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.
1. It could be argued fighting piracy and hacking is a benefit to consumers.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. ???
Because talking and promises are a binding contract. Actually, it isn't.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.
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.
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.JWong said:Because talking and promises are a binding contract. Actually, it isn't.
score I still have my best buy receipt from when I bought my 60gbkazuma_pt said:yeah, i think most people will be out of luck, since it's been almost 4 years since the ps3 launched.
Where only a few people would care to look. Everyone who buys a PS3 will see the box.shidoshi said:
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?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.
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.
shidoshi said:
Stumpokapow said:what device can you not watch porn on, i've never heard of such a device?
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.
Yes, a professional lawyer would.surly said:Agreed. Would a professional law firm make mistakes like this?.......
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.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.
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.
Either way it is publicly accessible. Same difference.anonymousAversa said:fixed
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. :lolshidoshi said:What, exactly, would you consider an "advertisement" on Sony's part then?
:lolStumpokapow said:what device can you not watch porn on, i've never heard of such a device?
He's currently serving a ban.kazuma_pt said:i think everyone should hire this guy!
Android allows everything.Safe Bet said::lol
It was the iPhone or the Android.
Can't recall which because naturally I only remember the "NO PORN!" part of the story.
I prefer my consoles hack-free.J-Rzez said:reinstate said option with a firmware update
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: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.
Terms of Service or whatever don't override the law.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.
MidnightScott said:Can you close this now? N4G picked up on Stumpakow's post.
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.Neuromancer said:Terms of Service or whatever don't override the law.
Well we'll see what happens in court with these lawsuits. Until then I will continue to wave my hands.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.
Damnit...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.
Mama Robotnik said:What Sony have done is one of the worst anti-consumer moves in the history of the industry, and they should be made to pay back every penny.
I don't see the joke...SuperSonic1305 said:Wow. :lol
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.Neuromancer said:Well we'll see what happens in court with these lawsuits. Until then I will continue to wave my hands.
Boney said:I don't see the joke...
rainking187 said:He calls the removal of a feature that like 4 people used the worst anti-consumer move in the industry.
They probably had a ridiculous spike in web traffic today, heh.Neuromancer said:Article is gone, I guess someone wised up.
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.
That's right I blew the whistleEmail 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.