Sony sued over last update

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Subject: Sony sued over last update Wed Oct 28, 2009 1:53 pm

Firmware and system updates tend to make this generation of console owners more than a little skittish when they first become available for download. It makes sense: nearly every time an update comes out, news stories spring up across the Web about how a number of consoles have been bricked by the new software. History seems to be repeating itself with the PlayStation 3 v3.00 firmware update, which was launched in September. After numerous reports of PS3s suffering hardware failures following the installation of the update, a class action suit has been filed against Sony for the problems caused.

On October 3, John Kennedy of Florida filed a class action suit against Sony Computer Entertainment America in the San Francisco Division of the Northern District Court of California. The suit implicates Sony for several complaints, including breach of implied warranty, negligence, unjust enrichment, and negligent misrepresentation.

According to the complaint, Kennedy purchased a PS3 in January, which operated without any problems until he installed the firmware update in September. The update, when downloaded, caused the Blu-ray drive to malfunction. Other complaints report the same problem: the drive would play a game or movie properly for roughly ten minutes and would suddenly freeze up; the affected drives were then unable to recognize or play a disc of any type from there on.

"Thousands of Sony PlayStation 3 ('PS3') video game owners who downloaded a system update required by Sony found that the update caused their PS3 units to malfunction and actually damaged the hardware on many units," the complaint claims. "For owners who sustained hardware damage from the Sony-required update, Sony is charging a $150 repair fee per unit. Sony, responding to the numerous complaints about the unacceptable effects of the defective update, released a further, optional update that it claimed 'improves system stability'—yet performance problems continued, and the new update did nothing to remedy the systems of users who sustained hardware damage."

Whether or not Sony actually "required" users to update is difficult to prove. However, it's true that enough complaints were listed on the PlayStation Blog to prompt Sony to create a "Firmware 3.00 Q&A." On top of this, when Sony announced the v3.01 update on September 14, the company claimed the optional would improve "system stability during use of some PlayStation 3 format software."

Sony has yet to release an official response to the lawsuit, but the complaint seems to be doing an impressive job of convicting the company in the court of popular opinion: that Sony Customer Service was trying to claim the hardware failures were coincidental issues doesn't seem to be sitting well with the general public, particularly because it's apparently costing consumers to cough up $150 to get the problem fixed. Whether or not this class action suit will see the inside of a courtroom is difficult to foresee, but it could prove ugly for Sony if it manages to get there.