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?
“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:”
THANK YOU.. Wow Wish we had the European law in Canada and the US, that way can can get refunds for a function that a minority of Ps3 users use -.-
Well if hackers never bothered to ruin it, then Sony would’ve never had to be forced to take action such as this. But then some say Sony could’ve taken better actions in order to fix this problem without removing the other OS option… I don’t really know anymore. Hackers are still ultimately responsible that this problem was even brought up and it’s not like they’ve never been the source of problems before.
I feel bad that so many people are going to abuse the system now. I know, it’s protected by law but really, how many people, after reading about this, are going to want a refund because they actually USED the other OS option? Hey, it’s free cash, they don’t care!
What do you mean hackers ruined it? If you purchase something you have the right to do whatever you want to it. That would be like a deli telling you you’re only allowed to use your turkey on bread and not in a pita….give me a break.
I am going to do this. I didn’t use the other OS featuree. I want money from Sony though because my 60 Gb died just after warranty expired and they have a disgraceful policy for the many people this has happened to. I will take whatever I can from them.
>Well if hackers never bothered to ruin it
By ruin you mean using a feature that was plainly available by the manufacture, we must get dictionaries from different places….
@Ryan
Hackers ruined it as in they figured out a way to hack the PS3… which means everyone has to suffer as a result, obviously.
Haha, sooo we will get refunds AND soon be able to play pirated games? AWSOME! =)
Power to the people ! (Eeerrrr, more like power to Europe lol).
I wonder why sony couldn’t “patch” whatever exploit was found on otheros. By the way, fuck dowgrade 3.21 =)
Sony messed up on this one, as the’re removing a feature on consoles already purchased. If it was a price drop on new stock, then it would of been acceptable. I don’t use other os or care about it, but it comes down to companies abusing their power. I hope in the future Sony dosen’t remove ay more features of the PS3, because some hacker found an exploit.Just a patch or something Sony, please don’t be bastards!
For anybody who did use the OtherOS feature for purposes other than memory dumps and such, I am truly sorry that my actions may have been the cause for your loss of this feature.
And to all, don’t completely blame hackers for simply utilizing a function that Sony built into their own console software. What did Sony think was going to happen… people would use the PS3 and Linux as their primary household personal computer?
Wow, thats what I am talking about dude.
Lou
http://www.anon-resources.at.tc
The software agreement on the PS3 to which you buy into, overrides these terms.
They clearly didn’t look into that.
@Mike
Laws trump any contract or agreement. Sony could say whatever they want in the EULA but they still have to comply with local/national/international laws.
I don’t think people who used the Other OS should get a refund. Maybe one from sony, but certainly not from Amazon.
If Geohot has found away round the update already to return the other os. What have Sony solved by deleting the option. ?
They might as well give it back.
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i wonder what will happen to people who were using PS3 cluster for Grid Computing, I m sure they were using Linux on those systems to access CELL. And i think Its Geohot who should refund, in first place it was his fault that made SONY to remove Other OS feature. Not just come up with a CFW to surpass it and get us banned from PSN.
I hope this doesnt cause a wide spread of people making refund claims to retailers which in turn will cost sony. I understand why they have removed it and people claiming for money is not called for
It’s emphatically *not* GeoHot’s fault. All he did was try to open up all the hardware in the box to people who bought it. Imagine a car where the manufacturer limited you to four cylinders at night, but would let you use six during the day. GeoHot is the mechanic who removed this stupid limitation, letting you use all six anytime you wanted. In response, the car company said “screw you guys, it’s four cylinders all the time now.” That’s pretty much what happened.
I used the other OS feature. I bought a PS3 because of this option. It will be taken away if I want to use my PS3 for games. I feel ripped off. Why are you guys all siding with Sony and blaming the hackers. That is total BS. You people are just too ready to get screwed by big corporations. TV has trained you well. Sheeple.