Sony: No PS3 'OtherOS' Refunds
Removal of feature does not cross any Sale of Goods Act terms.
Sony removed the OtherOS functionality in its PlayStation 3 console in a recent software update. Planning on getting a refund? Don't count on it - the company has said that it hasn't broken any terms in the Sale of Goods Act and does not plan to offer consumers any money back on the lost feature.
"The console packaging and the in-box manual for the console do not refer to the use of Linux on the console," explained SCE UK's David Wilson on ThinkQ. "Rather, the console packaging states that the product's design and specifications are subject to change without notice and that the system software within the console is subject to a limited licence between SCE and the consumer, and this licence permits SCE to update the system software and services offered from time to time."
The statement comes after a legal-savvy PS3 owner managed to get a partial refund on his console from online retailer Amazon. £84 GBP was reimbursed when the customer invoked the Sale of Goods Act. According to Wilson, that was a matter for the two parties involved and Sony has no obligation to do the same.
"The provision in the Sale of Goods Act which requires an item to be fit for a purpose made known by the consumer to the retailer prior to purchase and confirmed by the retailer applies only to the contract between the retailer and the consumer," Wilson continues. "The decision by Amazon to give a consumer a partial refund is clearly between Amazon and the consumer, but we do not expect the decision to have a legal basis and we have no plans to compensate retailers."
PlayStation 3 consoles once had the ability to install an alternative operating system (such as Linux) through partitioning the on-board hard drive, but security concerns led Sony to remove the feature on the 1st April. This has led to an unprecedented amount of internet rage, and frequent challenges by computer hackers.
Those who wish to keep the OtherOS functionality have the choice to avoid the system software update, at the cost of PlayStation Network access, in-game chat or play games and movies that require a future upgrade.
"The console packaging and the in-box manual for the console do not refer to the use of Linux on the console," explained SCE UK's David Wilson on ThinkQ. "Rather, the console packaging states that the product's design and specifications are subject to change without notice and that the system software within the console is subject to a limited licence between SCE and the consumer, and this licence permits SCE to update the system software and services offered from time to time."
The statement comes after a legal-savvy PS3 owner managed to get a partial refund on his console from online retailer Amazon. £84 GBP was reimbursed when the customer invoked the Sale of Goods Act. According to Wilson, that was a matter for the two parties involved and Sony has no obligation to do the same.
"The provision in the Sale of Goods Act which requires an item to be fit for a purpose made known by the consumer to the retailer prior to purchase and confirmed by the retailer applies only to the contract between the retailer and the consumer," Wilson continues. "The decision by Amazon to give a consumer a partial refund is clearly between Amazon and the consumer, but we do not expect the decision to have a legal basis and we have no plans to compensate retailers."
PlayStation 3 consoles once had the ability to install an alternative operating system (such as Linux) through partitioning the on-board hard drive, but security concerns led Sony to remove the feature on the 1st April. This has led to an unprecedented amount of internet rage, and frequent challenges by computer hackers.
Those who wish to keep the OtherOS functionality have the choice to avoid the system software update, at the cost of PlayStation Network access, in-game chat or play games and movies that require a future upgrade.
Companies:
Sony
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Comments
? 20 Apr 2010 13:01
1/2
What is it called when somebody comes into your computer and changes data or functionality against your will (even if they get you to do it), without you realizing they are doing it? What is it called if somebody sells you something, and then comes and removes something from it, or puts a spanner in the works? What is it called when somebody sells you something and tell/require you what and how you can use it, limit who you can buy from and your choice of what you can us in it?
Isn't subject to change prior to sale and passing of ownership? Wouldn't change of services be referring to after market services, not existing services at time of sale? More importantly, would the console have been sold to play programs, Sony verified programs particularly, like OS's? Would the consoles be sold on the basis that it would do all those services that not updating would prevent from using?
Users affected by this are in a class of their own of their own, do we blame them if they take action?
Sony needs us a lot more than we need them. I have a bluray player, Sony has removed just about the last advantage of the PS3, against a machine that is easy to program, publish for and download on, all they really have left is the ability to use a standard hard drive. We need a console standard for the PC, with copy protection scheme that gives users options to play instantly from disk or hard drive, with full optional automated self install of programs
Isn't subject to change prior to sale and passing of ownership? Wouldn't change of services be referring to after market services, not existing services at time of sale? More importantly, would the console have been sold to play programs, Sony verified programs particularly, like OS's? Would the consoles be sold on the basis that it would do all those services that not updating would prevent from using?
Users affected by this are in a class of their own of their own, do we blame them if they take action?
Sony needs us a lot more than we need them. I have a bluray player, Sony has removed just about the last advantage of the PS3, against a machine that is easy to program, publish for and download on, all they really have left is the ability to use a standard hard drive. We need a console standard for the PC, with copy protection scheme that gives users options to play instantly from disk or hard drive, with full optional automated self install of programs
? 20 Apr 2010 13:05
2/2
What is it called when somebody comes into your computer and changes data or functionality against your will (even if they get you to do it), without you realizing they are doing it? What is it called if somebody sells you something, and then comes and removes something from it, or puts a spanner in the works? What is it called when somebody sells you something and tell/require you what and how you can use it, limit who you can buy from and your choice of what you can us in it?
Isn't subject to change prior to sale and passing of ownership? Wouldn't change of services be referring to after market services, not existing services at time of sale? More importantly, would the console have been sold to play programs, Sony verified programs particularly, like OS's? Would the consoles be sold on the basis that it would do all those services that not updating would prevent from using?
Users affected by this are in a class of their own of their own, do we blame them if they take action?
Sony needs us a lot more than we need them. I have a bluray player, Sony has removed just about the last advantage of the PS3, against a machine that is easy to program, publish for and download on, all they really have left is the ability to use a standard hard drive. We need a console standard for the PC, with copy protection scheme that gives users options to play instantly from disk or hard drive, with full optional automated self install of programs
Isn't subject to change prior to sale and passing of ownership? Wouldn't change of services be referring to after market services, not existing services at time of sale? More importantly, would the console have been sold to play programs, Sony verified programs particularly, like OS's? Would the consoles be sold on the basis that it would do all those services that not updating would prevent from using?
Users affected by this are in a class of their own of their own, do we blame them if they take action?
Sony needs us a lot more than we need them. I have a bluray player, Sony has removed just about the last advantage of the PS3, against a machine that is easy to program, publish for and download on, all they really have left is the ability to use a standard hard drive. We need a console standard for the PC, with copy protection scheme that gives users options to play instantly from disk or hard drive, with full optional automated self install of programs