Sony's Removal of "Other OS" May Be Against EU Law

[Damnyouall]

There may be hope for US PS3 owners, too:

http://boardsus.playstation.com/t5/PlayStation-3-Updates/FW-3-21-and-Consumer-Right-s-Law-No-Conjecture-Just-Facts/m-p/45454241

FW 3.21 and Consumer Right's Law: No Conjecture, Just Facts

[ Edited ]

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03-29-2010 09:46 PM - last edited on 03-30-2010 01:40 PM

Message 1 of 192 (1,356 Views)

39

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/o
sinstall.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

 

EDIT:

 

I decided to add this information to the original post, as it may get lost in the body of the thread.

 

The FTC's online complaint form:

https://www.ftccomplaintassistant.gov/

 

The Canadian Office of Consumer Affairs' Cosumer Handbook:

http://www.ic.gc.ca/eic/site/oca-bc.nsf/eng/h_ca02349.html