Sony sued over PS3 firmware update
Angry gamers take legal action.
A pair of gamers who claim their PS3s were bricked by recent firmware updates have filed a lawsuit against Sony.
As reported by Gamespot the plaintiffs, who live in the US, claim the 3.0 and 3.01 updates mucked up their consoles, causing loss of controller use, Blu-ray drive malfunction and general bricking. Sony customer service types denied the problems were related to the updates, and said a fee of $150 would be required in order to fix the PS3s.
"Defendant's unlawful, unfair, and fraudulent business practices include, but are not limited to, misrepresentations regarding the fitness of the PS3 and software updates, failing to disclose defects in the system and software updates, and refusing to repair PS3 systems free of charge," alleges the lawsuit.
The plaintiffs want the suit to be awarded class-action status, which means it would refer to every PS3 owner who installed one of the relevant firmware updates. They're arguing for unspecified damages and restitution.
Sony has yet to comment on the matter.
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Comments (70) Latest comment 2 years ago
Comments threads automatically close after 30 days, but please feel free to continue chatting on the forum!
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Hopefully this will make Sony sort the YROD mess out and pay back the money the £150 repair bills they have been forcing gamers sometimes multiple times.
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In the meantime, I bought myself a 250 GB HDD PS3 Slim with Uncharted 2 and Fight Night Round 4 but I'm going to miss my launch PS3. I'm already finding two USB ports limiting (since I used two for an external backup HDD I always kept connected on my old machine) and the PS2 emulation has obviously gone. Sucks that I was forced to buy a new machine when the original cost me £425. Prior to my PS3 dying, I'd always considered Sony products to be high-quality and well-built but, sadly, not any more.
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Sony cannot pretends that it's not their problem when it's known to happen. We ll watch this space with the lawsuit!
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"you know in the unlikely event a firmware update screws up your ps3, its just hard drive corruption you see."
No it's not. The firmware is on flash memory, not the HD.
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That's usually the feeling towards USA legal system, I must admit that I also thought they were a bit crazy, though, at the light of recent events, nowdays I think they have the most advanced and corruption free system. Just take a look at the record time they've put Madoff to rot in jail. Now compare with Europe... They have in fact a legal system which judges not only petty thefts and street crime but also white collar crimes/abuses.
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The firmware gets saved to Flash not HD.
You cannot take out the HD and connect it to a PC.
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I was referring to the ridiculous lawsuit stories you hear about. I wasn't being serious though. Just being silly. It's just as ridiculous in Europe now to be honest.
I don't think they will win but it would be good if it kicks Sony up the BEHIND to do something about the YLOD (as GamerG mentioned).
Articles like this really make me fear for my PS3 but I know no one who's had the YLOD. One person had his Blu Ray drive fail but that's about it.
I'm glad that the lawyer is doing this for all us PS3 owners and it's not costing me a penny
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]http://ar stechnica.com/gaming/news/2008/...[/link]
One warranrty company says the PS3 failure rate is within the norm, as usual the problem is being blown out of proportion.
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Case closed.
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CORRECTION:
"Sony has yet to find a way to wriggle out of the matter."
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"The plaintiffs want the suit to be awarded class-action status, which means it would refer to every PS3 owner who installed one of the relevant firmware updates"
Not quite. It would only refer to every owner that suffered the same fault. Those that installed the update without incident won't have anything to do with it.
Second point. Proving causality is key in this. It isn't enough by a country mile to simply say "I installed the update and then my PS3 broke". It would have to be proved that the update caused the fault, and I'll bet a penny to a pound that neither of these two guys have done that yet.
It seems possible on the face of it (expecially anecdotally for the two guys in question), but that means nothing in a court. Its like saying "I bought a desk lamp, and than my grandma had a heart attack" (obviously that is ludricrous, to make a point).
And finally, I fully expect this thread to go the same was as the No Doubt thread, where people base their opinion of the case on whether they like Sony or not, and not at all on the facts (or absence thereof).
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You can't have an exclusion clause if you accept your actions may cause the issue
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Customer service: "Well, clearly you did it wrong because you're an idiot, I'll take your moneys now."
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No real suprise, commenting on an on-going court case probably isn't the smartest thing to do.
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HAHAH i don't think so.
1. You could only load the firmware from Disk or USB or via download.
2. You won't be able to as your firmware is corrupt so your PS3 won't boot.
It will try to start up.. flash yellow light then turn off.
You are clearly deluded.
and yes you can connect the 2.5" drive to a PC but you won't be able to use it on a PS3 again without reformatting it on a PS3.
You won't be able to read any data from it on your PC either.
You can only do a system or save game data backup, then save this data to an attached USB hard drive
The do a restore to a new 2.5" HD.
You cannot backup the data by connecting it to a PC.You also cannot backup and restore the HD if the PS3 firmware has corrupted.
You can't even take the HD out and use it on a different PS3 without reformatting it completely and losing all the data.
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I am curious about this. What are the numbers on failures caused by FW updates, except for firmware 2.40?
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Short story, yeah lawsuit against Sony has been filled of the kind since the day after of the firmware update with the ps3 slim release. I find it only fair that the PS3 owners that dont suck it up for that shit, get to fuck them over a bit to feeel it under their skin. At least they are smart enough to claim what they desearve instead of just pay to fix what they fucked up fro the company itself... I do find it only fair.
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I agree it's efficient, in that people get convicted quickly. But that doesn't make justice perfect anywhere.
Corruption free? Sure!
They never had a Berlusconi in charge... but they did have two Bushes!
I'm sure Madoff was the only banker who exploited clients and deserved to rot in jail. The financial meltdown might have been his fault and his fault alone! I bet Lee Harvey Oswald really was the only shooter too. Heck, Nixon really was an exceptional fiend of a president!
Seriously, thinking that the american judicial system is that much better than the european is naive to say the least. Corruption is worldwide spread.
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If you ran a company you'd want proof that you were the cause of a fault in your product before you started handing out dollar bills so there's really no need to get in a huff about it, the failure rate of the PS3 is actually pretty respectable.
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Hopefully this will make Sony sort the YROD mess out and pay back the money the £150 repair bills they have been forcing gamers sometimes multiple times."
1) There is a *huge* difference in scope between the RROD issue of the first 360 models and current YLOD issues
2) This case has nothing to do with YLOD
I still don't see how those 2 people are going to prove their case. You could argue that unless the PS3 never had a firmware update, *every* broken PS3 broke down after a firmware update. That doesn't necessarily make the firmware update the cause.
I'm not saying that nothing can go wrong with a firmware update, but a bluray drive failing because of a software problem is quite unlikely and proving a correlation between the problem and a firmware update is close to impossible. Remember that the burdon of proof is at the 2 PS3 owners.
That said, IF the PS3 owners are in fact correct, I do hope that they are somehow able to prove it.
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The two things are unconnected.
On the first count, you have always been required to have the latest software when using an online service. PSN, XBLive, World of Warcraft, Counter Strike (per server). Even some websites demands a minimum level of browser to ensure compatability. That is nothing new at all, and really how could it reasonably be any other way?
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"Yet my 2 year old 360 has just suddenly lost all colour"
That actually sounds like hardware rather than software. It can be one of the symptoms preceding a RROD, though it could equally be a dodgy cable. If the screen starts turning green, you are definitely heading that way.
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I for one don't know enough about the legal systems of the US or any European country to compare them.
However, corruption is something that exists in people, not legal systems. A legal system can lack safe guards, which then in turn allows corrupt people to takle advantage for their own ends.
What we saw in the recent banking crisis was not a new wave of corrupt or greedy people (they have always, and will always, be around), but a new excessively unguarded system that allowed said corrupt and greedy people to profit via excessive risk (risk that eventually played out, as all statistics will in time).
New measures to protect against that sort of behaviour were brought in after the US 1920s depression, but those measures were corroded over time (and never existed in other countries) until the same risk taking became common place once again. That in combination with a global banking market that ties the finances of many countries together in a way that was not the case 90 years ago, has brough us to where we are now.
Trying to stop people being corrupt in their hearts is a waste of time. In fact steering that corruption and greed is what makes some banks successful. Controlling the environment in which they work so they can do no damage is the important thing to focus on. As a metaphor, a guard dog should be EXPECTED to have the capacity to be angry and vicous, but it should also be under strict control.
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" updated to 3.01. two days later i had the YLOD while playing cod4.
If it was the frimware update, would it really happen two days after you updated?
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It was not the job of the trial to locate the stolen money. That sort of thing needs specialist investigators, not a Judge.
And if the accountant says he doesn't know where the money went, what are they going to do, hit his legs with sticks till he comes clean?
I'm not saying its ok that the money has been laundered, but that isn't the fault of the trial.
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I should have written "has always been" instead of "is"
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Absolutely. I'm not for a second saying that great efforts should not go into recovering the funds that were stolen. I'm just saying it is a seperate process. They probably ARE trying to track the money down, but it can be a difficult and lengthy process (I would imagine, I'm no expert).
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I've no doubt that this is one of the reasons why the PS3 has had so many firmware updates and those mysteriously vague "fixes certain issues with PS3 software" ones. Sony only have themselves to blame if these things go wrong. Personally I think they should have adopted the same approach to firmware updates that Microsoft and Nintendo have, i.e. only update when absolutely necessary otherwise stick to one or two updates per year. How many firmware updates has the PS3 had since launch... I'm betting it's pushing 30, including minor updates, possibly more? That's ridiculous IMO.
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According to Wikipedia ( http://en.w ikipedia.org/wiki/PS3_firmware ), the PS3 has no less than 40 (FORTY!!!!!!) firmware updates since its release. That is absurd really. I don't even think the Xbox 360 or Wii have had a quarter of that figure and the former has been out longer plus had a radical redesign of its dashboard.
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Basically lesson here is caveat emptor bitches
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I didn't consider that. You'd still have to consider that it could be something other than the FW update.
If he would have the game on constantly it might, in the end, cause something to break. Just like on a PC!
I read an article once where 'scientists' had 'found' that computers left on all the time live longer than computers turned off when not used. Hard drive related though.
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WTF?! Republics are representative democracies.
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That is true, and applies to many physical devices. "Getting up to speed" and "running down" is the time when the mechanisms are under most strain.
A hard drive running along at a steady pelt is at its happiest and can run for years that way with no probs (there will of course by the odd duffer that won't do that). In a previous work life, I came across a system in a university that had not been rebooted for over 2 years (it was Unix based - you would never get that sort of stability out of your average Windows system) and it was doing its little job (something to do with their email system) just fine.
A drive is designed to be at its most reliable in the running state, partly because that is how it spends most of its life, but also because that is when data read/write can occur (and therefore when a failure could be most damaging to data ingegrity).
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If only a fraction of a percent of users suffer the problem, there's reason to suspect the fault may lie with them not with Sony's update technology. And objectively, that's what we're looking at here.
Its a frivolous suit that'll get kicked out at the first hurdle unless the plaintiffs and their legal team can demonstrate a significant number of the userbase has been affected, and there simply is no way they can do that unless several million other complainants come forward.
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>US< ... now why doesn't that supprise me.
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I have plenty of servers in *my* datacenter with uptimes > 600 days. :}
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...yes I realise this is geeky. Don't worry everyone, it will pass.
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care to enlighten people as to how. A friend needed to do this and couldnt find a way to do so... (Im not saying you cant.. I just wanna know how !!)
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Because its just coincidence nothing to do with the updates?
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It would need some pretty thorough technical investigation. Much the same as Sony themselves would go through if they thought the update had a problem. Its certainly not something these two plaintiffs could have carried out.
I don't know whether this kind of lawsuit requires proof beyond reasonable doubt or just probable cause (in the UK criminal and cival cases differ in that way I think). If the prosecution need to prove that the update caused the failure, I doubt their case has a hope in hell.
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When I changed my hardrive about a year and a half ago I didn't have to do anything apart from restoring my stuff from my external drive.
About a month ago my friend changed his and had to download the firmware on his PC and then load it onto his PS3 before the setup routine would begin.
On a few websites they said this was because later firmware updates were too big for the flash memory and had to be stored on the hard drive.
Regarding the original point, my original 60gb machine failed a couple of days after the 3.00 update.
I'm not into conspiracy theories but this has made me wonder.
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Thing is though this first started to happen a day or two before I downloaded any Preview stuff, but it should be unrelated unless there was some sort of unknown download(s) occuring.
Whats really needed for this case is people reporting their cases of YLOD into one source, seeing as these two seem to be fighting for PS3 owners everywhere. I can't see this case lasting long personally, but I would be interested to see what info Sony would reveal about their hardware and their updates in defence.
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My last one started playing up, and I knew it was an RROD in the making (I'm on my 5th or 6th, I lose count). But like you it wasn't a RROD at the time and I couldn't send it MS without risking a repair bill.
I found that repeatedly playing DVD movies helped send it over the edge. Based on what I know about the issue and the towel wrap fix, uneven heating can speed the arrival of an impending RROD, and working the DVD drive hard at the same time as the GPU (which I believe does the DVD decompression) seems to "help". I'm guessing a little bit, and my own experience is anecdotal of course, but I think my theory makes some sense.
Good luck with it. If its a consolation, I think MS have the issue in hand now. My latest 360 wasn't a repair but a replacement, and I trust that it is a recent enough edition that I won't see an RROD again. So if you can force your current one over the edge, it should hopefully be the last time you have to go through it all.
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I just saw I Robot, black and white makes it an interesting experience. Had some bits that were in purple, never happened before so I guess my console don't like DVDs currently.
On topic, isn't the title a bit misleading? I feel that "Sony could be sued" or "Sony to be taken to court, but probably won't be sued" would be more appropiate. The title implies to me that the court has already come to a decision against Sony.
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and keep on reporting, otherwise nothing will happen.
Exactly the same symptoms in inexactly the same way and time frame happend to my PS3 like it happed to a couple of hundreds other PS3 owner that are reporting their disfunctional PS3 in the official PS3 Forum
[link url=http://boardsus.playstation.com/playstation /board?board.id=ps3updates
]http://bo ardsus.playstation.com/playstat...[/link]
Now my BluRay does not work anymore.
And when you calculate, than estimate thousands of others how mostly do not go the internet to complain.
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I think that as the case has been filed, the title is technically correct. They are "being sued", even though the case probably won't go anywhere.
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Well, first, several of those updates are either (a) region specific, (b) minor and optional, or (c) not released publicly. Second, you're not seriously concerned about memory-wear, are you?