Sony sued over PS3's lost Linux support

A small feature of the Playstation 3 that Sony removed could become a big headache in court, as gamers fight to restore Linux to the gaming console.

Anthony Ventura is heading a class action lawsuit against Sony for pulling the Playstation 3's "Other OS" capability through a recent firmware update. Other OS is Sony's name for a feature that let users install Linux on the console, turning it into a basic but powerful home computer.

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After removing the feature through a firmware update on April 1, Sony said the decision was necessary "to protect the integrity of the console," and reminded users that the console's usage terms "clearly state that we have the right to revise the PS3’s settings and features in order to prevent access to unauthorised or pirated content."

The move was widely interpreted as a defense against hacking. In January, George Hotz, who's best known for his iPhone jailbreaks, announced the first hack for the Playstation 3, achieved with help from the Other OS feature. The hack had yet to result in piracy, but Hotz got to a point where he was able to install custom themes on the console, and Sony may have wanted to pull the plug sooner than later. Hotz seemed to take some of the blame for Sony's actions on his blog while also condemning the company's behavior.

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The lawsuit complaint (PDF) basically rehashes all the events up until now, but it's a cathartic read if you're at all incensed by Sony's removal of Other OS.

The attorneys address Sony's claim that its terms of service allow for the removal of features, noting that Sony's actions are "unconscionable" under California's Consumer Legal Remedies Act. When advertising Other OS, Sony never said it may not be available in the future, says the lawsuit, and the company essentially forced users to take the firmware update, giving them no meaningful choice to opt out. Users could retain Other OS by not installing the firmware, but they'd lose vital features such as online support and the ability to play new games.

Ventura's lawyers make a compelling case, but I doubt Sony removed Other OS without considering the legal ramifications that may follow. I'm sure they've got a defense lined up, and I'm anxious to see how it plays out.

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