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Friday, February 25, 2011

Playstation 3 Owners Lose Court Battle Against Sony

Posted By on Fri, Feb 25, 2011 at 3:39 PM

click to enlarge This does not resemble a personal computer
  • This does not resemble a personal computer

Playstation 3 owners who have been grousing over their video game gadgets have something more to complain about.

A federal judge has dismissed most their claims filed in a class action lawsuit against Sony last year. A group of gamers accused the entertainment giant of duping them into buying what they thought was both a Playstation 3 and a personal computer.

In the lawsuit, which was filed in San Francisco, Playstation 3 owners say Sony defrauded them by touting the new Playstation 3 as a personal computer, allowing users to play games, surf the web, and watch films.

They accuse the company of unfair competition, breach of warranty, and computer fraud. But on Feb. 17, a federal judge dismissed most of those claims.

PS3 owners argued that Sony touted the "OtherOS" operating system installer that would allow them to use the gadget as a personal computer. A hacking incident later forced Sony to release a software update to PS3 owners, which disabled the popular operating system, according to the complaint.

Sony claims owners didn't have to install the updated software. Yet plaintiffs argue otherwise, saying without the update owners have limited access to online features and new games.

A federal judge tossed the complaint, saying PS3 owners failed to "state a claim," according to the lawsuit.

While plaintiffs say Sony told them the Playstation 3 was "clearly a computer," a federal judge said that could not be taken as a promise and therefore there was no breach of warranty.

The plaintiffs now have until March 11 to amend their complaint.

Hat Tip: Court House News
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About The Author

Erin Sherbert

Erin Sherbert

Erin Sherbert was the Online News Editor for SF Weekly from 2010 to 2015. She's a Texas native and has a closet full of cowboy boots to prove it.


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