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Sony sued over PS3 firmware updateDVDBack23 @ Oct 08, 2009 16:09 | 24 comments
The suit is class action, and is for all users who suffered hardware failure or problems after installing the update. The suit "implicates Sony for several complaints, including breach of implied warranty, negligence, unjust enrichment, and negligent misrepresentation," says Arstechnica.
Kennedy had owned his PS3 for 9 months, with no noticeable issues, until September when he installed the system update. From there, his Blu-ray drive began to malfunction, to the point of not playing back games or movies after just a few minutes of playback.
"Thousands of Sony PlayStation 3 ('PS3') video game owners who downloaded a system update required by Sony found that the update caused their PS3 units to malfunction and actually damaged the hardware on many units," read the claim, via Ars. "For owners who sustained hardware damage from the Sony-required update, Sony is charging a $150 repair fee per unit. Sony, responding to the numerous complaints about the unacceptable effects of the defective update, released a further, optional update that it claimed 'improves system stability'—yet performance problems continued, and the new update did nothing to remedy the systems of users who sustained hardware damage."
The only problem with the complaint is the fact that the updates are not really 'required' as stated by Kennedy. You do not have to upgrade although it is usually required, especially if you are always connected to the Internet via the console, and need to access the PlayStation Network. |
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Comment by: emugamer (Oct 08, 2009 16:14) Plus his console is only 9 months old, therefore it falls under warranty.
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Comment by: pphoenix (Oct 08, 2009 16:52) Originally posted by emugamer: its a disgrace but i think all consoles do this now dont they? consoles have evolved into an update nightmare the worst thing that happened to consoles was the introduction of hard drives as now they can keep releasing unfinished games or sell you the other half of the game in micro payments.
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Comment by: IguanaC64 (Oct 08, 2009 17:41) ...and they can't blame piracy! Oh noz! No scapegoat! |
Comment by: wiimatrix (Oct 08, 2009 17:45) Yes it is under warrenty.Firmware updates are there to enhance the gaming experience,enable new features and iron out problems with previous releases.It a bit like updating your driver for hardware on a PC.Nintendo have "bricked" a number of Wii consoles that do not have softmods on and they,to the best of my knowledge are repairing them for free.Stand up and be counted Sony.Would i buy a PS3?.Not now!.
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Comment by: IPRFenix (Oct 08, 2009 20:58) If a game requires a firmware update in order to play online, and you purchase said game specifically, only for, and entirely based on, online play, then you SHOULD be able to argue that it IS required. Because based on why you purchased what you did, it makes your purchases entirely unusable.
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Comment by: cazer (Oct 09, 2009 01:52) even if his ps3 is 9 months old he still needs his receipt. with out it he was no warranty. |
Comment by: navi1199 (Oct 09, 2009 02:58) Quote: usually when a system bricks you void the warranty all together so it's completely up to Sony...
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Comment by: xnonsuchx (Oct 09, 2009 03:19) Originally posted by cazer:
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Comment by: Tristan_2 (Oct 09, 2009 03:42) Firmware Updates Are indeed required especially to access PSN if you havn't updated to a newer Firmware or else when PSN updates you cannot enter it and that is especially for the PSP cuz in some cases in order to play games you have to update the systems firmware, I HOPE THIS LAWSUIT PREVAILS to the one who sued Sony's ass, Sony needs a good sue whoopin for this damage atleast as I said Nintendo admits 4.2 Firmware can brick your consol Sony the usual deniers. |
Comment by: ZippyDSM (Oct 09, 2009 03:42) If they owned up to it nukeing units they would not be sued, so screw im. |
Comment by: cazer (Oct 09, 2009 04:00) Quote:Originally posted by cazer:
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Comment by: Gatlin (Oct 09, 2009 04:45) I hope this gets thrown out of court, only in the United States something like this would happen. The guy is out trying to make a buck in this recession. Pretty soon companies going make you sign a form stating any issues with your system cant sue us,etc,etc.
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Comment by: KillerBug (Oct 09, 2009 07:44) It probably will get thrown out of court...big business always wins in the courtrooms of the USA, no matter how much evidence they have against them.
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Comment by: cdxanti (Oct 09, 2009 14:36) Suddenly a 360 doesn't look so bad does it. At least Microsoft admitted they screwed up. Sony wont even cover the repair of their own screw up. Any newer game you buy for the PS3 will require the firmware update so eventually they will all have this problem then Sony won't be able to ignore the problem. |
Comment by: canuckerz (Oct 09, 2009 15:30) Originally posted by Gatlin: If that is how you're viewing the situation than you've been poorly informed of the going ons. This hasn't been the first time sony's done this and has refused to admit fault; it cannot be allowed to continue. |
Comment by: pirkster (Oct 09, 2009 17:20) Originally posted by ZippyDSM: Quite the opposite.
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Comment by: ak472009 (Oct 10, 2009 01:57) i was think of buying PS3 but not anymore this is one sony fan going to microsoft. |
Comment by: UHALL (Oct 10, 2009 02:05) Gatlin (Newbie) 8 October 2009 23:45
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Comment by: xnonsuchx (Oct 10, 2009 02:48) Originally posted by ak472009:
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Comment by: xnonsuchx (Oct 10, 2009 03:02) Originally posted by UHALL:
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Comment by: KillerBug (Oct 10, 2009 04:48) While I had no phystical failures because of these updates, firmware 3.0 killed playstation home, and I had to uninstall, delete my apartment data, and re-install. The same thing also happened when PS home 1.3 came out...full uninstall and reinstall. They realy, realy need to work on their beta testing for these updates.
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Comment by: ZippyDSM (Oct 10, 2009 07:11) Uhall
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Comment by: rottenly (Jan 21, 2010 19:30) IT's real simple NEVER EVER NEVER BUY A SONY PRODUCT AGAIN!!!!!!!!!
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Comment by: Oner (Jan 21, 2010 22:41) So lets see, this is your first comment and you dig up a 3 month old thread to post that? Absolutely Amazing....look if you want to partake in the discussion fine. Just be a bit more timely, show a little decorum and refrain from violating any forum rules.
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