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damndl0ser said:
^^^

Where there is smoke there is fire.

All the tech would have to do is build a circumstantial case. And put that into the hands of a jury. The error code would probably be very damning.

As an example that consoles do have these error codes, look at the 360's E74 error. Once your in a diagnostic screen there could be dozens of other errors that go along with this E74 error and thats how you narrow things down. E74 + E21 means a certain thing as an example.

Unless that error code was specifically linked to firmware updates though then all they could say is it's also related to overheating and it could have been that.  If it were something with the firmware, there would have been more broken consoles.

They can't just say it could be the update, they have to show it was the update.  Also, I don't believe civil action lawsuits have juries do they?

Again, I realize there are error codes but I highly doubt there's an error code or group of error codes that are going to prove it was the firmware, especially with such a small number of broken consoles.  Like Sony said, I'm sure it just coincidence.