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

 

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

Bad Sony, bad! 131 69.31%
 
I still hope it's an early April's Fools 58 30.69%
 
Total:189
Damnyouall on 30 March 2010

Look what I just found:

EU Directive 1999/44/EC

Article 2

Conformity with the contract

1. The seller must deliver goods to the consumer which are in conformity with the contract of sale.

2. Consumer goods are presumed to be in conformity with the contract if they:

( a ) comply with the description given by the seller and possess the qualities of the goods which the seller has held out to the consumer as a sample or model;

( b ) are fit for any particular purpose for which the consumer requires them and which he made known to the seller at the time of conclusion of the contract and which the seller has accepted;

( c ) are fit for the purposes for which goods of the same type are normally used;

( d ) show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the seller, the producer or his representative, particularly in advertising or on labelling.

http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=en&numdoc=31999L0044&model=guichett

UPDATE:
Apparently Amazon's European lawyers know their trade. Someone just managed to get a 20% refund (and keep the console) as compensation for the removal of Linux.
http://www.playstationuniversity.com/ps3-owner-refunded-without-return-for-missing-other-os-3555/
Again, this was forseeable. And don't think Amazon will just eat up those costs.


Update 2:

PlayStation 3 Owner Files Class Action Suit Against Sony For Dropping 'Other OS'



"Well certainly with the Xbox 360, we had some challenges at the launch. Once we identified that we took control of it. We wanted to do it right by our customers. Our customers are very important to us." -Larry "Major Nelson" Hryb (10/2013). Note: RRoD was fixed with the Jasper-revision 3 years after the launch of 360

"People don't pay attention to a lot of the details."-Yusuf Mehdi explaining why Xbone DRM scheme would succeed

"Fortunately we have a product for people who aren't able to get some form of connectivity; it's called Xbox 360,”-Don Mattrick

"The region locking of the 3DS wasn't done for profits on games"-MDMAlliance

Around the Network
Nomad Blue on 30 March 2010

But you don't have to install the firmware update?



Vetteman94 on 30 March 2010

Was that a Sony Official Statement when they said they wouldnt remove Other OS support or was it just someone who works at Sony



Damnyouall on 30 March 2010
Nomad Blue said:

But you don't have to install the firmware update?

You have to, otherwise you will lose access to features such as playing new games, new Blu Rays and access to PSN, which you are entitled to according to the EU directive quoted above.



"Well certainly with the Xbox 360, we had some challenges at the launch. Once we identified that we took control of it. We wanted to do it right by our customers. Our customers are very important to us." -Larry "Major Nelson" Hryb (10/2013). Note: RRoD was fixed with the Jasper-revision 3 years after the launch of 360

"People don't pay attention to a lot of the details."-Yusuf Mehdi explaining why Xbone DRM scheme would succeed

"Fortunately we have a product for people who aren't able to get some form of connectivity; it's called Xbox 360,”-Don Mattrick

"The region locking of the 3DS wasn't done for profits on games"-MDMAlliance

Damnyouall on 30 March 2010
Vetteman94 said:
Was that a Sony Official Statement when they said they wouldnt remove Other OS support or was it just someone who works at Sony

That statement doesn't matter. At the time they sold those PS3s, they were advertised as being able to run Linux.

"public statements on the specific characteristics of the goods made about them by the seller, the producer or his representative, particularly in advertising or on labelling."



"Well certainly with the Xbox 360, we had some challenges at the launch. Once we identified that we took control of it. We wanted to do it right by our customers. Our customers are very important to us." -Larry "Major Nelson" Hryb (10/2013). Note: RRoD was fixed with the Jasper-revision 3 years after the launch of 360

"People don't pay attention to a lot of the details."-Yusuf Mehdi explaining why Xbone DRM scheme would succeed

"Fortunately we have a product for people who aren't able to get some form of connectivity; it's called Xbox 360,”-Don Mattrick

"The region locking of the 3DS wasn't done for profits on games"-MDMAlliance

Around the Network
gamelover2000 on 30 March 2010

Damnyou.. we know what bias your posts mostly are..

Sony has full right to remove this feature as it says so in the manual.. they have full right over adding/removing the non-100% needed features..



Currently playing: MAG, Heavy Rain, Infamous

 

Getting Plat trophies for: Heavy Rain, Infamous, RE5,  Burnout and GOW collection once I get it.

 

Vetteman94 on 30 March 2010
Damnyouall said:
Vetteman94 said:
Was that a Sony Official Statement when they said they wouldnt remove Other OS support or was it just someone who works at Sony

That statement doesn't matter. At the time they sold those PS3s, they were advertised as being able to run Linux.

"public statements on the specific characteristics of the goods made about them by the seller, the producer or his representative, particularly in advertising or on labelling."


Well according to the ToS they have every right to remove that feature.  When everyone signed up for the PSN Network it specifically states that in there.    So as far as I see it Sony is well within their legal rights.   Whether it is wrong for Sony to do it or o is irrelevant.



Dgc1808 on 30 March 2010

Doesn't SONY also state clearly that they have the right to remove the feature in to ToS? Isn't that also considered part of the "description given by the seller"?



4 ≈ One

Damnyouall on 30 March 2010

If the BUYER didn't agree to those terms prior to buying the PS3, they are invalid.



"Well certainly with the Xbox 360, we had some challenges at the launch. Once we identified that we took control of it. We wanted to do it right by our customers. Our customers are very important to us." -Larry "Major Nelson" Hryb (10/2013). Note: RRoD was fixed with the Jasper-revision 3 years after the launch of 360

"People don't pay attention to a lot of the details."-Yusuf Mehdi explaining why Xbone DRM scheme would succeed

"Fortunately we have a product for people who aren't able to get some form of connectivity; it's called Xbox 360,”-Don Mattrick

"The region locking of the 3DS wasn't done for profits on games"-MDMAlliance

Vanbierk on 30 March 2010

Anyone using Linux on their Ps3 makes no sense to begin with...I'd much rather run it on a PC with fully supported hardware...And I do, my laptop and my desktop



Just waiting for that PS Vita to come out so I can play some full featured games on the go with that beautiful screen and control scheme...