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Sony Sued Again For Removing PS3 Linux Feature

Thursday, May 13, 2010

Two more class action lawsuits filed against SCEA.

Two more class action lawsuits have been filed against Sony Computer Entertainment America for removing the 'Other OS' feature from the PlayStation 3.

The first lawsuit, filed on Wednesday, May 5 by Todd Densmore of Cumming, Ga., and Antal Herz of San Francisco, Calif., claim Sony has rendered several PlayStation 3 features they paid for "inoperable" as a result of the release of firmware 3.21. The update, released on April 1, 2010, disabled the ability to install the Linux operating system. By choosing not to update their console, users couldn't access separate, non-related features, such as signing onto PlayStation Network.

The suit states Sony allegedly failed to disclose to customers that it reserved the right to remove advertised, built-in features. The suit also states the right to remove the 'Other OS' feature is not disclosed in Sony's Terms of Service or System Software License Agreement.

Densmore and Herz are seeking damages and other relief the Court deems just. The class includes anyone who purchased a PlayStation 3 from November 17, 2006 to March 27, 2010 and folks who continue to own their console as of March 27, 2010.

A complete copy of the lawsuit in PDF form can be viewed here.

The second class action suit, filed on April 30 by five individuals across the United States, claims, among other things, that the plaintiffs "lost money by purchasing a PS3 without receiving the benefit of their bargain because the product is not what it was claimed to be - a game console that would provide both the Other OS feature and gaming functions."

The group is seeking compensatory damages, restitution, and injunction relief.

A complete copy of the lawsuit in PDF form can be viewed here.

The total number of lawsuits filed against Sony in the last two weeks for removing the feature is now at three. On April 28, a similar lawsuit was filed by Anthony Ventura of California. That case is still ongoing.

Sony representatives told IGN the company does not comment on pending litigation.

source



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