Under these circumstances, it cannot be said that Sony “unilaterally took away a fundamental feature of a product after that product [was] sold to a consumer.” Rather, Sony unilaterally imposed a requirement that PS3 owners who wanted continued access to the PSN service would have to allow the Other OS feature in their machines to be disabled. As a consequence, for Sony’s conduct to have been in any manner wrongful, it is not enough for plaintiffs to show that they have a right to expect continued availability of the Other OS feature beyond the warranty period, but also a right to continued access to the PSN.
The dismay and frustration at least some PS3 owners likely experienced when Sony made the decision to limit access to the PSN service to those who were willing to disable the Other OS feature on their machines was no doubt genuine and understandable. As a matter of providing customer satisfaction and building loyalty, it may have been questionable. As a legal matter, however, plaintiffs have failed to allege facts or to articulate a theory on which Sony may be held liable. The motion to dismiss is granted, without leave to amend. The motion to strike is denied as moot. A separate judgment will issue.
Download: OtherOS Final Judgement.pdf
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