PS3 System Updates

You don't have a Ps3 and just made an account to post this? -.-

Get your Portable ID!

Considering the feature wasn't actually advertised, you are in fact mistaken. 

Also the fact that you are just a student, means you only think you know what you are talking about.

/thread

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Jaecyn42 wrote:

Hello all,

I noticed there was some consternation on this topic, so I thought I'd toss my hat in the ring.  I apologize for creating yet another thread on the subject, but the others had grown trollish enough in tone and tenor that I felt a new one was merited. 

 

First and foremost, let me fully qualify my opinion on the matter:

 

I'm not a PS3 user (in fact, I own a 360), so this change does not personally effect me.  I actually created this account for the sole purpose of discussing this issue.

 

I am, however, a Law Student and an ardent suporter of Consumer Rights (especially in the tech industry), FOSS, net neutrality and that ilk. As such, I have a very strong personal interest in the matter.

 

That being said, after examining the relevant web content on Sony's website, as well as the FTC's website, I can say with a degree of certainty that the proposed Firmware update WOULD, in fact, violate US Consumer Protection Laws.

 

My sources:

http://www.ftc.gov/bcp/guides/baitads-gd.htm

http://manuals.playstation.net/document/en/ps3/current/settings/osinstall.html

 

The case is quite simple.

 

The FTC defines "advertisement" as "any form of public notice however disseminated or utilized."  In this case, the second Sony owned and maintained website, detailing how to install an alternate OS on a PS3.  In a legal sense, Other OS is an advertisement feature of the applicable models of the Sony PS3.

As such, Sony is legally obligated to honor that advertisement.  Should they disable Other OS with the oncoming Firmware update, they would be committing an ex post facto "Bait and Switch", according to US Consumer Protection Laws.

 

This being said, I highly encourage all PS3 users who feel jilted by this change to stick to your guns.  Post in the forums, call their customer service hotline and, should the need arise, find a Class Action suit to join.  Despite what the detractors may say, the law IS, in fact, on your side.

 

Peace, Love and Empathy,

 

           Jaecyn42

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nice try.  they have never advertised the other OS as a core feature.  doesn't count.  

Get your Portable ID!

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Jaecyn42 wrote:

From the FTC's website:

 

Sec. 238.4 Switch after sale.

No practice should be pursued by an advertiser, in the event of sale of the advertised product, of "unselling" with the intent and purpose of selling other merchandise in its stead. Among acts or practices which will be considered in determining if the initial sale was in good faith, and not a stratagem to sell other merchandise, are:

(a) Accepting a deposit for the advertised product, then switching the purchaser to a higher-priced product,

(b) Failure to make delivery of the advertised product within a reasonable time or to make a refund,

(c) Disparagement by acts or words of the advertised product, or the disparagement of the guarantee, credit terms, availability of service, repairs, or in any other respect, in connection with it,

(d) The delivery of the advertised product which is defective, unusable or impractical for the purpose represented or implied in the advertisement. [Guide 4]

 

http://www.ftc.gov/bcp/guides/baitads-gd.htm

 

This situation verily does apply to the FTC's law on Bait and Switch, particularly the language in bullets (b) and (c).

 

Like it, or not, Sony is obligated by law to keep the Other OS function on models which it has advertised (according the FTC's definition of advertisement) as having that function.  To do otherwise would be a failure to deliver the advertised product and a disparagement of the guarantee made by Sony in that advertisement.

 

 

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again, nice try.  you're taking something that only applies to the initial sale of the product completely out of context.

Get your Portable ID!