Probably will go something like this:
Prosecutor: Sony has advertised that the PS3 has the feature of being able to install and use another OS, but they have removed that feature with this update, making it fraud and false advertising.
Defendant: That's a misleading argument. First of all, it is an optional update. If there is a feature you're disputing, it should not be the OS, but really only the PSN. You either decide to update and accept its changes, or you can maintain the original product, but be barred from our network. We have (my guess) never guaranteed the PSN as a given feature, but something you can gain access to IF you accept to our terms and services.
Ultimately, you can even renew your PS3 if you unwittingly downloaded the firmware to its original, and have the ORIGINAL product. We have never "removed" anything, nor against anyone's will. You always have the original product, always. You always have the option to return to that state.
This is simply consumers feeling entitled, to get updates, as they want them, and to be able to access features, that require them to agree to another person's terms. PSN is owned by Sony, and was always free, under the conditions that its users play by our rules. If they do not, fine, but that simply means they don't get access to it. Simple, as that.
To allow this case to go to prosecution, sets a ridiculous and dangerous precedent. For one, it prevents any update, however minor or major, to remove or alter any of the feature's of the product's software. It also rules that somehow that one party can forcefully impose an act on another, even though they clearly provided a full contract, asked for their consent, AND gave them the option to reverse that act.