PS3 OtherOS Lawsuit Dismissed

by Mike Bendel December 13, 2011 @ 2:43 pm

Long-winded litigation surrounding the sudden removal of the PS3’s ability to install third-party operating systems — collectively known as OtherOS — has come to a halt. A federal judge has dismissed the class action lawsuit made against Sony in April of last year.

Sony removed the feature via a firmware update last March, amid security concerns. The preemptive response didn’t pan out well for them, but that’s beside the point. Users contested that while they could optionally choose not to install the update, this made the PS3 effectively useless for playing games or accessing PSN.

This angle did not win over the court, however. U.S. District judge Richard Seeborg ruled that the plaintiffs could not prove they had a right to expect the OS feature beyond Sony’s warranty period or continued access to the Playstation Network (PSN). In other words, the crux of the argument was flawed, since simply owning a PS3 does not guarantee access to PSN or licensed software from a legal standpoint.

Thanks, Court House News.

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slicer4ever says: essence, owning hardware means that sony isn't responsible for maintaining services featured to come with the hardware, yet modifying the hardware is illegal....right....

hush404 says:

You mention the "preemptive response didn't pan out well for them" ... yet I read articles straight from Sony's mouth that the hack helped them more than one could ever imagine. While one assumes it hurt their image... they claim that Not only did it offer them a chance to beef up security (after the attack) but the amount of people whom felt "mistreated" vs the amount of people who returned was in their favor. They also mention it being very profitable, as people came back to PSN spending like nothing had happened.

They put together a package of free stuff, apologized for the "incident" and have enjoyed continued sales of systems and PSN content. All without ever moving from the ground of their initial stand of going after hackers and modders, cutting off stuff like other OS in the process.

In part... those who claimed responsibility for the hack (anon) and who continually barraged Sony with attacks for what they believed was right, in turn Pissed off A LOT of gamers. If the other OS thing didn't mean anything to you (as would be the case for a large majority of PS3 users) this whole incident is seen as the fault of this hacking group and their complete lack of concern for the users whom enjoy simply playing games. While Sony didn't outright point gamers in that direction, it was clear that they enjoyed the benefits of a collective group of gamers seeing it in that light.

Jump ahead to now, with a judge throwing out all 8 charges against the company on simple grounds that the charges simply will not stick (there are no grounds to prove any of what they claimed), that whom ever decided to sue for these reasons obviously didn't have enough legal knowledge to realize this fact and we're still in a world where Sony stands, ready to do what it takes to combat piracy.

So what has all of this BS solved? Absolutely NOTHING.

A complete waste of taxpayers money.

x3sphere says:

The reason I say that is, I think the PS3 would have never been hacked if OtherOS remained a firmware feature. I could be wrong, but prior to it being removed, interest in hacking the PS3 was pretty low key and looked to remain that way. Once it was gone, that gave hackers a reason to band together and look for holes elsewhere.

Not to mention... fail0verflow and Geohot would have had a hard time justifying the release of a full-blown PS3 hack if OtherOS was still there.

About the only upside to the whole ordeal is that PSN is more secure and we got free games. PSN did bounce back quickly... I agree that Sony handled the post-hack situation well, the welcome back program helped immensely.

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