaintiffs a chance to refile. Now that they have, SCEA says this refiled complaint should be tossed out also. There will be a hearing on all this on May 12th.

And the class action plaintiffs are asking the judge [PDF] to help them get discovery that SCEA is, they claim, reluctant to provide. Role reversal. In the SCEA v. Hotz litigation, SCEA is all about discovery, all they can get. Here, it’s the opposite.

There is a transcript from a February 9th hearing in the Sony class action attached as an exhibit to the plaintiffs’ letter to the judge in the case, and I think you’ll be amazed. Would you like to know what SCEA’s lawyers think of customers who use Linux? We get to find out, because the hearing begins with SCEA asking the judge for access to the plaintiffs’ hard drives. Why would you want that, the judge asks? These are not defendants accused of anything, remember. Sony is the one in the hot seat, but here is the incredible answer: because, says their attorney, these plaintiffs say they used Linux, so SCEA suspects they were part of a hacking conspiracy, and they’d like to check. There’s more, and I’ll tell you all about it.

And SCEA claims in the transcript that it wasn’t the entity that decided to drop OtherOS. It says in this courtroom that Sony Computer Entertainment Inc. is responsible for that decision. In Hotz, SCEA says it is responsible for pretty much everything to do with PS3s in the US, or at least I got that impression. SCEA also tells the judge at the hearing that there’s been a change in the corporate setup. SCEI isn’t the parent of SCEA any more. So I did a little research on that. Who are they then? And how how were they related? I have found some press releases that clarify very nicely.

The 'bad part' that makes you do a 'double-take' is the part that Sony wants to look at all the HDD's from those that filed the 'Other OS lawsuits' claiming maybe they are part of a bigger 'hacker conspiracy'!

At least thanks to hard effort Graf_Chokolo Linux has made a 'come-back', all tho since we don't own our PS3 Consoles thanks to the new 'ToS' by Sony, we are at the mercy of being 'sued' or 'worse' if we play around with the 'coreOS' to get back features that Sony originally SOLD us when we BOUGHT our PS3 from the store!

News Source: Groklaw - SCEA Files Motion to Dismiss Class Action Again, More Discovery Disputes, Plus a Revealing Transcript Surfaces

Image and news thanks to 'PS3HAX.net'

 

[DSGamer64]

I hope all this legal shit comes back to haunt them and kills their gaming division. They have no ethics and don't give a shit about their own reputation among gamers anymore, they are going to crash and burn because of all this.

 

[Sterling]

I hope all this legal shit comes back to haunt them and kills their gaming division. They have no ethics and don't give a shit about their own reputation among gamers anymore, they are going to crash and burn because of all this.

I don't hope this, but unless they turn it around, this will happen. They already lost a customer in me, and a few of my friends are close to saying the same thing.

 

[Bladexdsl]

another 1 of sonys failed excuses

 

[Slyakin]

Well then.

Off to play my PS3.

 

[twiztidsinz]

I hope all this legal shit comes back to haunt them and kills their gaming division. They have no ethics and don't give a shit about their own reputation among gamers anymore, they are going to crash and burn because of all this.

I don't hope this, but unless they turn it around, this will happen. They already lost a customer in me, and a few of my friends are close to saying the same thing.

No offense meant to you, and not to claim this is how you will act (because I don't know you) but...

I had a friend who said he was sick of the Call of Duty franchise, sick of what the publisher(?) was doing, releasing the same game with minor changes and charging full price (I don't know the details, I just know he was going to stop buying CoD games)... that lasted all of a few months til the next game came out. Then he said the same things all over, and then bought the next one.


Often times, what gamers SAY and what gamers DO is different. Look at the Call of Duty boycott:
http://www.bravenewgamer.com/wp-content/up.../11/boycott.jpg
http://img121.imageshack.us/img121/4650/st...tymodernwar.png

 

[dib]

Devil's advocate: Sony never had to implement an option to install a different OS on their hardware. In fact, that's a very unusual move for any major console manufacturer.

It's also doubtful that they assumed any responsibility to continue supporting it. That's the fun thing about licensing agreements and TOS in America: a company can stipulate just about anything and you get the choice between blanket acceptance or you can go live in a cave and hunt deer for the rest of your life--completely detached from society and technology.

In other words, Sony has no obligation to support Linux and never did.

 

[DSGamer64]

I hope all this legal shit comes back to haunt them and kills their gaming division. They have no ethics and don't give a shit about their own reputation among gamers anymore, they are going to crash and burn because of all this.

I don't hope this, but unless they turn it around, this will happen. They already lost a customer in me, and a few of my friends are close to saying the same thing.

No offense meant to you, and not to claim this is how you will act (because I don't know you) but...

I had a friend who said he was sick of the Call of Duty franchise, sick of what the publisher(?) was doing, releasing the same game with minor changes and charging full price (I don't know the details, I just know he was going to stop buying CoD games)... that lasted all of a few months til the next game came out. Then he said the same things all over, and then bought the next one.


Often times, what gamers SAY and what gamers DO is different. Look at the Call of Duty boycott:
http://www.bravenewgamer.com/wp-content/up.../11/boycott.jpg
http://img121.imageshack.us/img121/4650/st...tymodernwar.png

The only Sony product I own is a PSP Go, and I don't even buy the games for it anymore, and I was for a while, but now I refuse to support Sony in any form anymore. The whole corporation is a joke. Had friends treated like shit by Sony over warranty to repair a TV because the part was going to cost them more to replace then what a TV was worth. Sony finally agreed to just replace the TV with a brand new one for 300 bucks which is still a joke when they shouldn't have charged the guy and just covered the whole fucking warrant instead of being cheap bastards. Sony doesn't care at all about anyone, they need to take a lesson in ethics and proper business practise, going around suing everyone is not how to conduct a business. Do you see Microsoft taking everyone who has hacked the 360 to court? No, they got better things to worry about then a few people who want to use Linux on the PS3.

 

[BobTheJoeBob]

I'm really not liking Sony at the moment. They really need to turn around and stop being massive [censored]s.

 

[twiztidsinz]

Devil's advocate: Sony never had to implement an option to install a different OS on their hardware. In fact, that's a very unusual move for any major console manufacturer.True... they didn't have to but they did.
I also heard that Sony got around a European(?) import tax on game consoles by claiming it was a PC. I don't have a source to back this up, but I do know they tried it with the PS2. Source: http://kotaku.com/#!179182/kutaragi-th...-its-a-computer
http://kotaku.com/#!179245/why-the-ps3...es-euro-tax-men

It's also doubtful that they assumed any responsibility to continue supporting it.You're correct, however continue support =/= removal.
The Class Action is about the removal of an advertised feature, not the continued support or lack there-of.

That's the fun thing about licensing agreements and TOS in America: a company can stipulate just about anything and you get the choice between blanket acceptance or you can go live in a cave and hunt deer for the rest of your life--completely detached from society and technology.

Funny thing about licensing agreements and TOS in America: they usually don't hold up in court.

QUOTE(dib @ Apr 4 2011, 01:12 PM)

In other words, Sony has no obligation to support Linux and never did.

while you're right, again, support isn't the issue.

 

[_Chaz_]

I 'really' don't understand why 'Sony' has to 'be' like this all the 'time'.
They're just 'digging' themselves 'deeper' into a pit of 'hate'. It's not gonna get any 'better' if they keep doing this to 'themselves'.

lol, cwutididthar?

 

[Fishaman P]

'I' don't 'like' it when 'people' 'overuse' 'apostrophes'!

EDIT: Directed at OP, not _Chaz_

 

[thaddius]

Why didn't these people just sell their PS3's in protest?

 

[DiscostewSM]

'I' don't 'like' it when 'people' 'overuse' 'apostrophes'!

EDIT: Directed at OP, not _Chaz_

Well, it's easier than typnig the *closes fists with index and middle finger pointed outward, doing curls with them* gestures of word emphasis *now raising curled fingers and arms into the air, yelling I am not a crook, and giving my cheeks a shake*.

 

[chrisrlink]

it sickens me that presumably Sony has all the Judges on their payroll also the us government may shut down....and why you may ask?.....CORRUPTION in our government HEY CONGRESS IF YOU BLAME ANYONE ELSE BLAME SONY

 

[twiztidsinz]

it sickens me that presumably Sony has all the Judges on their payroll also the us government may shut down....and why you may ask?.....CORRUPTION in our government HEY CONGRESS IF YOU BLAME ANYONE ELSE BLAME SONY

So far it's just one "judge" who isn't actually a Judge, he's a Magistrate (someone who is appointed by a Judge).

 

[Rydian]

With as stupid as these cases are I'm surprise Groklaw hasn't covered more of it. I like their articles.

Anyways, yeah, WTF.

It's like some higher-up in Sony accidentally watched a linux-themed BDSM video as a child and was mentally scarred and now regards anything linux as an enemy.

 

[Sterling]

I hope all this legal shit comes back to haunt them and kills their gaming division. They have no ethics and don't give a shit about their own reputation among gamers anymore, they are going to crash and burn because of all this.

I don't hope this, but unless they turn it around, this will happen. They already lost a customer in me, and a few of my friends are close to saying the same thing.

No offense meant to you, and not to claim this is how you will act (because I don't know you) but...

I had a friend who said he was sick of the Call of Duty franchise, sick of what the publisher(?) was doing, releasing the same game with minor changes and charging full price (I don't know the details, I just know he was going to stop buying CoD games)... that lasted all of a few months til the next game came out. Then he said the same things all over, and then bought the next one.


Often times, what gamers SAY and what gamers DO is different. Look at the Call of Duty boycott:
http://www.bravenewgamer.com/wp-content/up.../11/boycott.jpg
http://img121.imageshack.us/img121/4650/st...tymodernwar.png

The thing about boycotting a company is, there are other ways to use their products without supporting them. Call of Duty for example. It has free online play for a one time buy. If I buy Modern Warfare 2 used, they receive none of the proceeds and I still get to play multi-player. However, many game companies seem to be leaning towards downloadable multi player vouchers to circumvent the used market. When this starts to be the standard, I will no longer be buying Call of Duty period.

The last Sony game system I owned was a used 1000. I also pirated everyone of my games, except the used copy of War of the Lions I got with the system. I own a used Sony trinitron which I got for free. Every Sony product I own, has never been purchased new.

 

[shadowkillerdrag]

who the fk cares -.-, they made the ps3 i play it im happy -.-

 

[Sterling]

who the fk cares -.-, they made the ps3 i play it im happy -.-

You may play the PS3 now, but soon it will play you.