Retailer Amazon has offered a partial refund to a European PS3 owner following his complaint about the removal of the console’s ‘Other OS’ feature. Firmware 3.21 infamously removed the ability to install other Operating Systems (such as Yellow Dog Linux) on the PlayStation 3. Though the feature was widely unused by the majority of PS3 gamers, many were angered by Sony’s audacity to remotely disable an original PS3 feature. One gamer has come up trumps, citing European law to earn a partial refund.
That’s a partial refund from Amazon without returning their PS3. Said gamer is NeoGAF Forum moderator ‘iapetus‘, who cited European law to argue that his original 60GB console, which was considerably out of warranty and Amazon’s 30-day guarantee, no longer operated as advertised. The online retailer’s policy was to offer a refund weighing in at approximately 20 per cent of the console’s original value. Amazon responds:
We are writing to confirm that we have processed your refund in the amount of £84.00 for your Order 666-5327564-4432412.
Item Refund: £71.49
Item Tax Refund: £12.51This refund is for the following item(s):
Item: Sony PlayStation 3 Console (60GB Premium Version)
Quantity: 1
ASIN: B0007SV734
Reason for refund: Account adjustmentThe following is the breakdown of your refund for this item:
Said European law is Directive 1999/44/EC, which was accepted into European Parliament on 1 January 2002. Apart from requiring all European member states to alter their legislation to carry at least a two-year warranty on all new consumer goods (the UK’s Sale of Goods Act offers up to 6 years possible protection) the Directive also includes a stipulation relevant to Sony’s removal of the PS3’s Other OS. The two points read:
“The goods must:
- comply with the description given by the seller and posses the same qualities and characteristics as other similar goods
- be fit for the purpose which the consumer requires them and which was made known to the seller at the time of purchase.”
The key statement is “which was made known to the seller at the time of purchase,” where Sony made it known at the time of purchase that you would be able to install an ‘Other OS.’ This was raised with Amazon, and their policy was to offer a partial refund whether that feature had been used by said consumer or not. It should be noted that in European law responsibility is placed on the retailer and not the manufacturer.
This cost will most likely be passed over to Sony and if such refunds get out of hand, Sony may have no other option than to reinstate ‘Other OS’ or instead take legal action to prove that they are not acting outside of the law. Sony’s argument may be that they are allowed to change the software side of their console, since it does not act as an alteration to hardware. Moreover, Sony may argue that they have given Other OS users an option to not update their console; though this is an option that will stop these gamers from going online or playing future PS3 games. Of course, there’s the simple fact that the PS3’s user agreement states:
“Without limitation, services may include the provision of the latest update or download of new release that may include security patches, new technology or revised settings and features which may prevent access to unauthorized or pirated content, or use of unauthorized hardware or software in connection with the PS3 system.”
As for the US, consumer protection is not as wide reaching as in Europe, but we could certainly see a class action suit against Sony on the same grounds. As for George Hotz, the hacker who many blame for the removal of the PS3’s Other OS, he now claims to have enabled the feature after updating to firmware v3.21, as shown in the following YouTube video:
Who do you blame? Hackers, or Sony? Will you try to gain a partial refund for your ‘fat’ PlayStation 3?
Bunny – there’s two problems with your efforts. Firstly, it’s the retailer that is legally obligated in Europe, I’m not sure if this differs on Australia. And secondly, demanding a full refund for the PS3 and software is not going to stand up – as is said in this article, you’re only hope is a partial refund – as Linux support is only a very minor part of the PS3. It’s actual purpose is to…play games and be a multimedia centre.
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Thanks.
I contacted Amazon (UK) and they refused to give me any sort of refund. They barely understood the issue, but said my problem is with Sony.
hey would i be able to do this if i was to right to gamestation ( a UK game store ). Or would the same thing not apply, could someone please tell me?
You’d need to make a big steam about it and sound very learned with your quotations of the European directive. It’s also unclear as to how much influence the European directive has on UK law.
Sony has hung themselves. The argument that they have a right to update the firmware falls flat, as Other OS was a selling point as well as being able to play on Playstation.com. Now the new firmware says you MUST give up one of those features. The PS3 box said you could do both, not one or the other.
One does have a case of bait and switch in this area. No amount of licensing claims will change that. The simple fact they forced you to give up a selling point (feature) with either choice pretty much sealed their fate. Never mind the fact the potential to lose much more functionality (more than simply “Other OS”) if you don’t choose to install the new firmware. Say no, and you lose Playstation.com, future BluRay ability, future game ability. Sorry, this was extortion to give up a feature you paid for. Sony stands to lose.
What sucks about this is that a sleaze bag law firm will make millions off it and existing PS3 owners will be given a certificate for a free game or something to cover their loss and Sony continues as normal.
my 40gb PS3 has been updated already and the “other OS2 option has been removed …can i still make a claim and from who…if so how…i purchased my console about 3 years ago from HMV
I for one did and do use the Other OS option. I have been unable to update firmware. I will likely have to purchase another PS3 due to this, and therefore think a refund is absolutely warranted. As soon as I hear about a legal basis in the US or a class action lawsuit, I will support it.
Kudu’s to GeoHot – always nice to see smart folks in action.
I understand the OtherOS option was originally made available to circumvent EU import duties / tax law. The PS3 could be sold as a computer and avoid the higher rate on dedicated game consoles such as XBox & PS.
If the tax/duty aspect is accurate, then this could be a major accounting (and expensive) nightmare for Sony. No harm in pinging your duty/tax authorities or elected officials & ask how much money Sony owes now that supported functionality as changed.
Don’t get mad – get even.
i have first version of ps3 60gb.. and used it as my personal computer using linux(ubuntu) for years and yesterday its gone, i already update to 3.21 , and eat up some of my HDD capacity.. if i knew this update will remove ability to use Other OS, i will never update to this firmware of crap!! Sony should take responsible of what they done… i’m no hacker, just normal user and love my PS3. and now, i really hate sony because of this “downgrade” firmware. there will be no more torrent to download, no more firefox, no more pdf file or doc to read on they called “PS3”