PS3 Class Action Lawsuit Around 'Other OS' Removal Dismissed

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One of Sony’s ongoing legal battles has been won, now that a federal judge has dismissed the ‘Other OS’ removal class-action lawsuit. The filing stems from the removal of Sony’s option that allowed users of the PS3 to use and install other operating systems onto the gaming device. Consumers felt betrayed back in April 2010 when an update mandated the removal of the feature. This prompted a class-action lawsuit, filed shortly thereafter.

Despite having all but one of the claims dismissed back in September of last year, Sony has successfully argued for the dismissal of the case, saying that the User Agreement put the company well within their right to remove the feature.

"These contracts 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," said a Sony representative concerning the case.

Federal judge Richard Seeborg earlier ruled that Sony might still have to answer for violating the Computer Fraud and Abuse Act, but dismissed all other charges back in February of this year and that the plaintiff would be allowed time to amend their argument.

That allotted time has not been put to use, as the judge dismissed the case last week, saying that “In light of the prior amendment, and the fundamental shortcomings in plaintiffs' basic theory that it was wrongful for Sony to release the software update in dispute, leave to amend will be denied."

"[Almost] all of the counts are based on plaintiffs' fundamental contention that it was wrongful for Sony to disable the Other OS feature, or, more precisely, to [force PS3 owners to decide between] permitting the Other OS feature to be disabled or forgoing their access to the PSN and any other benefits available through installing [the firmware].”

Seeborg added, "The flaw in plaintiffs' [argument] is that they are claiming rights not only with respect to the features of the PS3 product, but also to have ongoing access to an internet service offered by Sony, the PSN."

"The dismay and frustration at least some PS3 owners likely experienced when Sony made the decision to limit access to the PSN service to those who were willing to disable the Other OS feature on their machines was no doubt genuine and understandable."

"As a matter of providing customer satisfaction and building loyalty, it may have been questionable. As a legal matter, however, plaintiffs have failed to allege facts or to articulate a theory on which Sony may be held liable."

That liability will be decided upon at a later date by Seeborg. For now, Sony has moved to amend their Terms of Service, noting that it is now impossible for owners of the PS3 to sue the company in a class-action lawsuit without Sony’s approval. Microsoft did something similar, adjusting their Terms of Service just last week.

Source: Gaming Legal Edge