[Source Gamasutra]

Man Files Class Action Against Sony Over Firmware 3.0 Problems by Kris Graft
October 5, 2009
<SCRIPT LANGUAGE="Javascript1.1" SRC="http://as.cmpnet.com/js.ng/Params.richmedia=yes&site=game&affiliate=gamasutra&pagepos=jumbobox&target=&ord=62533886160145256?"></SCRIPT> A Florida man filed a class action lawsuit against Sony Computer Entertainment America last week, claiming that PlayStation 3's recent firmware 3.0 upgrade caused consoles to "malfunction," requiring an expensive fix. A complaint filed by lead plaintiff John Kennedy, and originally unearthed by Courthouse News, claimed that "thousands of Sony PS3 video game owners who downloaded a system software update required by Sony found that the update caused their PS3 units to malfunction and actually damaged the hardware on many units." The suit claimed that Sony is charging $150 to repair PS3s with "sustained hardware damage" from the update. Sony released a major update to the PS3's firmware in early September, which added some new functionality and features to the console. Days later, Sony acknowledged complaints from users who said that following the update, certain games would "freeze" up, and controllers were not functioning correctly. "SCEA is aware of reports that PS3 owners are experiencing isolated issues with their PS3 system since installing the most recent system software update (v3.00)," the company stated on its blog following the release of the update. Days later, Sony released a follow-up firmware update intended to remedy the issues apparently caused by the original release, but the plaintiff alleged the new update did not fix the issues, and actually caused further problems with the console's Blu-ray drive. The suit accuses SCEA of breach of implied warranty, negligence, negligent misrepresentation, unjust enrichment, and other counts. The suit is seeking restitution and damages in an amount to be decided at trial, as well as legal fees. SCEA did not immediately return request for comment.

W-wow...

I sort of want him to win just for thinking of filing a suit over such ridiculous grounds.

Well... this should be interesting...

It'll only turn out bad for him, he should back out while he can.

Yeah, he's going to have fun proving it was the update that killed the BluRay drive and not just normal ware and tare.

... this will not end well

He might actually win, it's no secret that the latest firmware, taxes the 60gb launch model PS3's, if he can relate it to failures, he actually might win, if he can show that it wasn't user negligence which in most cases it is

I'm one of the owners of a launch 60Gb and they are faulty machines, i'm now on my 4th 60gb unit. Hopefully this guy wins.

He will lose.

1) There is no way he can prove FW 3.0 killed his PS3 instead of wear and tear
2) The update asks you to digitally sign an agreement that SONY are not responsible for damages resulting from the FW update.
3) It is easy for SONY to prove what FW 3.0's issues were (they are documented) AND for SONY to show PS3 hardware failures being within reasonable limits (only figures i have are under 0.5% failure rate for the UK according to SONY)

Must be kind of a secret, I didn't know that....