Consumer sues Sony over PS3 update
For the second time in as many weeks, a major company is the litigant in a class action. The consumer (Kennedy) alleges the PS3 firmware update 3.0 harmed his system, and that the followup update 3.01 further damaged his PS3 by affecting his Blu-Ray drive on the PS3. Here are the major game reporting outlet stories, and I conclude with a small commentary on the case.
The Escapist reports Sony being sued over PS3 firmware update, the article focuses on the gamers perspective.
The Edge reports about Sony being sued in class-action because of PS3 update, be careful if you’re on a slow connection, it has an embedded video clip.
The original story that the gaming magazines refer to in Courthouse News, reporting the class-action filed in the Northern District of California.
The lawsuit vital statistics are as follow: termed CV 09 4791, filed in N.D. of CA, SF Div, on Oct 2, 2009. The complaint (linked here) alleges:
1. Breach of Implied Warranty
2. Negligence
3. Negligent Misrepresentation
4. Unjust enrichment
5. Trespass to chattels
6. California Unfair Competition Law, Business and Professions Code Section 17200
7. California Consumer Legal Remedies Act, Civil Code 1750
Jury Demand
If you’re interested in all the foundations of the allegations and complaint for relief, you can read that in the 18-page complaint mentioned above. Notable allegations include #12 “Although, as a general rule, Sony “encourages” PS3 owners to install the latest versions of system software, Sony required users to install the Firmware 3.0 update.” And another important factor, #21 “Upon information and belief, the class consists of at least tens of thousand of members in diverse locations throughtout the United States…” is listed.
This case is to my knowledge the first of this exact type, and I will be following it as events warrant.
Jay Moffitt is a TN attorney. The statements here are not legal advice, and no attorney/client relationship is created. Jay Moffitt claims no certification in this specialty, and TN does not offer a certification in this area of law. Copyright, Jay Moffitt, 2009. Comments are welcomed and will be answered promptly and courteously.
Tags: console games, firmware update, lawsuits, online games, PS3
