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Intellectual Property Law

: Video Game Law Blog

Sony changes PS3 firmware, gets sued

By Chris Bennett, Tudor Carsten, Michael R. Coburn, Sarah Dale-Harris, Pablo Guzman, Danielle (Dani) Lemon, Chris Metcalfe and David Spratley

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Sony's original PS3s allowed owners to install third-party operating systems such as Linux. Citing security concerns, Sony phased that functionality out in its later PS3 models and recently released a firmware update that eliminates the functionality in any console that has it. The firmware update is optional, but console owners who don't install it will lose other functionality.

The response was swift: Sony was hit with a class action lawsuit in California shortly after announcing the firmware update. Among other things, the claim alleges breach of contract, a breach of the covenant of good faith and fair dealing, and unfair and deceptive business practises.

Whether removing the other OS capability really was a deception "perpetrated on millions of unsuspecting customers" may be a matter of opinion, but it's understandable that someone who bought a PS3 solely because of the ability to install Linux might be upset by the change. We'll keep our eyes on developments.

Coverage at GameSpot and Gamasutra. IGN has a copy of the complaint here.

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Full post as published by Video Game Law Blog on May 07, 2010 (boomark / email).

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