Ventura v. Sony Computer Entertainment of Amerca, Inc.
Background:
Anthony Ventura is a California resident who purchased a Sony PlayStation 3 in July of 2007. He represents the plaintiff in the class action suit.
Sony Computer Entertainment of America, Inc (Sony) is the American branch of the internationally known Sony Computer Entertainment of America. Sony is well-known for making quality electronics such as the video game console Sony PlayStation 3.
Analysis:
The Sony PlayStation 3 was released in the United States in November of 2006. Sony’s marketing strategy for the device emphasized the video game console as a multimedia machine capable of playing Blu-ray discs, various video files and other features. Among these features was a featured called “Other OS†which enabled a user to install a secondary operating system on the console. The console was frequently used for the Linux operating system for various purposes. Sony has made multiple statements before and after the release of the PlayStation 3 touting the Other OS feature as a selling point for the console.
Sony announced on March 28th 2010 that they would no longer honor the support of the Other OS feature. Console update 3.21 was released on April 1st 2010 and removed the “Install Other OS†feature that allowed a user to install the other operating system. Users were not forced to accept the upgrade, but users would not be able to access other features of the console such as the PlayStation Network, play newer games, or play newer Blu-ray discs.
Sony cites the need to remove the feature to guarantee the future of content for the device. The plaintiff alleges that the feature in response to a hobbyist named George “Geohot†Hotz who was able to gain more access to the PS3 than Sony intended and that the discovery causes no harm to consumers. The plaintiff also alleges that Sony’s decision to disable the Other OS function was based on it’s own financial interest.
The Plaintiff is filing the class action suit on behalf of PlayStation 3 owners who purchased their PlayStation 3 consoles between November of 17, 2006 and March 27th 2010 and did not resale the console. The causes of action include breach of contract , breach of the covenant of good faith, and unjust enrichment. Since Sony does business in California, they are also suing in violation of the California Unfair Competition Law and California’s Consumer Legal Remedies Act.
Holding:
To be determined…
Official Filing:
http://ps3movies.ign.com/ps3/document/article/108/1086720/gov.uscourts.cand.226894.1.0.pdf
Background:
Anthony Ventura is a California resident who purchased a Sony PlayStation 3 in July of 2007. He represents the plaintiff in the class action suit.
Sony Computer Entertainment of America, Inc (Sony) is the American branch of the internationally known Sony Computer Entertainment of America. Sony is well-known for making quality electronics such as the video game console Sony PlayStation 3.
Analysis:
The Sony PlayStation 3 was released in the United States in November of 2006. Sony’s marketing strategy for the device emphasized the video game console as a multimedia machine capable of playing Blu-ray discs, various video files and other features. Among these features was a featured called “Other OS†which enabled a user to install a secondary operating system on the console. The console was frequently used for the Linux operating system for various purposes. Sony has made multiple statements before and after the release of the PlayStation 3 touting the Other OS feature as a selling point for the console.
Sony announced on March 28th 2010 that they would no longer honor the support of the Other OS feature. Console update 3.21 was released on April 1st 2010 and removed the “Install Other OS†feature that allowed a user to install the other operating system. Users were not forced to accept the upgrade, but users would not be able to access other features of the console such as the PlayStation Network, play newer games, or play newer Blu-ray discs.
Sony cites the need to remove the feature to guarantee the future of content for the device. The plaintiff alleges that the feature in response to a hobbyist named George “Geohot†Hotz who was able to gain more access to the PS3 than Sony intended and that the discovery causes no harm to consumers. The plaintiff also alleges that Sony’s decision to disable the Other OS function was based on it’s own financial interest.
The Plaintiff is filing the class action suit on behalf of PlayStation 3 owners who purchased their PlayStation 3 consoles between November of 17, 2006 and March 27th 2010 and did not resale the console. The causes of action include breach of contract , breach of the covenant of good faith, and unjust enrichment. Since Sony does business in California, they are also suing in violation of the California Unfair Competition Law and California’s Consumer Legal Remedies Act.
Holding:
To be determined…
Official Filing:
http://ps3movies.ign.com/ps3/document/article/108/1086720/gov.uscourts.cand.226894.1.0.pdf