Here is and interesting Sony’s defense on this matter:
One of Sony’s defenses is rather interesting, as the company claims that it had no way of knowing gamers who bought the hardware would want to use these functions for the life of the system, and the multiple warranties and Terms of Service all said that Sony had the right to remove functions from the hardware.
To establish the implied warranty of fitness existed, Plaintiffs must allege that SCEA had “reason to know” of their special purpose, i.e., to use the PS3 in perpetuity for all advertised features and functions including the Other OS; that Plaintiffs relied on SCEA’s expertise; and that SCEA had “reason to know” of their reliance on the continued availability of all features and functions. Plaintiffs have not only failed to allege these requisite facts, they indeed cannot due to the explicit language of SCEA’s Warranty, SSLA, and Terms of Service. Specifically, because SCEA had the right to terminate or alter any feature or function, it had no reason to believe that Plaintiffs purchased their PS3s particularly with the expectation and belief that all features, including the Other OS, would be available for the “life” of the PS3.
So in a nutshell Sony is saying that after your warranty is up, they can remove what ever feature they want. If you wanted to keep your OtherOS, they all you had to do was not update, however by not updating you then loose PSN feature, making this a loose-loose situation. It will be very interesting how Sony will defend against this in court. Karmas a bitch isn’t it?
Source: ArsTechnical
Daily Digest
Recent Threads
Recent Comments
vBulletin Message