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Netyaroze on 29 April 2010
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joeorc said:
Netyaroze said:

This is an US Lawsuit. Wonder if someone sues them in Europe they would 100% loose without a doubt its not even interpretable they violated consumer laws.


Its not about if Linux on PS3 was good or not or if someone could use its other Computer its about what can companies do. Can they save taxes and make advertisment with a feature which they are going to remove a couple of years later ?

EULAs are not that important there is just one thing important. The Laws and they could wirte in the eula you give us your House when you use PSN and you can agree and they still wouldnt get your House.


Companies make the consumer believe their Eulas are like Laws but they are not 99% of all EULAS are not guilty in all places where they sell their product.

Sony never had the right to remove a feature its definetly against the Law (in Germany atleast) no matter what they wrote. If you just couldnt use PSN but you wont be able to play future game releases (less RAM Consumption with 3.30) and eventually even Blurays.

Sony made lose you an advertised feature, even if it isnt used by many customers such things dont matter at all. Just the facts matter. Its definetly wrong. And Sonys image was actually damaged.

I wonder if thats all. Some days ago I said its not over yet people are very very upset. Even if its just 1% thats still 340000 people around the world. I am upset not because I lost a feature but because they just must not do it. Noone is above the Law even my favorite Console manufacturer.

but did they make the consumer loose the function?

Q: can you as the consumer refuse the new firmware update ..yes or no?

Q: if yes you can refuse the new firmware update can you still use and access Linux?

Q: Does your Install Other OS function still there in the XMB?

Q: when you bought the Machine was it still there when you first bought the machine?

 

 

I am not going to argue a lot since I dont have the time.

 

But the points you listed are not valid. I will explain you why (short).

 

Q: Yes you can but that doesnt matter 

 

Q: Yes you can but it doesnt matter:

 

Sony sold you a product which is able to Play videogames Online ! And offline. Sony sold you a device to play Bluray Movies and Sony Sold you a device which can be used as Linux PC. But after the update you are not able to do all those things together but Sony advertised it as a device which is able to do all those things. 

 

Q: Doesnt matter

 

Q: Doesnt matter Sony has to guarantee you the functionality of said item for 2 years in the EU:

 

http://www.wak-tt.com/tt/2yearwarranty1.htm

 

Directive 1999/44/EC, May 1999 from the European Parliament stipulates that by 1st January 2002 all member states must have altered their legislation to comply with new consumer laws. These new laws will ensure that all new consumer goods, including cars, carry at least a two-year warranty and used consumer goods have a minimum of a one-year warranty.

 

The Directive applies to

 

·       any seller, that is to say any person who, under a contract, sells consumer goods in the course of their trade, profession or business

  • a producer, meaning the manufacturer of consumer goods, the importation of goods or any other person who purports to be a producer by virtue of their name, brand or other distinctive sign

The directive calls for:

  a guarantee of at least 2 years for new goods (or longer if the Member State wishes) where the seller will undertake without extra charge to reimburse the price paid or to replace and/or repair consumer goods if they do not meet the specifications set out in the guarantee statement or relevant advertising.

 

The goods must

 

    ·       comply with the description given by the seller and posses the same qualities and characteristics as other similar goods

  • be fit for the purpose which the consumer requires them and which was made known to the seller at the time of purchase.
  • are fit for the purpose for which goods of the same type are used

 

 

 

After the last Fat PS3s was sold Sony would have to wait 2 years and then they could remove the feature.  Sony would have to pay Millions to check all country Laws, where they are officialy selling their PS3s. They knew they would act against laws in a lot of countries but they just close their eyes and hope the whole story will be over soon. They actually decided to do it this way because it will end up still cheaper then checking all laws. There are probably even way more ways how you could sue them in different aspects of tranding laws and so on. I have studied this for (thank god ) just 1 1/2 years.  

I have learned atleast a few things and one thing is that the extreme complexity of laws around the world make it almost impossible for companies to pay attention to them all. And they speculate a lot of time on the lazyness of the customer that they wont sue them. Most of the time the companies just check the US laws and make sure they wont get sued there. In Europe people are not too willing to spend time and money for such things. 

I dont know the Us laws. But I just cant imagine that such actions are legal in the US. I hope that someone sues them in Europe so we get Linux back.

Its not about the Linux its about Companies shouldnt be too powerful nowadays they are too powerful but someone has to show them their limits or they will treat the customer worse and worse in the future. 

 

Its just not the right way. to punish hundreds of thousend because of one person which  BTW still has no acheived something big.

 

Take it as it is Sonys behaviour is illegal in EU. Your arguments are worthless in front of a jugde and I am absolutely sure Sony wont use this tactic they will try definetly another way.

 

 

I am not mad at Sony nor am I too emotionally involved but this is a showcase for the future development of consumer rights. I dont care about the Linux, I just think Sony should solve the problem differently.