PlayStation 3 “other OS” lawsuit thrown out

playstation 3 other os lawsuit thrown out sony

U.S. District Judge Richard Seeborg has dismissed a class action lawsuit brought against Sony Corporation by California resident Anthony Ventura over the company disabling the “other OS” feature that originally shipping as a feature of the PlayStation 3 console. Although the judge had previously let the plaintiffs amend their complaint, ultimately the judge ruled that the plaintiffs had not identified Sony’s liability in the case, and that they did not have a right to expect the “other OS” feature to continue to operate (or that they should be able to continue to access PlayStation Network) after the console’s warranty period.

The suit dates from April 2010 and stems from the original PlayStation 3 consoles, which came with the built-in ability to run an “other OS”—Linux—in addition to Sony’s own operating system. Sony removed the feature from the PlayStation 3 after it was leveraged by hackers to run pirated games, pirate content from the PlayStation Network, and run unauthorized software. Venture sued, claiming Sony’s disabling the feature constituted a breach of contract—the “other OS” capability had been an advertised feature of the PS3 console—and even constituted an infringement of the Computer Fraud and Abuse Act by reducing the console’s functionality.

In February, Seeborg had dismissed all but one claim in the suit, letting the plaintiffs amend their complaint in an effort to address the remaining point—whether Sony can require customers to forego installing an update to retain access to an OS feature. Seeborg was not satisfied with the plaintiffs efforts to refocus the case on that point, saying they had not identified a theory under which Sony could be held liable for the action. At the same time, Seeborg didn’t necessarily think Sony’s decision to disable the “other OS” feature was good business, noting that some customers’ dismay that the feature went away was “no doubt genuine and understandable.”

Sony has recently required PS3 owners agree not to participate in class action lawsuits if they want to access the PlayStation Network.


You can now get a Surface Laptop 2 for $800 at the Microsoft Store

Along with deals on other variants, starting configurations of Microsoft's Surface Laptop 2 are now going for $800 online at its retail store, cutting $200 from its usual $1,000 starting price. 

Our favorite fitness trackers make it fun to keep moving

Looking for your first fitness tracker, or an upgrade to the one you're already wearing? There are plenty of the wrist-worn gadgets available. Here are our picks for the best fitness trackers available right now.

How do Nintendo Switch, Xbox One X compare to each other? We find out

The Nintendo Switch is innovative enough to stand apart from traditional consoles, but could it become your primary gaming system? How does the Switch stack up against the Xbox One?
Home Theater

Kill your cable and switch to streaming with our painless guide

If you're going to quit cable or satellite for a streaming TV solution, you're going to want to get it right the first time. We've outlined exactly how to get started, step by step. Follow our lead, and you'll never look back.

How to keep a PS4 in your pocket with the PlayStation Mobile app

Sony built the PlayStation 4 with smartphone and mobile integration in mind. Take a look at our guide for connecting your smartphone or tablet to a PS4, so you can browse profiles, trophies, and other content directly on your mobile device.

Need a monitor for professional photo-editing? These are the very best

Looking for the best monitor for photo editing? You'll need to factor in brightness, color accuracy, color gamut support and more. Fortunately, we've rounded up the best ones for you, to help you make an educated purchase.

Canada’s winters inspired a startup to warm homes with cryptomining heat waste

Cryptomining may be the key to untold riches and the future of currency, but it’s also an environmental nightmare. Heatmine, thinks it has the answer, but it could mean bolting a mining rig onto every home and business in the country.

HDR monitors are beginning to have an impact. Here are the best you can buy

HDR isn't the most common of PC monitor features and is often charged at a premium, but the list of available options is growing. These are the best HDR monitors you can buy right now.

You’ll soon be able to scribble all over PDFs on your Chromebook

Chrome OS users may soon be able to doodle all over their PDF documents with the possible addition of a new feature in Chrome OS' PDF viewer. The annotation feature is expected to allow users to hand draw or write over their documents.
Virtual Reality

Oculus Rift vs. HTC Vive: Prices drop, but our favorite stays the same

The Oculus Rift and HTC Vive are the two big names in the virtual reality arena, but most people can only afford one. Our comparison tells you which is best when you pit the Oculus Rift vs. HTC Vive.

Microsoft’s Windows 95 throwback was just an ugly sweater giveaway

Microsoft's "softwear" announcement wasn't what we had hoped for. Thursday's announcement was not the new line of wearable tech or SkiFree monster sweater we wished for. But it did deliver the 90s nostalgia we wanted.
Home Theater

Confused about LED vs. LCD TVs? Here's everything you need to know

Our LED vs. LCD TV buying guide explains why these two common types of displays are fundamentally connected, how they differ, what to look for in buying an LED TV, and what's on the horizon for TVs.

The best MacBook deals for December 2018

If you’re in the market for a new Apple laptop, let us make your work a little easier: We hunted down the best up-to-date MacBook deals available online right now from various retailers.

How to connect AirPods to your MacBook

If you have new AirPods, you may be looking forward to pairing them with your MacBook. Our guide will show you exactly how to connect AirPods to MacBook, what to do if they are already paired with a device, and more.