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papflesje said:
I'll ask again: could it be that Sony is not in trouble because OtherOS has not been eliminated from consoles, but that access is merely blocked. Technically, they could say in court that the feature is still there, just not accessible until Sony can figure out a way to stop hacking. I doubt they won't be able to postpone any judgment that way until they fix their problem.

Replied to the first time this came up but it did not seem to add for some reason. The answer is a flat out yes. The problem with it being there but inaccessible is that according to consumer protection laws, if you buy a product which the manufacturer claims is capable of performing certain functions or tasks and a person buys it with the intention of performing said functions and tasks, then the consumer must be able to perform said functions or tasks with said device. Even if the function is still present; while the consumer is unable to use said function on said product, consumer protection laws have still been broken. EULAs and T&Cs do not override those laws, but rather the very opposite- consumer protection laws override any T&C or EULA which contains terms which breach those laws. It's literally that black and white.

 

This is something those defending Sony either cannot comprehend, or simply do not want to comprehend.