Sony asks Judge to dismiss "Other OS" lawsuits!

[garyopa]

Sony has finally replied to the various "Other OS" lawsuits filed against them, when Sony was forced to update all PS3 consoles to v3.21, to close out the security hole found by GeoHot that used a button-smashing data line exploit to trigger an Hypervisor bypass during the PS3 boot-up into Linux.

Sony contends the plaintiffs' claims that the company advertised the Other OS feature the later removed it - depriving PS3 users of software features - is contradicted by the explicit terms stated in SCEA's written express warranty, the System Software License Agreement and the PSN Terms of Service.

"These contracts specifically provide PS3 purchasers with a license, not an ownership interest, in the software and in the use of the PSN, and provide that SCEA has the right to disable or alter software features or terminate or limit access to the PSN, including by issuing firmware updates," the motion reads. "Plaintiffs therefore cannot succeed in any of their claims because SCEA's alleged alteration/disablement of PS3 features including the Other OS, was entirely proper and authorized."

Sony's motion also said the complaint fails to provide any mass media advertising campaign, statements by SCEA, or PS3 packaging that referenced the 'Other OS' feature.

"Instead, it includes a mix of quotes drawn from obscure articles and unrelated third party publications, and a smattering of out of context and incomplete references to a few pages of SCEA's website and user manual," Sony said.

Sony went on to list several reasons why the court should strike the class allegations from the complaint and pointed to the fact all plaintiffs did not use the Other OS feature in the same manner, if at all.

"One plaintiff never installed Linux during the more than two years he owned his PS3; two plaintiffs used the Other OS feature only to do things equally available through the PS3 native operating system; one plaintiff supposedly also played Linux-specific games; and the last plaintiff used Linux extensively, including for electronic mail, word processing, spreadsheet software, and other 'productivity applications.'"

Sony later referenced various message board postings from PS3 owners admitting they had "no idea that the PS3 even had an Other OS function or Linux functionality."

The company also cited numerous postings from owners who stated they "did not purchase the PS3 because of the Other OS feature and did not use it" and others saying they downloaded the update because "they did not care about the Other OS feature."

Both parties will be meeting face to face in-front of a Judge, on Nov. 4, 2010 to get his answer if he will agree with Sony in dismissing these lawsuits.

Find attached the full legal files of Sony reply to the "Other OS" lawsuits.

News Source: http://uk.ps3.ign.com/articles/112/1121709p1.html

[GeneralMurdock]

Who have more money ? Sony or a regular citizen ?

It's pretty clear to me that justice will not happen in this case.

[squarepusher2]

This is why it's good that PSJailbreak/PSgroove has happened.

You can rationalize all you want, but one way or another all the worldwide corporations have decided they are God and that their EULAs/Terms of Services are the LAW - consumer rights be damned.

Someone has to stand up against that kind of abuse - and if it's pirates and coders that step up to the plate, then I will applaud them in their efforts.

Signing petitions and trying to reason with these companies is not going to get you anywhere - they didn't climb their way to the top by being friendly.

Take this OtherOS case for example - they just put the thought out there that the average consumer does not have a leg to stand on, and that since they are bound to an EULA that most of them have never even read because of its cryptic and boring contents, that they are allowed to do everything they want with the system that they SOLD TO YOU.

Intellectual copyright laws and things like ACTA are pro-corporations and anti-consumer - in fact, the consumer is being relegated to the level of a feudal serf under these measures.

[dualdeath]

seeing that $ony even won the case in australia.. means they will win this as well.. sad truth, the side with more money most likely wins in court..

[whiteclad57]

Sony contends the plaintiffs' claims that the company advertised the Other OS feature the later removed it - depriving PS3 users of software features - is contradicted by the explicit terms stated in SCEA's written express warranty, the System Software License Agreement and the PSN Terms of Service.

"These contracts specifically provide PS3 purchasers with a license, not an ownership interest, in the software and in the use of the PSN, and provide that SCEA has the right to disable or alter software features or terminate or limit access to the PSN, including by issuing firmware updates," the motion reads. "Plaintiffs therefore cannot succeed in any of their claims because SCEA's alleged alteration/disablement of PS3 features including the Other OS, was entirely proper and authorized."

Sony's motion also said the complaint fails to provide any mass media advertising campaign, statements by SCEA, or PS3 packaging that referenced the 'Other OS' feature.

"Instead, it includes a mix of quotes drawn from obscure articles and unrelated third party publications, and a smattering of out of context and incomplete references to a few pages of SCEA's website and user manual," Sony said.

Sony went on to list several reasons why the court should strike the class allegations from the complaint and pointed to the fact all plaintiffs did not use the Other OS feature in the same manner, if at all.

"One plaintiff never installed Linux during the more than two years he owned his PS3; two plaintiffs used the Other OS feature only to do things equally available through the PS3 native operating system; one plaintiff supposedly also played Linux-specific games; and the last plaintiff used Linux extensively, including for electronic mail, word processing, spreadsheet software, and other 'productivity applications.'"

Sony later referenced various message board postings from PS3 owners admitting they had "no idea that the PS3 even had an Other OS function or Linux functionality."

The company also cited numerous postings from owners who stated they "did not purchase the PS3 because of the Other OS feature and did not use it" and others saying they downloaded the update because "they did not care about the Other OS feature."

Well lets see.
They didn't release otheros until about a year after they released the ps3 and not a working linux revision til about 2 yrs so the first guy couldn't install linux.
Second, sony considers things equivalent like watching a movie not watching a mkv movie or playing flac music.
Third, the users who never knew there was otheros only bought slim ps3's.

Do you see how sony tries to put this in their favor by generalizing information to make it misleading.

[Tim.Fred.007]

as an employee in an electronics store, i have personally sold many PS3's to people who wanted to use it as a bluray player, that NEVER play a game on it.

so sony.. i have people that will admit they will never use the game playing features of the PS3, so are you going to remove those features now? HA you retards, try and remove the foot from your mouth now

<quote>
The company also cited numerous postings from owners who stated they "did not purchase the PS3 because of the Other OS feature and did not use it" and others saying they downloaded the update because "they did not care about the Other OS feature."
</quote>

on a side note, for those of you who want to know why the PS3 is the best Bluray player (fact not opinion... for now)here is why:

1. wireless internet connection, all bluray players were designed with a new state of the art anti-piracy system... updates for the player, so that you can play the latest discs with whatever new copy protection they come out with. updates are achieved by an internet connection (or a free disc provided by ???) what this translates into is well, ease of use. where is your router, now where is your bluray player... do you really want to run an ethernet cord that long distance? when one of these updates come out? dont have to! its wireless :)

2. the PS3 is a state of the art, high power computer... what that translates into is fast loading times (bastard bluray discs and load times) many times faster than any other bluray player i have seen.

3. (ooh not any more bitches!) a card reader so that you can take the memory card reader out or your camera, put in in your PS3 (any memory card btw) and view it in full 1080 glory, you also had minor manipulation abilities (like zoom) all without a computer.

4. surround sound optical output (the better digital transferer..er) however the wired method would have been nice (for flexibility.. about half the players have both) translates into sort of a wash since it dont have both

5. ultimate flexibility, as the most popular bluray player, features are likely to be added (sony also says **** you, and takes them back apparently). 3d was added.

6. optional bluetooth remote. what this translates into is that the remote is not line-of-sight. in other words, i can be two floors up and one floor over and if i press a button, the PS3 receives that command.

7. this bluray player happens to be able to play PS3 games :) (not PS2... bastards)

so sony, will you be takeing the games away from us now? i did find people who dont use that feature.

on another side note the account Tim_Fred_007 is apparently taken, as none of my passwords work, good job, steal my name you creative bastard child

[annabeth]

Aero-mach bought the lulz along with the failure

[GeneralMurdock]

as an employee in an electronics store, i have personally sold many PS3's to people who wanted to use it as a bluray player, that NEVER play a game on it.

so sony.. i have people that will admit they will never use the game playing features of the PS3, so are you going to remove those features now? HA you retards, try and remove the foot from your mouth now

<quote>
The company also cited numerous postings from owners who stated they "did not purchase the PS3 because of the Other OS feature and did not use it" and others saying they downloaded the update because "they did not care about the Other OS feature."
</quote>

on a side note, for those of you who want to know why the PS3 is the best Bluray player (fact not opinion... for now)here is why:

1. wireless internet connection, all bluray players were designed with a new state of the art anti-piracy system... updates for the player, so that you can play the latest discs with whatever new copy protection they come out with. updates are achieved by an internet connection (or a free disc provided by ???) what this translates into is well, ease of use. where is your router, now where is your bluray player... do you really want to run an ethernet cord that long distance? when one of these updates come out? dont have to! its wireless

2. the PS3 is a state of the art, high power computer... what that translates into is fast loading times (bastard bluray discs and load times) many times faster than any other bluray player i have seen.

3. (ooh not any more bitches!) a card reader so that you can take the memory card reader out or your camera, put in in your PS3 (any memory card btw) and view it in full 1080 glory, you also had minor manipulation abilities (like zoom) all without a computer.

4. surround sound optical output (the better digital transferer..er) however the wired method would have been nice (for flexibility.. about half the players have both) translates into sort of a wash since it dont have both

5. ultimate flexibility, as the most popular bluray player, features are likely to be added (sony also says **** you, and takes them back apparently). 3d was added.

6. optional bluetooth remote. what this translates into is that the remote is not line-of-sight. in other words, i can be two floors up and one floor over and if i press a button, the PS3 receives that command.

7. this bluray player happens to be able to play PS3 games (not PS2... bastards)

so sony, will you be takeing the games away from us now? i did find people who dont use that feature.

on another side note the account Tim_Fred_007 is apparently taken, as none of my passwords work, good job, steal my name you creative bastard child

Sorry but I must disagree.

I'm owner of a 103 inches in 2.40:1 format ava projecta screen + a full hd panasonic pt-ae4000u projector calibrated with Eye-One Display LT.

The ps3 as a blu-ray player is far from being a good player.

I'm owner of an Oppo BDP-83 and the difference is just monstrous. Specially in sound.

I'll not take this deep in details and I'm not sure if I can post links to other forum. But AVS forum is a good place to start reading. There is a thread named "how's sony ps3 vs Oppo BDP-83" and you will be able to see the tests that oppo can handle and the ps3 don't.

About the loading time, the Oppo is so fast that you can put the disc and when you reach the couch the movie will be on the screen.

2 DACs inside the Oppo for fantastic analog sound. And incredible sound management over HDMI.

And so on..

the ps3 is the best cost benefit no doubt but the difference for an enthusiastic player like Oppo BDP-83 is just huge.

[dualdeath]

Sorry but I must disagree.

I'm owner of a 103 inches in 2.40:1 format ava projecta screen + a full hd panasonic pt-ae4000u projector calibrated with Eye-One Display LT.

The ps3 as a blu-ray player is far from being a good player.

I'm owner of an Oppo BDP-83 and the difference is just monstrous. Specially in sound.

I'll not take this deep in details and I'm not sure if I can post links to other forum. But AVS forum is a good place to start reading. There is a thread named "how's sony ps3 vs Oppo BDP-83" and you will be able to see the tests that oppo can handle and the ps3 don't.

About the loading time, the Oppo is so fast that you can put the disc and when you reach the couch the movie will be on the screen.

2 DACs inside the Oppo for fantastic analog sound. And incredible sound management over HDMI.

And so on..

the ps3 is the best cost benefit no doubt but the difference for an enthusiastic player like Oppo BDP-83 is just huge.

you're just talking about a bluray player.. on the other hand.. he is talking about the ps3 as a whole and why it is the best bluray player is because it does a lot more things and can equally compete with other expensive bluray player.. i don't think your Oppo BDP-83 could play killzone2 or Uncharted does it?

[Tim.Fred.007]

exactly right, and i wont even to bother looking up what the other high end device you mentioned can do, as it just sounds expensive and will be far out of what common people can buy. and availability? find one at walmart lol

it still probably dont do wireless, (in your case, im sure your theater was built around your player, and thus have ethernet running to it)

no bluetooth remote (no bigie)

might do picture and video via usb

probly no internet

... they focused on audiofile things instead of features WE can use

EDIT: the reason i made this public was to point out sony's stupidity anyway (using a minority as a scape-goat to remove a feature.. i just did the same and used a minority as an excuse to remove gameing capibility)