PS3 Lawsuits Upgraded To Version 3.01

Illustration for article titled PS3 Lawsuits Upgraded To Version 3.01

Two men, from Texas and Iowa, are launching a class-action lawsuit against Sony after their PS3 consoles were bricked during a recent firmware update.

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One console was broken upgrading to firmware 3.0, the other installing 3.1. Both claim that upon contacting Sony's customer support, they were told the machine failures were "coincidental", and that to fix the console they'd need to pony up a $150 repair charge.

The sexiest part of the suit reads:

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.

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The pair have listed every PS3 owner in the US on the suit, and are seeking from Sony "unspecified damages and restitution".

Sony sued over PS3 firmware update problems [GameSpot]

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DISCUSSION

ahem

"SCE AND ITS AFFILIATED COMPANIES EXCLUDE ALL LIABILITY FOR ANY LOSS OF DATA, LOSS OF PROFIT, OR ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL HOWEVER ARISING, AS A RESULT OF ACCESSING TO OR USING THE SYSTEM SOFTWARE OR ANY OF THE CONTENTS, PROGRAMS, FEATURES OR SERVICES ON OR PROVIDED THROUGH THE SYSTEM SOFTWARE. SO LONG AS THIS PROVISION IS ENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE."

I guess they didn't read the click-through-licence... #ps3