Reply
Dec 04 2009
By: Shruggy Lombax Warrior 233 posts
Offline

Sony Trying To Dismiss The 3.00 Lawsuit

54 replies 10 views Edited Dec 4, 2009

Sony are trying to get that lawsuit which was filed about firmware 3.00 to be thrown out of court, this is usually what companies will do and I really hope this request gets denied and it goes further because I really want Sony to have to prove what the firmware really does and what it really affects, even if they dont ever get found guilty.

 

Sony also had the gall to say that the guy in questions PS3 was only 'degraded' and not made inopperable by the update. Thats a real cheap shot because in Sony's world if your PS3 even turns on (everything else doesnt have to work) then they consider it working! If your PS3 doesnt play discs they dont care!, thats just considered 'degraded' performance. I laugh because seeing as the games are Blu Ray disk based the console, without that functionality, is mostly useless.

 

As a victim of an update (Blu Ray drive) I was able using the recovery console to get back some drive functionality after the console not reading anything for over a year. If I could do that with just some firmware reflashing (or whatever it did) I find it amazing that Sony are still denying there arnt issues. And there is of course all the others who have had tons of other issues like their controllers not connecting.

 

Here is the quote,

 

Lawyers for Sony Computer Entertainment America (SCEA) plan on seeking a dismissal of a class-action suit alleging firmware updates for the PlayStation 3 weren’t adequately tested, freezing some consoles and rendering the Blu-ray Disc drive inoperable on others.

According to court documents, SCEA will seek the dismissal Dec. 21 in U.S. District Court in San Francisco, alleging the plaintiff, Florida resident John Kennedy, filed “deficient” claims against the company.

“Based on nothing more than the notion that his PS3 was ‘degraded’ by Firmware 3.0, Kennedy seven district claims for relief in a consummate example of shotgun pleading,” the court filing reads. “Kennedy offers a laundry list of claims that necessarily depend on facts notably missing from the complaint.”

Kennedy’s suit accuses SCEA of negligence, breach of implied warranty, misrepresentation, unjust enrichment, and violations of California-specific business and consumer laws. SCEA’s filing picks apart each claim — except negligence. The filing makes no assertion that the firmware update did or did not cause problems to some machines.

The filing argues that since Kennedy’s PS3 was damaged following the Sept. 1 firmware release, and not when he purchased the gaming console, there was no breach of implied warranty. The filing also notes that Kennedy’s PS3 did not completely fail.

“In this case, Kennedy does not allege that his PS3 failed completely — i.e., that it is unable to perform its basic function as a gaming and movie console,” the filing reads. “Instead, he only alleges that it was ‘degraded’ and he ‘lost value’ in it, thereby implicitly admitting that his console is still operative and merchantable.”

The filing also notes that Kennedy can’t prove that SCEA intended to damage any PS3s, and if he could, “the resulting damage must be intentional.” Kennedy and others on gaming forums also have complained that SCEA is charging consumers $150 each to repair the machines. To that complaint, SCEA responded: “California law does not recognize an independent claim for ‘unjust enrichment.’”

A second class-action lawsuit has been filed in U.S. District Court in San Francisco regarding firmware updates 3.0 and 3.01, this time on behalf of two residents, one in Texas the other in Iowa.

Alleging the same problems Kennedy and others encountered, and seeking similar damages, SCEA has asked for the two suits to be heard in the same court.

Please use plain text.
Message 1 of 55 (10 Views)
Sackboy
Registered: 03/23/2006
Offline
555 posts
 

Re: Sony Trying To Dismiss The 3.00 Lawsuit

Dec 4, 2009
Sounds like Sony's lawyer(s) have brought up some good points to me.  I know that's not what you want to hear but if you read it without bias it is the truth.
Please use plain text.
Message 2 of 55 (10 Views)
Lombax Warrior
Registered: 11/22/2007
Offline
170 posts
 

Re: Sony Trying To Dismiss The 3.00 Lawsuit

Dec 4, 2009
they are cowards...not admitting anything as it seems so obvious the update has caused problems to not afew, but MANy people around the same time almost at once and yet, they have the nerves to say it is not a firmeware issue.
Please use plain text.
Message 3 of 55 (10 Views)
Fender Bender
Registered: 06/20/2009
Offline
4175 posts
 

Re: Sony Trying To Dismiss The 3.00 Lawsuit

Dec 4, 2009

FreakySteelX wrote:
they are cowards...not admitting anything as it seems so obvious the update has caused problems to not afew, but MANy people around the same time almost at once and yet, they have the nerves to say it is not a firmeware issue.

 

again, the person who filed the suit has a console that is STILL under warranty. 
Please use plain text.
Message 4 of 55 (10 Views)
Reply
0 Likes
Uncharted Territory
Registered: 08/13/2009
Offline
1933 posts
 

Re: Sony Trying To Dismiss The 3.00 Lawsuit

Dec 4, 2009

FreakySteelX wrote:
they are cowards...not admitting anything as it seems so obvious the update has caused problems to not afew, but MANy people around the same time almost at once and yet, they have the nerves to say it is not a firmeware issue.

How about you stop making ridiculous claims without any proof. Over a thousand PS3's die every day if the normal failure rate is just 5%, PS3's dieing not new, people just thought it was related because it happened on the same day but every day they die...

Please use plain text.
Message 5 of 55 (10 Views)
Sackboy
Registered: 03/23/2006
Offline
555 posts
 

Re: Sony Trying To Dismiss The 3.00 Lawsuit

Dec 4, 2009

FreakySteelX wrote:
they are cowards...not admitting anything as it seems so obvious the update has caused problems to not afew, but MANy people around the same time almost at once and yet, they have the nerves to say it is not a firmeware issue.
Look, the onus is on Mr. Kennedy to prove without a doubt that Sony's firmware caused his PS3 to stop functioning and not the other way around.  Sony doesn't have to "admit" to anything until the case reaches a court of law and even then the burden of proof is on Mr. Kennedy. 

 

Please use plain text.
Message 6 of 55 (10 Views)
Sackboy
Registered: 10/01/2009
Offline
474 posts
 

Re: Sony Trying To Dismiss The 3.00 Lawsuit

Dec 4, 2009
Sony would attempt this court tactic even if they were observed stabbing a customers ps3 on live television.  Sony has refused to provide any evidence that their update is safe for every ps3.  PlayStation users and private news sources have accumulated enough evidence to support the update being the prime suspect of the sharp increase in "dead" drives.  Now it's Sony's turn to fess up or defend their position.  It's sad that some of you will belittle the original poster just because your annoyed that he is posting in what you think is your forum.


Proudly using 3.15 so as to retain my advertised feature of other-os.

Sony refuses to prove that your bluray drive did not "die" from a 3.xx update. Decide for yourself and ignore the ignorance.


Get your Portable ID!
Please use plain text.
Message 7 of 55 (10 Views)
Fender Bender
Registered: 06/20/2009
Offline
4175 posts
 

Re: Sony Trying To Dismiss The 3.00 Lawsuit

Dec 4, 2009

RobotNinjaDeath wrote:
Sony would attempt this court tactic even if they were observed stabbing a customers ps3 on live television.  Sony has refused to provide any evidence that their update is safe for every ps3.  PlayStation users and private news sources have accumulated enough evidence to support the update being the prime suspect of the sharp increase in "dead" drives.  Now it's Sony's turn to fess up or defend their position.  It's sad that some of you will belittle the original poster just because your annoyed that he is posting in what you think is your forum.
no one is belittling the OP.
what's your concrete evidence (please note that i am not asking this in an antagonistic manner)? who are these private new sources? 
i know you've done some testing in linux to see if your drive was in fact dead, and i know you are able to (at least for a short period of time) use your BD in the XMB.  have you tried watching a movie (since you are technically unable to play a PS3 game) while you're in linux? does it freeze after 15 minutes when you're not in the XMB? 

 

Please use plain text.
Message 8 of 55 (10 Views)
Sackboy
Registered: 10/01/2009
Offline
474 posts
 

Re: Sony Trying To Dismiss The 3.00 Lawsuit

Dec 4, 2009

ziggurcat,

What you mean my concrete evidence is only known by Sony because they suspiciously refuse to provide any service data on the ps3.  I have provided plenty of evidence and logic to warrant an in depth investigation or lawsuit.  The 3.xx update is THE variable in this equation.  If drives were "dying" randomly and without this one common variable then it would most likely be average hardware failure.  However, the surge in complaints that all have one common variable makes the update the prime suspect.  Sony has refused to back its product or investigate the issue publicly.  Their tech support is lying to consumers about the issue as well.  The lawsuits are justified.  I prefer not to ramble on about symptoms again.  If you were truly interested in this you can always read into it yourself (with an open mind).

 

I believe you are only looking for quantitative evidence.  You will not find it until the courts force Sony into compliance. 



Proudly using 3.15 so as to retain my advertised feature of other-os.

Sony refuses to prove that your bluray drive did not "die" from a 3.xx update. Decide for yourself and ignore the ignorance.


Get your Portable ID!
Please use plain text.
Message 9 of 55 (10 Views)
Splicer
Registered: 09/19/2009
Offline
81 posts
 

Re: Sony Trying To Dismiss The 3.00 Lawsuit

Dec 4, 2009

JustTheBeginning wrote:

FreakySteelX wrote:
they are cowards...not admitting anything as it seems so obvious the update has caused problems to not afew, but MANy people around the same time almost at once and yet, they have the nerves to say it is not a firmeware issue.

How about you stop making ridiculous claims without any proof. Over a thousand PS3's die every day if the normal failure rate is just 5%, PS3's dieing not new, people just thought it was related because it happened on the same day but every day they die...


Give me 2.8 back and I'll prove it.

 

If your PS3 works, that's great.....but who the heck are you to say this is a ridiculous claim and acceptable.

 

10 -15 minutes then freezing is repeatable with the upgrade from 2.8 to 3.01.---- this absolutly unacceptable!

Please use plain text.
Message 10 of 55 (10 Views)
Reply
0 Likes