Sony Wins Class Action

The US court has delivered their ruling regarding the OtherOS class action law suite. And I'm sure many wont be surprised as to which way the verdict went.

The flaw in plaintiffs analogy is that they are claiming rights not only with respect to the features of the PS3 product, but also to have ongoing access to an internet service offered by Sony, the PSN. A somewhat fanciful, but more apt, analogy would be if Toyota sold hybrid vehicles with an advertisement campaign touting that Toyota owners would have access to a recreational driving facility, a no-speed limit amusement park for cars. Then, at some time thereafter, Toyota instituted a rule that its hybrids would not be permitted in the park unless the owners allowed the battery feature to be disabled. In those circumstances, Toyota hybrid owners who declined to authorize disabling of the battery feature would still have fully-functional hybrid vehicles, capable of running on an electric motor or a gasoline engine, as appropriate under the conditions. Similarly, PS3 owners who declined to install Firmware Update 3.21 still have fully-functioning devices, capable of either being used as game consoles to play games on optical disks, or as computers, with the Other OS feature. While plaintiffs would characterize the ability to access the PSN as a fundamental feature of the PS3 itself, it cannot be disputed that the feature is dependent on something outside the actual device—i.e., the continued existence of the PSN. Additionally, plaintiffs acknowledge that installation of Firmware Update 3.21 was entirely at the discretion of the user; indeed they have proposed separate subclasses for those who did chose to download it and those who did not. The choice may have been a difficult one for those who valued both the Other OS feature and access to the PSN, but it was still a choice.

IV. CONCLUSION: 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.

Source: Court House News

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