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I don't believe it for a second, but

Songbird

Prodigal Son
Giving away refunds at E3 makes me doubt this whole thing. For starters it's not a public event and how would this suit the plaintiffs who are probably all around the US?
 

androvsky

Member
hey_it's_that_dog said:
If it's not on the box, where was it advertised? People talking about it on the internet doesn't count (and that's where I can most easily remember hearing about it). I'm not trying to attack you or the side you're on, I'm just interested in the facts on this point.

Sony executives, mainly Phil Harrison and Kutaragi (huh, the two that are gone now...), talked up the linux feature a lot in interviews and trade show speeches. If an executive directly telling people about their product isn't an advertisment, then nothing is.
 

Safe Bet

Banned
Neuromancer said:
1. Not to the detriment of the consumer.

2. An option was taken from me. An option that was advertised by Sony.

3. ???
1. It could be argued fighting piracy and hacking is a benefit to consumers.

2. You can't watch porn (censorship) on a certain e-device any longer which advertised internet use as a feature yet no one, to my knowledge, made a "legal fuss" about it.

3. I hope Sony would do what it reasonably could to retain the good will of the customers who used the feature.



PS

This is all for argument's sake only, of course.
 

Truespeed

Member
Jackie Chiles is a partner with the law firm so this is 100% legit.

Jackie_Chiles_in_The_Maestro_Seinfeld.JPG
 

JWong

Banned
androvsky said:
Sony executives, mainly Phil Harrison and Kutaragi (huh, the two that are gone now...), talked up the linux feature a lot in interviews and trade show speeches. If an executive directly telling people about their product isn't an advertisment, then nothing is.
Because talking and promises are a binding contract. Actually, it isn't.
 
JWong said:
Because talking and promises are a binding contract. Actually, it isn't.
Depends on the jurisdiction. Verbal contracts are indeed binding in a lot of cases - this is especially simple since it was done in such a public manner by company executives and employees. I really don't see how this is even being debated, other than for "argument's sake." Advertising does not start and stop simply at what is printed on the product box.
 

Pein

Banned
kazuma_pt said:
yeah, i think most people will be out of luck, since it's been almost 4 years since the ps3 launched.
score I still have my best buy receipt from when I bought my 60gb
 

JWong

Banned
shidoshi said:
Where only a few people would care to look. Everyone who buys a PS3 will see the box.
GoldenEye 007 said:
Depends on the jurisdiction. Verbal contracts are indeed binding in a lot of cases - this is especially simple since it was done in such a public manner by company executives and employees. I really don't see how this is even being debated, other than for "argument's sake." Advertising does not start and stop simply at what is printed on the product box.
Yes it does start and stop at what's printed on the box. Are you saying that the verbal press conference promise is a contract? So only those who viewed the press conference have the contract while everyone else is screwed?

No, logically makes no sense. Verbal contract has no grounds.
 

Stumpokapow

listen to the mad man
Safe Bet said:
2. You can't watch porn (censorship) on a certain e-device any longer which advertised internet use as a feature yet no one, to my knowledge, made a "legal fuss" about it.

what device can you not watch porn on, i've never heard of such a device?
 

mollipen

Member
hey_it's_that_dog said:
That page also says Other OS isn't available under certain circumstances. I wouldn't consider it an advertisement or a promise of any kind.

What, exactly, would you consider an "advertisement" on Sony's part then?
 
JWong said:
Are you saying that the verbal press conference promise is a contract? So only those who viewed the press conference have the contract while everyone else is screwed?

No, logically makes no sense. Verbal contract has no grounds.
Yes, that is exactly what I am saying. The fact that it was done in a public manner can indeed lead to people buying a product because of said verbal announcement. It is completely irrelevant if a particular user happened to not tune into that specific announcement. The very fact that it was publicly announced and acknowledged as an officially supported feature is plenty - any lawyer could easily shove that in the face of a company.

For instance, I would not have any legal grounds if, with my Nexus One, T-Mobile started to charge and/or disabled tethering for my phone. Tethering is not officially acknowledged, supported, or mentioned at any point with them at any level within the company as far as I know. Therefore, I had no prior legitimate reason to buy my phone with tethering in mind.

If, however, T-Mobile offered a step-by-step guide for free tethering on the Nexus One on their website prior to the Nexus One launch, then later rescinded that feature for all users, people would have grounds to take action against T-Mobile. Since it was in a public setting(website, corporate announcement, whatever), there is a great chance that persons bought the phone with that particular feature in mind. Later changing that with no viable recourse for the user is nothing more than a classic bait and switch.

For the record, I do not believe anything from the website in the OP.
 
GoldenEye 007 said:
If, however, T-Mobile gave a press conference announcing the feature on the Nexus One prior to the Nexus One launch, then later rescinded that feature for all users, people would have grounds to take action against T-Mobile.

fixed
 

J-Rzez

Member
I'll believe it when I see it. Yes, it was a shoddy move on Sony's part, and they deserve to get what's coming to them. They need to learn from their arrogance that they've went into this gen with. They've been taking a beating for all they did, and this would probably top it off. Once again though, I'll believe it when I see my $300 from them.

Then again, I have to believe that if this does happen, they'll tell the court that their action is to reinstate said option with a firmware update rather than pay out that much money. Or, they'll give a extended warranty and free games. But I can't see them sending me a check for $300.
 

hey_it's_that_dog

benevolent sexism
shidoshi said:
What, exactly, would you consider an "advertisement" on Sony's part then?

An advertisement. "Buy a Playstation 3, it does this and that." Something intended for mainstream consumers that they may see without going to Sony's corporate web site.

You also ignored the part about how the page clearly states the circumstances under which the feature is unavailable.

If you want to refer to this page as evidence for what Sony promises, you can't ignore the disclaimer at the top in red text.
 

truly101

I got grudge sucked!
JUst curious, but for those who liked having a 3rd party OS on the PS3 or whatever, what advantages and uses did it have? I never kept up with it, never used it and didn't care when Sony nixed it.
 

JohngPR

Member
I never used Linux so I wasn't really affected by its removal.

As far as Sony giving consumers money, I find it very hard to believe they'd do that.

Even if they did, these type of court proceedings would take months, most of the time, years to resolved which makes this rumor hard to swallow.
 
shidoshi said:
What, exactly, would you consider an "advertisement" on Sony's part then?
Apparently a TV commercial or a billboard on the side of the road is the only thing some people consider to be an ad. :lol
 

Safe Bet

Banned
Stumpokapow said:
what device can you not watch porn on, i've never heard of such a device?
:lol

It was the iPhone or the Android.

Can't recall which because naturally I only remember the "NO PORN!" part of the story.

kazuma_pt said:
i think everyone should hire this guy!
He's currently serving a ban.

:(
 

Safe Bet

Banned
J-Rzez said:
reinstate said option with a firmware update
I prefer my consoles hack-free.


Edit:

Also...

I'm sure the lawyers at Sony placed a "We reserve the right to add/remove features as we see fit." clause somewhere.

Right?

I think that's how EA and Microsoft get away with shutting down servers for online games.
 

Slavik81

Member
Safe Bet said:
2. You can't watch porn (censorship) on a certain e-device any longer which advertised internet use as a feature yet no one, to my knowledge, made a "legal fuss" about it.
If you're referring to the iPhone, they only withdrew 'sexy' applications from the App store. There is no filtering on internet use to my knowledge.
 
Safe Bet said:
I'm sure the lawyers at Sony placed a "We reserve the right to add/remove features as we see fit." clause somewhere.

Right?

I think that's how EA and Microsoft get away with shutting down servers for online games.
Terms of Service or whatever don't override the law.
 

Slavik81

Member
Neuromancer said:
Terms of Service or whatever don't override the law.
That's true, but the terms of service are not irrelevant. They provide details about what promises they are making, which is important when your argument is that Sony has broken its promise to consumers.

That doesn't mean that the terms of service will actually be supported by the courts, because there are plenty of reasons why the fine print may be dismissed. But your argument here is no more than hand waving.
 
Slavik81 said:
That's true, but the terms of service are not irrelevant. They provide details about what promises they are making, which is important when your argument is that Sony has broken its promise to consumers.

That doesn't mean that the terms of service will actually be supported by the courts, because there are plenty of reasons why the fine print may be dismissed. But your argument here is no more than hand waving.
Well we'll see what happens in court with these lawsuits. Until then I will continue to wave my hands.
 

Safe Bet

Banned
Slavik81 said:
If you're referring to the iPhone, they only withdrew 'sexy' applications from the App store. There is no filtering on internet use to my knowledge.
Damnit...

Foiled Again!

107rtsl1.gif
 

Stumpokapow

listen to the mad man
I have like half the people on this page on ignore so I don't know if it's been mentioned yet, but the news post is gone from the law firm's website and my suspicion is thus obviously confirmed.

Also, mad love to the random euro ps3 blogs who sourced my post on this topic. Who said the Ukraine was weak and feeble? Not me.
 

Bit-Bit

Member
Listen, Sony needs to stay alive. The PS3 is currently my favority Blu-Ray player. I bought it 3 or 4 years ago and it's still beating other blu-ray players out now. I don't even need to spend another 300 dollars for a 3DBD player because Sony's hardware is just that awesome. So screw you guys if you want to destroy a company that made such a great machine.

Also, it plays Metal Gear Solid 4.
 

Slavik81

Member
Neuromancer said:
Well we'll see what happens in court with these lawsuits. Until then I will continue to wave my hands.
To be clear, my argument doesn't make any claim either way as to which side will win the lawsuit. I was just trying to say that you didn't really address his point. To do that, you'd need to elaborate at least on how their terms are illegal.
 
rainking187 said:
He calls the removal of a feature that like 4 people used the worst anti-consumer move in the industry.

No he didn't.

He said that a company purposefully breaking functionailty in someone's privately-owned property, an act which has every benefit to the company and zero benefit to the owner, is one of the worst anti-consumer moves in the industry.

Which it is. Absolutely.

If they aren't stopped within the gen, if this action is permitted, then we're going to go down a very slippery slope indeed.
 

DSc

Member
Was this a hack then? Looks like the article's been taken down...

EDIT: Totally didn't see the posts above. Sorry!
 
Email 1 said:
Good afternoon,

Over the weekend, an unauthorized post was made by hackers on our website regarding the status of the Sony “Other OS” PlayStation 3 class action. We have removed the post and we are in the process of investigating the source of this unauthorized, malicious posting. Contrary to the information appearing in that post, there has not been a ruling on this case, nor a resolution of this matter.

The action against Sony is still pending. Since MDPCE filed the first lawsuit on April 27, 2010, five additional class actions have been filed seeking compensation for owners of PS3 consoles (other than the slim) in the United States and its territories. All of the cases are now pending before the Honorable Richard Seeborg, a federal district judge for the Northern District of California. The law firms who filed the class actions are scheduled to appear before the judge on July 15, 2010, to discuss consolidating the class actions into one case and coordinating the structure of class action leadership among the law firms. A further update will be available after the July 15 hearing.

Please feel free to contact me if you have any questions or concerns.

[Name redacted for privacy]

Meiselman, Denlea, Packman, Carton & Eberz P.C.
Email 2 said:
Mr. [Neuromancer]:

I am the filing attorney on the Sony Other OS class action. I just wanted to send you a separate email thanking you for taking the time to send us your email over the weekend. As noted in the email you just received, we were able to remove the unauthorized post.

[Name redacted for privacy]

Meiselman, Denlea, Packman, Carton & Eberz P.C.
That's right I blew the whistle :D
 

Hex

Banned
Awwww.
I could already see all of those who never once touched the other OS feature on their PS3 already drooling and spending their imaginary monies too.
I thought it was so credible :(
 
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