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Last week, a class action lawsuit was filed against Sony Computer Entertainment America for the removal of the 'Other OS' functionality originally included in all PlayStation 3 consoles. The feature, which allowed users to install the Linux operating system, was removed through a firmware update for the PS3 in March.
Many IGN readers wanted to know what this all means for them, so we spoke to Rebecca Coll, the attorney from the firm Meiselman, Denlea, Packman, Carton & Eberz P.C. who filed the suit against Sony. She helped break down the court process behind this class action lawsuit and what PS3 owners should be aware of going forward.
Coll said it's entirely too early in the case to predict when this might go to trial. But she said everyone who purchased a PS3 can be included.
We are going to ask the court to let us proceed as a nationwide class action. If the court agrees, the court will 'define the class,'" she told IGN. "Right now, our proposed 'class definition' includes everybody in the country who bought the PS3 from the time of launch until March 27, 2010."
"This class definition reflects, in part, that Sony commanded a much higher price for the gaming console based on the functionality of the 'Other OS' feature at the time of its launch and trumpeted the 'Other OS' feature in its subsequent marketing," she explained. "As a result, consumers paid much more for a product than they should otherwise have been charged now that Sony has disabled the 'Other OS' feature."
"If the court adopts this definition, then everyone fitting within that definition would automatically be included in the class action, unless they choose to 'opt out,'" she added.
Coll explained that notifications of the class action will then be sent to PS3 owners through various ways.
"Once the court defines the class, the court will order that the 'class' receive notice of the action," she said. "Notice methods vary. Sometimes notice is by publication in newspapers, by mail, by email, through internet postings, or any combination of those" she said. "The notice will advise class members how long they have to 'opt out' of the class. Sometimes, if there is a settlement at or before the time the class is certified, this 'class notice' also lets people know how they can file a claim, and tells people the deadline to file their claims."
"In other words, people technically do not need to do anything to 'sign on' to the lawsuit—if they fit within the class definition then they are automatically part of it unless they affirmatively ask to be let out of it after the class is certified," she explained.
Coll said PS3 users are encouraged to contact the firm to share their experiences. The group is compiling a database of dissatisfied Sony consumers, and will provide status updates as the litigation unfolds. Head over to their website to learn more.
As for what PS3 owners interested in this case should do in the meantime, Coll said to hang onto your console, packages, and receipts (if you have them) until this litigation is over.
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I'm liking where this is going.
Many IGN readers wanted to know what this all means for them, so we spoke to Rebecca Coll, the attorney from the firm Meiselman, Denlea, Packman, Carton & Eberz P.C. who filed the suit against Sony. She helped break down the court process behind this class action lawsuit and what PS3 owners should be aware of going forward.
Coll said it's entirely too early in the case to predict when this might go to trial. But she said everyone who purchased a PS3 can be included.
We are going to ask the court to let us proceed as a nationwide class action. If the court agrees, the court will 'define the class,'" she told IGN. "Right now, our proposed 'class definition' includes everybody in the country who bought the PS3 from the time of launch until March 27, 2010."
"This class definition reflects, in part, that Sony commanded a much higher price for the gaming console based on the functionality of the 'Other OS' feature at the time of its launch and trumpeted the 'Other OS' feature in its subsequent marketing," she explained. "As a result, consumers paid much more for a product than they should otherwise have been charged now that Sony has disabled the 'Other OS' feature."
"If the court adopts this definition, then everyone fitting within that definition would automatically be included in the class action, unless they choose to 'opt out,'" she added.
Coll explained that notifications of the class action will then be sent to PS3 owners through various ways.
"Once the court defines the class, the court will order that the 'class' receive notice of the action," she said. "Notice methods vary. Sometimes notice is by publication in newspapers, by mail, by email, through internet postings, or any combination of those" she said. "The notice will advise class members how long they have to 'opt out' of the class. Sometimes, if there is a settlement at or before the time the class is certified, this 'class notice' also lets people know how they can file a claim, and tells people the deadline to file their claims."
"In other words, people technically do not need to do anything to 'sign on' to the lawsuit—if they fit within the class definition then they are automatically part of it unless they affirmatively ask to be let out of it after the class is certified," she explained.
Coll said PS3 users are encouraged to contact the firm to share their experiences. The group is compiling a database of dissatisfied Sony consumers, and will provide status updates as the litigation unfolds. Head over to their website to learn more.
As for what PS3 owners interested in this case should do in the meantime, Coll said to hang onto your console, packages, and receipts (if you have them) until this litigation is over.
their website
source
I'm liking where this is going.
