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Sony faces allegations of US Computer Fraud and Abuse Act breach
JAPANESE CONGLOMERATE Sony is facing accusations of breaching the US Computer Fraud and Abuse Act for removing the OtherOS feature from Playstation 3s it had sold that saw Linux able to run on the console.
The Japanese technology and media giant has been fighting a class action lawsuit filed by 20 plaintiffs while simultaneously going after alleged PS3 hackers. While Sony has so far succeeded in getting a judge to accept that it can sue one George Holz for computer fraud and abuse, because he allegedly distributed advice on how to hack the PS3, the Japanese mega-corporation itself has been unsuccessful in getting all of the plaintiffs' allegations against it dismissed in the same jurisdiction.
It now faces one allegation of breaking the US Computer Fraud and Abuse Act because of its removal of the OtherOS capability in the PS3. It also faces a likely refiling of several other allegations by the plaintiffs.
Set out in detail at the blog Groklaw, a posting states that Sony managed to have allegations dismissed that it is in "breach of express warranty, breach of implied warranties of merchantability and fitness for a particular purpose, a California Consumer Legal Remedies Act claim, a Magnuson-Moss Warranty Act claim, and claims alleging conversion, unfair competition, and unjust enrichment."
Both cases are going to be heard in the US District Court for the Northern District of California in San Francisco, however the two lawsuits will be presided over by different judges. µ
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I copied this email from another site by
sqrt36.
"Sony LIED when they promised OtherOS will NEVER be removed from the PS3 via firmware update
Hi All,
On 02/26/2010 04:30 AM, David Woodhouse wrote:
On Fri, 2009-08-21 at 09:58 -0700, geoffrey.levand at am.sony.com wrote:
The feature of “Install Other OS” was removed from the new
“Slim” PS3 model to focus on delivering games and other
entertainment content.
Please be assured that SCE is committed to continue
the support for previously sold models that have the
“Install Other OS” feature and that this feature will
not be disabled in future firmware releases.
Although it’s disappointing that Sony have removed the feature from new
models, It’s good to have this public assurance from Sony that at least
the feature won’t be removed from older models which are already
working.
Please understand that in my position as PS3-Linux maintainer
I can really only provide users with technical support for
Linux and the LV1 hcall interface.
The text above was provided to me by SCE management. If
you have any questions regarding it or any other feature
of the PS3 please contact the Playstation Customer Support
in your country. Using Playstation Customer Support will
insure your inquiry is processed through the correct
channels within SCE."
"Dumb asses, they should have just renamed the devices and left the old stock alone!
If they would have gone with the sony arcade or maybe playstation 3.5 or playstation starter, anything to differentiate their original product from the original with linux support. "
They have ALREADY done that, with the "PS3 slim". It's a different product from the "PS3", and they never promised anywhere that the "PS3 slim" will be capable of running Other OSes.
The fraud began when they started removing the feature from the "PS3" during upgrades (which are necessary if you want to access the PSN), while the "PS3" promised both Other OS and PSN functionality. However, the consumer will have to lose one of the two eventually. This is fraud.
Dumb asses, they should have just renamed the devices and left the old stock alone!
If they would have gone with the sony arcade or maybe playstation 3.5 or playstation starter, anything to differentiate their original product from the original with linux support.
I remember seeing people make super computers out of ps3 farms. Of course you are going to have irate customers!!
Thats what you promised!! Especially since the ps3 brought powerpc distros back to life, maybe....
But anyone who didn't start boycotting Sony products when they got caught distributing PC viruses on consumer audio CDs is as thick as two short planks (and probably thicker).
If you bought a PS3 and didn't expect Sony to shaft you, you're stupid.
However, I do hope those who sue in this case win. It would be nice to see a US court actually dispensing justice, instead of selling indulgences to large corporations.
Sony has certainly figured out a way to get a great return on its product development investments:
1) Sell Playstations to customers, and pocket the profits from the initial sale, plus game royalties.
2) If the customers tinker around with their hardware (like attempting to install Linux or hacking anything at all), then sue them into poverty, taking their house and all their other worldly possessions.
Not bad, from a bean-counter's view anyways. However, from a customers' point of view, this may put a little damper on sales as perhaps not many people want to have to declare bankruptcy just for making the mistake of buying a Sony product and assuming it was their possession after the sale.
Sony being charged as a Corporate Criminal under the Computer Fraud and Abuse Act can't be really great for sales, either.
is good for the gander as they say.
Dear sony exec's. Please listen to your consumers and realize we are going to boycott your asses if you don't shape up. I'm already boycotting anything with the "Sony" brand mark and I hope more people come to their senses and realize sony is full of shit with their proprietary garbage.
Excellent news. When they lose this case. please no more hand slapping, nail these bums to the wall and make sure their bottom line in profits are affected so the shareholders will vote out the psychos that run Sony.