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Man Files Class Action Against Sony Over Firmware 3.0 Problems
by Kris Graft
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October 5, 2009
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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.
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Also I heard that the problems were just with games like Uncharted malfunctioning. Is this guy claiming that the update bricked his system of ruined the hardware? That is just crazy. I haven't heard a thing from anyone like this.
from what I understand Sony's has 1 year manufacturers warranty so if its just under one year old and you still have a proof of purchase then you should be OK
As for this case, I can the judge throwing this lawsuit out. People should be aware that when you download software, even from a trusted source you're essentially doing it at your own risk.
Without the upgrade the machine will no longer perform as advertised.
(And as far as I know there's no downgrade path.)
If it's not the upgrade then it's just crummy hardware/software (RROD anyone?)
Sadly my machine is about 3-4 months OVER 1 year old, not under, so I'm screwed as far as the warranty.
And I'm baffled as to how Andre could say that I have the option of downloading "trusted software" in this case. Or on any console. Since we don't know much about what the upgrades do, we don't know what happens if we don't download them. If you don't download you get bugged periodically to download (as my 360 is doing right now.)
Anyone who thinks that a manufacturer would not cover up costly warranty issues must be new to the world, as Microsoft did it with the 360, and car manufacturers have done it many times.
Oh and there was one other thing Microsoft covered up, that was the 360 scratching disks. The drive they'r using doesn't have soft standoff pads to keep it from happening if the box is moved while the disk is spinning. There's a video out showing some Swedish (I think) guys reproducing and then diagnosing the problem.
"My console broke. I demand $50,000 in damages".
Crazy people.
Otherwise I do believe they are almost exactly the same. I would say Sony is not going to release and hard numbers on the optical disk issue unless they are sued for it in court. And even then I imagine the records might get sealed. I sum it all up to the regular failure rate that all consumer electronics experience. I understand that almost all of consumer electronics fail at an average rate of around 5-8% from what I have read. That is about the level at which PS3's have failed from what I have read around the internet.
In the PS3's case, it allows developers to cache data to speed up load times which allows you to bypass the inherent flaw of optical drives of being able to read only one file at a time.
Pre-internet this wouldn't have happened because it would have been unlikely that anybody that you know personally would have had the same problem. Or at least, you'd recognize that the number of people with problems compared to the number that did not was very small. With the internet - the information you get is that thousands of people have the same problem as you - but with no context as to the overall picture.
James, memory would allow the caching of which you speak, though possibly more expensive. Since I am not privy to the nature of the PS3's virtual memory (if any) I can't comment much more. The advantage of RAM instead of disk is, you can power down the machine and get it working again. Few viruses or persistant bugs can infect it. I find that having to "reinstall" a console just goes against the grain. I expect to do that with a PC, MAYBE. (Never had to reinstall the OS though to fix a game.) Doing it with a console just peeves me.
I agree with Robert C. wholeheartedly. But as the old saying goes, "Just because you're paranoid doesn't mean they're not out to get you." implies, there could also be cause and effect. One thing the new patch allegedly gives is simultaneous output on multiple video outputs. Doing that with high end audio/video usually requires advance planning and hardware. If they did it with software, I could see a potential problem(s).
Is that like no huge music company would ship out audio CDs that when played on your PC silently installed a rootkit as part of their DRM that made your machine about as secure as a wet paper bag?
I agree with some of the earlier posters - the ability to patch and upgrade a product is a two edged weapon. Sure it can help you resolve unforseen problems and make drivers more stable or considerably faster... but it must also contribute to the "ship it now, patch it later" pressure for some games publishers.
The difference between Sony bricking PS3's on purpose and the whole RootKit DRM fiasco are not even in the same ballpark and you know it. That was my point. Do you know what would happen if any company got caught bricking older systems on purpose just for the opportunity of selling newer systems? The idea is crazy. So please don't take my words out of context as you obviously did. You also cherry picked the quote of what I said as well.
I also tend to agree that the whole idea of patches and upgrades to firmware hold a certain risk. But I also think that the benefits general out weigh the risks. Sony has had some issues with firmware updates. So what? It is getting taken way out of proportion. Nintendo has had some issues of their own with bricking Wii's after an update to the firmware. Are they going to get sued next?
BTW I agree with Alan on his point about knowingly bricking hardware. No company in their right mind would do that to a consumer and expect to reap a good reputation.
My PS3 on the other hand was used only for Resistance, Warhawk (which I gave up on because of the crappy servers) and for watching Blu-Rays. I estimate I got less than a 100 hours of use out of it in over a year. It just stopped working one day, I think it died of neglect. It was a 40GB and I think I broke his little heart with all the love I showed for my 360.
Everyone has a different story and while Microsoft definitely seem to have had a much higher failure rate, they treated me well, Sony don't want to know.
The Xbox360 scratching the disks wasn't hidden by MS. In fact it was in the instructions that if you move the console when a disk is in it that you should remove the disk before turning on the console, or it will get scratched.
It may not have happened to a number of systems, but I doubt people would be making up everything that's happening on the forums.
I'm not trying to bash Sony. My PS3 was my favorite system, and I would just love for another firmware to come out to correct this, or at least allow the users to downgrade to a firmware that worked for them.
It's total crap. I've had mine for over a year, I played Metal Gear and watched maybe 40 hours of blu-ray total. Then I put in a disc, it reads it, I go to play it, the console says I need an update, I update, and the console restarts and I no longer have a functioning drive. I'm out of warranty and Sony just shrugs its collective shoulders at me. They can bite it.
As far as lawsuits being filed by crazy people looking for $50,000 because their console died, I believe that's designed to have the manufacturer take them seriously. I know that my attempts to be taken seriously on the phone with them were in vain.
http://boardsus.playstation.com/playstation/board/message?board.id=ps3updates&th
read.id=148749