Legal Niches

SCEA Files Motions to Dismiss 'Other OS' Lawsuit

By james_fudge

Sony Computer Entertainment America has filed two motions to dismiss a class action filed on behalf of Linux OS users that were shut out of the PS3. The lawsuit relates to the removal of the "Other OS" feature that allowed users to install Linux and other operating systems on the system. In its filings, SCEA argued that the lawsuit has failed to prove that the company marketed the "Other OS" as a key feature of the console.

SCEA also claimed in its filings that PS3 warranty, license agreement and the PlayStation Network Terms of Service provide PS3 users with a license, and not ownership of the network software and that SCEA has the right to terminate that license in whole or in part as it sees fit.

Finally, SCEA asked the court to revoke the "class action" status because the defendants did not use "other OS" in the same way.

You can read the motions here and here - both provided by IGN.

The case continues on November 4.

Full post as published by GamePolitics.com on September 21, 2010 (boomark / email).