The Sony Class Action's First Amended Complaint, as text - Updated
Mar 14, 2011, 22:05 (0 Talkback[s])
(Other stories by Pamela Jones)
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"Here it is as promised, all 98 pages of it, the Sony class
action's First Amended Complaint [PDF] in In Re SONY PS3 "Other OS"
Litigation, as text. This is the litigation by customers who are
angry that they lost Linux functionality on their Playstation 3s.
The judge ruled their original complaint was lacking in facts
sufficient to state a claim, and he dismissed all their claims but
one. However, he gave them the opportunity to refile and provide
more facts. And provide some they surely have!
"At the center of the plaintiffs' claims, if the judge allows
them this time, is the idea of fairness, that people paid extra to
get Linux functionality, and then they either had to give it up to
keep gaming or retain OtherOS but lose gaming. Either way, they
lost something of value that they had paid for. The PS3 wasn't sold
as just a gaming console. It was advertised as a complete computer
that could game and do everything else that a real computer could
do besides. That's why they paid extra for it, rather than buying a
simple game console. So when Sony issued the firmware "update" that
presented the Hobson's Choice -- lose either OtherOS or gaming --
people lost what they paid for."