Man files suit against Sony for PS3 FW 3.0 |
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Not everyone was happy with Sony's Firmware 3.0 update, we all know that. Apparently though, it turns out somebody was mad enough to actually file a lawsuit against Sony for having the said upgrade cause "malfunction" to his PS3 unit. Reports of freezes came rolling out almost immediately when the firmware was released.
One John Kennedy has filed a complaint to Sony Computer Entertainment America for releasing a system software update that they knew to be problematic. And although Sony did send out a patch a mere couple of days later, the plaintiff presses that it did nothing to alleviate the problem. Thing is, Sony is charging US$ 150 for repair of PS3 units with "sustained hardware damage". For plaintiff Kennedy, that's just not cool.
His lawsuit slaps SCEA with allegations of breach of implied warranty, negligence, negligent misrepresentation, unjust enrichment, and other counts. Kennedy is asking for restitution and damages, the amount of which shall be decided upon trial, including the legal fees.
Related Articles:
- PSN lawsuit over banhammer gets dismissed
- Sony: PS3 drive errors not caused by firmware
- FW 3.00 Q&A with the European PlayStation Blog
Via Gamasutra
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Comments
Yeap, he could've spent money to repair it instead of spending on lawsuit
looks like someone sure thought of a way to cover the cost of his holiday gaming. lets see how this one turns out.
this is almost as stupid as Jack Thompson trying to sue Facebook for "hurting his feelings" lol
What an idiot...
This dude and his dam "Tekken 6".Posting that ***** everytime a new topic about something comes u,get a dam life dude.
STFU!!!!!!!!!!!!
Really... Come on, are people really this time. Isn't there like an agreement you have to agree to before you even install the update saying something about if there is problems with the update it aint our fault?
lol its gonna be fun!
... and that is how Sony gets you. They purposely ***** your system up so that you can either pay for repairs or buy a new one. They're probably just testing these firmwares on 1st released consoles instead of the newer ones.
I had a lot of freezes following my 3.0 update. Especially while playing the Fallout DLC. Yesterday, my launch 60 gig went YLOD. I don't think there is a connection between the two. A freeze doesn't generate that much heat. (no pun intended) I'm not suing Sony. I just picked up a slim to tide me over the 4-6 weeks until its repaired. Can't delay my Demons Souls that long.
If this guy wins.... no bad things, only good things can happen for every PS3 owner..... are Sony fanboys that stupid to not realize this? You could look at a free 1 year (or 3 if they are as smart as MS) extended warranties on all consoles suffering from the YLoD or dead BR Drive, cheaper repairs costs with more than a 3 month extended warranty.
My PS2 and PS1 games didn't work for like a day, but the 3.0 update isn't nothing to get angry over. What an idiot.
I will be pissed if they start that now. I just paid the $150 two months ago. I guess it could help cover me in the future.
people don't understand that you can't turn off your PS3 during a firmware update.
is the playstation network down for maintenance in the u.k because i just put on my ps3 to play mag beta so it signed me online no problem then i tapped on the beta and it said 'mag servers down for maintenance or offline' so i just forgot about it then went to the ps store 2download fifa10 but then it said an 80023017 was occurred and below it it said ps store is not available in ur country..wtf?! so i wondering if my internet is f**k'd up or if its just a maintenance
$150 to fix their phuck up is downright robbery. take them to the cleaners
another unannounced "maintenance"
Well, if their service is good as MS, then you would get a refund for that amount. I paid MS $140 a few months before they announced that all consoles would get a 3 year extended warranty that involves the RRoD starting from the date it was purchased.. They refunded everybody that paid for the RRoD repair.
thanks man, i thought it was my internet connections because i just got a new modem from virgin media today. And Aces In The Palm, sony cant say sh*t 2me cuz my ps3warranty that automatically came with it is up 5th of december 09. n even if by any chance my ps3 broke after that time I brought the 3year warranty from argos( £24.99(special offer) So im fine for the next fews years and a bit
i love piracy
Im glad this guy is doing what hes doing. I dont think he's an idiot at all. Why? because win or loose, its nice to have someone stand up against a company and remind them that their consumers are real people. It gives them a reminder that we the people are paying attention to their products, and it could be a pleasant reminder to them that if they are going to do what they want and fight against the consumers, that they will get some heat and consumers will stand up and fight back, not just roll over and let you lick our *****ks.
the only idiot on here then must be HIDEO KOJIMA for being a troll! seriously, what would you have, a console that has a 54% console that could potentially be away for approx 4 months a year or a machine that is less than 15% likely to go wrong in its lifetime? Yeah, if sony is guilty of knackering peoples consoles with firmwares then fair enough, but the 360 trolls here need to look at their own console before slagging the Ps3!!
iv had issues when the console forgets its system settings which gets annoying .... have a new 500gb hdd in there.... havent used it much lately waiting for a new big update just been pc'ing it hrm
it's so easy to point fingers but how do you know this guy didn't do anything to his system? i've update my ps3 each an every time a new update came out and i had zero problems.
Actually people now adays sue eachother. REALLY! Lately everyone on Facebook have been suing eachother over stupid things. Alot of them pretty much won and this isnt new, people sue people everyday, people even sue powerful corporations, its a way of life.
You must've learned that word "troll" from my earlier post. Good job for remembering.... lame. I have both consoles, well three but I don't use the Wii anymore. So let's look at them shall we? It took a year and a half for my 360 to break down once. My PS3 broke down twice in one year. Both consoles were in the same well ventilated area. Statistics don't mean *****, you're either lucky or not. All the threads I've read regarding failures involve non first wave PS3 consoles. So believe that statistic if you want, either way, the failure rate for the 360 is going down, while the PS3's rate is going up. Of course you wouldn't know any of this cuz you are a 1 sided gamer, that's why you are an idiot by making those comments... an idiot fanboy who would side with Sony even if you were being sued by them.... and you know it.
The lengths people will do. He's not going to win, and if I know the judges, they're going to make him look really foolish. People think that firmware updates will be all fine and dandy with no issues at all. People have no clue about coding anything. No matter what happens, there'll always be bugs and glitches with anything you update on sites, games, systems. Is it theoretically possible his system didn't work after updating? Yea, but if this is the case, why is mine working after updating? Why is millions working since upgrading? Personally I feel for him cause my PS3 stopped reading disc after a FW update as well, but instead of whining and pointing fingers I saved up the money and sent it in for repairs. It isn't any secret the blu-ray lens have had issues, in fact out of all the PS3 problems the lens has been widely known to fail. It's the only thing on the PS3 that has a consistent problem since launch. But most lens nowadays are properly made so it shouldn't give out.
No, it's really not. It's really really not. How pissed off would you be if you downloaded an "update" directly from Sony, and it did permanent damage to your PS3? Even worse is that Sony is denying it, despite that it's obviously happened to many people, and charging a large fee for repairs. I'd be pissed off, and I'd certainly love to sue the crap out of them.
a jumped up little keyboard warrior by the looks of things, I could pick at least 15 quotes on this site where you have slated the PS3 so dont blame me if I say I don't believe you own a PS3! (I own two that have never broke down, ever, and will be getting a 360 eventually for my games room!) In fact I've never heard you say anything positive about the PS3 so really don't care if I've offended you anyway! I've never said anything bad against the 360, just that it was more badly built than the PS3! so come back when you've past puberty! theres only one fanboy here, and its the little scrote who pretends to be a well known game developer! you know NOTHING!!
what are you doing to your ps3 that no one else is doing? twice in one year? i know people who have had their ps3 on all day everyday running folding@home who have had no problems with their system and everyone else that i know that has a ps3, they've had no complaints thus far. so how are you so unlucky that it's happened twice in one year?
I could get bashed for this, but I almost have a degree in electronics so it might hold some weight. In my personal opinion, the PS3 is the highest quality machine/electronic that Sony has ever made. If they put as much time into all their products, they would have some really nice stuff instead of doing things like slapping their name on cheap Liteon burners back in the day. (Im sure I dont know Sonys product line so this is a very opinionated statement based on personal experience, not personal research)
This is a pretty documented issue, especially for the 20GB, and 60GB models, some 80GB models as well. Speculation as to why is that the 3.0 and 3.01 updates sped up the drive and the older models are not able. I think we ALL have updated our PS3s regularly. This argument and the turn off while updating argument are not the problem. How many people in this day and age have not updated something? Everyone knows you don't turn stuff off when updating. This isn't a bunch of kids trying to blast Sony.These are loyal Sony customers. What happened to mine was I put a PS2 game in about 2 or 3 days after updating to 3.01, it worked fine. I put in Little Big Planet, looked at a black screen for 2 minutes, then reset the machine. After the reset, no discs were recognized. I had used my PS3 for AVCHD movies twice before that when I was on 3.00. Guess what, I now have a 60GB that doesn't read discs. 6oGB have had a rise in replacement lenses, sure, but there is something broken in the update. The forums have a lot of the same story and this is too many to be just coincidence, I'm sorry. I DO NOT think Sony did this on purpose to get 150 bucks from their customers. I think they tested this FW on the newer "phat" and slim models which have different components. It needs to be addressed quickly instead of ignored because it will become another Red Ring thing where the company will not be seen as responsible and the will lose more than just the labor and parts for fixing the machine. Sony has a chance to really show Microsoft how to deal with mistakes in a decent and responsible way.
Yeah but theres so many other variables to the equation. I really think its being narrowed to the 3.0 firmware, but what else isn't accounted for? we dont know what we dont know... but this is not effecting all PS3s of the specified model. For instance, I have an original 60gb PS3 and run 3.0. I havn't had any problems at all with disc reads or anything, my PS3 works just as good as the day I bought it. I also live in the desert in California, and it gets very hot here (im a few hours from Vegas). Im actually suprised my PS3 does still work to be honest, my computer overheats all the time during the summer. Im just saying, I think we should try to account for all the variables, and account for unset variables (things we dont know). Which is also why they cant be replacing everyones $hit lol.
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