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Griffin said:
If people buy a 40gb PS3 and don't know it plays PS2 games then too bad, plus whatever happened to their PS2. I'm sure people who bought a PS3 own a PS2.

I would think you would care.  Advertisements and bundles be damned, the most persuasive way to sell a product is word of mouth.  every time a product is bought and the owner is disappointed they are going to tell their friends about that disappointment and that will discourage future sales.  

From a legal standpoint the 40g ps3 is perfectly legit, but if customers are feeling misinformed and gypped it will come back to haunt them if the dissatisfaction rate is at all significant.