Class Action Settlements: PlayStation 3
PS3 refers to Sony Computer Entertainment America’s PlayStation 3 console. The system is an advancement on Sony’s previous versions and offers built in Wi-Fi, music, huge storage for games, add-ons, videos and photos. It also has a built-in Blu-ray player and offers Netflix for streaming movies as well as its own store for purchasing and downloading hundreds of games, TV shows and movies.
In October 2009, a class action was filed in San Francisco against Sony over its mandatory software update program, called Firmware 3.0, which apparently caused thousands of PS3 consoles to crash and cause irreparable damage. The software was reputed to improve navigation and add a number of features.
Another software update program introduced after the problem became evident and designed to cure the problem caused consumers’ Blu-ray drives to malfunction.
The suit has demanded injunctive relief, compensation and restitution for breach of implied warranty, negligence and unjust enrichment.
Another class action was filed on April 27, 2010, against Sony over its removal of its Other OS feature from the PlayStation 3. Other OS was a feature in earlier versions of the PS3 that allowed Linux operating systems to be installed. Sony had offered firmware v3.21 that disabled the feature so that users could no longer install Linux, but it was not mandatory. Not utilizing the software, however, prevented users from enjoying a number of other features, including signing in to PlayStation network and playing a variety of more advanced and technical games that it offered.
The suit charges Sony with violating California’s Unfair Competition Law by restricting the PS3’s functionalities by its changing the System Software License at will and forcing consumers to accept the changes or to cease using their PS3.
Although Sony does not comment on pending litigation, some gaming experts feel that Sony removed the Other OS feature as a security measure to preclude potential hackers from invading the system and stealing a user's identifying information. Without a company's ability to upgrade or update its systems without the risk of a lawsuit, these experts feel that the gaming industry's future may be imperiled.
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