According to IGN, Sony has moved to dismiss the class action lawsuit raised against them after they removed the “Other OS” feature with a firmware update. The lawsuit was originally seven separate claims that a California judge combined into one filing.
Sony claims that they removed the ability to add another operating system to the PlayStation 3 in April in an attempt to curb use of the system for piracy. In doing so, other groups such as homebrewers, researchers and even the U.S. Military suffered collateral damage. Sony believe that they were within their right to do so as users are merely licensing the software on the PS3 and they have the right to enable or disable features as necessary.
According to the motion filed by Sony’s lawyers, “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. 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 also claims that they never advertised the “Other OS” option as a significant feature, and the lawsuit “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.”
The two sides will meet before a judge on November 4th to make their arguments about the dismissal of the case. Until then, both sides will continue to prepare for the case as if it were going to court.
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