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Sony sued over PS3 firmware update problems

Owners of bricked systems file suit on behalf of everyone who downloaded system update 3.0 or 3.01; demand unspecified damages.

The ability of console makers to update their systems' firmware has a number of benefits, as evidenced by the continually expanding capabilities of the Xbox 360, PlayStation 3, and Wii. However, the updating of firmware on all three platforms is sometimes associated with reports of systems being broken by the updates, or "bricked."

In some cases, the owners of ruined consoles do more than make angry message board posts about their misfortune. In late 2006, an Xbox 360 owner sued Microsoft over a system update rendering his console inoperable. That suit was dismissed in mid-2007 when Microsoft and the plaintiff reached an agreement out of court.

Now it's Sony's day in court, as last week a pair of PlayStation 3 owners who had their systems bricked by the September 3.0 and 3.01 firmware updates filed suit agianst the company. The two gamers--one from Texas, the other from Iowa--allege that the updates caused PS3s to malfunction, with problems including loss of controller use, malfunction of the Blu-ray drive, and bricking of consoles. When they contacted Sony's customer service representatives, the pair were told that the system failures were coincidental and unrelated to the system update. Furthermore, Sony would charge them a repair fee of $150 in order to fix the systems.
Alternative Sources:
chrisulloa - contributor
Published: 54 days 20 hours ago | News | PlayStation 3
 
 

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Showing: 1 - 50 of 92 Comments
1 PorcelainGod | 54 days 20 hours ago - User only got 1 bubble - Show
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Saaking - 54 days 20 hours ago
1.1 -
Poor fool. he's gonna loose.
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360degrees - 54 days 20 hours ago
1.2 - I personally
have not had any real huge firmware update issues with my original 20G playstation 3. Aside from the actual hardware itself being rather noisy and warm at times, the only other issue I can see is that it collects dust like no other (smudges, dust particles, etc). I can honestly say that on the rare occasion when I do use it over my XBOX 360 Video Gaming Console for gaming, it performs adequately. Its main use in my household will always be geared more towards my Blu-ray movie needs.
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SupaPlaya - 54 days 20 hours ago
1.3 - if they win,
isn't Windows in big trouble? Doubt anything comes out of it though.
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thereapersson - 54 days 20 hours ago
1.4 - My 60GB
Left on for MONTHS ON END, Folding, gaming runs that lasted over 5-6 hours in a row or more and constant media use and internet browsing had NO problems before I updated.

I updated to 3.0 (and afterwards 3.1), and soon after my games started freezing. Last week, I was playing Borderlands and my system crashed, and I got the YLOD immediately after.

Faulty firmware updates or not, this sh1t SUCKS.
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Vicodin - 54 days 20 hours ago
1.5 -
Two gamers? You're being biased in your selection by limiting it to actual PS3 owners.

What about the thousands and thousands of Xbox fans who pretend to own a PS3? Don't their voices count? Shouldn't they be heard?

If we include that less biased group of people the PS3 is easily the most troubled console ever made:

* Fake firmware bricking problems
* Fake reports of slow PSN downloads
* Fake reports of BluRay movies that don't look any better than upscaled DVDs

the gaming forums are filled with low post count brand new accounts with these fake problems and more all the time. Obviously Sony has a major problem and it's much worse than 'teh RRoD'.
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Schobeleth - 54 days 19 hours ago
1.6 - Also,
The clause says "certain software refuses to run until the firmware update is downloaded and installed on the system" when we all know 3.01 is an optional firmware. FAIL
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Darkstorn - 54 days 19 hours ago
1.7 -
I only personally know one PS3 owner who's had YLOD. It's not at all a common occurrence, and I've never had it; *knock on wood.
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josuttis - 54 days 19 hours ago
1.8 -
If there was even a tiny problem with the PS3 firmware the gaming media would have been going batsh_t insane with front page stories non-stop.

They did the best they could to limit the Xbox 360 RRoD fiasco because this was supposed to be the gen where Microsoft finally got things right after the first Xbox failure in the market.

The gaming media has been desperately trying to find problems with the PS3 to neutralize the RRoD fiasco for three years now. Those stories have gone absolutely nowhere because the stories just aren't going to resonate and pick up steam if actual PS3 owners aren't having problems.

That genius Kutagari did another masterful job with the PS3:

* The first console ever to have a brand new drive tech

* Internal powersupply

* The incredible silent cooling system

* Trivially easy swapable harddrives

* Slot loading drive

Bow, Kutagari-san, bow.
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MAiKU - 54 days 19 hours ago
1.9 -
As usual, the big company will just do something to ease both parties outside of court and the case will be dismissed. All companies do that when they're pushed.
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TheReaper42 - 54 days 19 hours ago
1.10 -
I guess these 2 "gamers" didn't bother to read the death waiver before hitting X on each firmware update.
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ThanatosDMC - 54 days 18 hours ago
1.11 -
You have to agree first before you download. They all ready lost.
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TotalPS3Fanboy - 54 days 16 hours ago
1.12 - Too bad these two guys will not only lose the case,
they will also lose their dignity.
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cyberwaffles - 54 days 15 hours ago
1.13 -
you know what, it just dawned on my that MAG has been freezing a lot lately. i wonder if it has to do with the servers or maybe this FW is really making a big problem. i mean i already had games like dead space and UC1 freeze on me a few times, but i thought thats what the 3.01 update was for, to stop the freezing?
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darkpower - 54 days 15 hours ago
1.14 - @Vicodin
Okay, I'm lost...what the hell did all of that SAY?
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RememberThe357 - 54 days 15 hours ago
1.15 - You know what?
I don't blame them. I would be pissed too.

But frankly, you can handle situations better than this. Working with customer service can be a run around, but if your persistent you can usually get things taken care of.
1.16 4point7BillionLoss | 54 days 15 hours ago - deleted by mod -
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sikbeta - 54 days 11 hours ago
1.17 -
errr..... (????)


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cgoodno - 54 days 11 hours ago
1.18 -
1. Damn this idiot age of sue happy people.

2. There's less than even a tenth of a percent of persons who have had this happen. It's may even be immeasurable, it's that small. The suit won't go through based on this alone.
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vhero - 54 days 11 hours ago
1.19 -
Only in the US eh? Over here in UK Sony will replace it for free. Tried and tested by a friend of mine.
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edgeofblade - 54 days 7 hours ago
1.20 - @Vicodin:
That's right.... there is a massive Microsoft conspiracy to slander the PS3, so much more so than there is a Sony conspiracy to slander the Xbox.

It's hard to impress me, but you're so naive, you might just do it.

On-topic: Funny how these threads usually have tons of Sony fanboys saying Microsoft deserves to get sued for sneezing, but when it's Sony getting sued, suddenly justice is served by dismissing the case. How very interesting...
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Bgibbs - 54 days 7 hours ago
1.21 - @ 4point7BillionLoss
Troll elsewhere please. And you might want to go check up on MS with their losses while you're at it
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darkmurder - 54 days 6 hours ago
1.22 -
Sownedy
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rockleex - 54 days 4 hours ago
1.23 - "Funny how these threads usually have tons of Sony fanboys saying Microsoft deserves to get sued for sneezing, but when it's Sony getting sued, suddenly justice is served by dismissing the case. How very interesting..."
How you can compare ONE measly PS3 bricking (coincidentally, or not) after a firmware update to the RROD epidemic, is beyond me.

Do you not see the major difference in scale between the two?

First off, in order to win the case, they would have to prove that firmware updates caused their PS3 to brick. How would they go on to prove that? They would need numbers to go in their favor.

How many PS3's have bricked after a firmware update so far?

Exactly.

Once numbers come into play (their only chance of winning), their claim will stand even less of a chance.

In simpler terms, if this was a widespread issue, then they would have the upper hand against Sony in trying to prove that firmwares caused their PS3 to brick. But they DON'T have the upper hand because this issue is so few and far in between that one could even say this is merely a coincidence.
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Budg3tG4m3r - 54 days 4 hours ago
1.24 -
If the firmware destroyed their PS3 then they deserve to be compensated, not with millions of dolars but with a new PS3 and a few games.
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BLuKhaos - 54 days 4 hours ago
1.25 -
My 60gb PS3 stopped reading my PS2 games a few days after I downloaded the 3.01 update back in September.It reads DVD's and my PS1 and 3 games perfectly and my PS2 discs are scratch free so I don't think it's a hardware problem.My games all freeze at the title screen.I'm waiting for the next update to see if it fixes it.I'm hoping it was the update that messed up my PS2 BC so I don't have to send it in to Sony and pay $150.
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ApocalyPS3 - 54 days 4 hours ago
1.26 -
PS3 fanboys have such double standards. They'll let this slide and say it's a minority, then when they approve their RRoD/Anti-Microsoft articles they'll call out Xbox 360 supporters and say that we're giving Microsoft a free pass.

I hope more of these stories get approved...those 700 fake accounts might not let that happen.
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slayorofgods - 54 days 3 hours ago
1.27 -
I tripped over my ps3 controller. I think I will sue Sony for not putting a warning label on it now.
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darthv72 - 54 days 3 hours ago
1.28 - @blukhaos
I wondered if that could happen. Mine is an 80gb motorstorm edition with bc and I updated to 3.00. I have not tried a ps2 game in it since then as I usually have my ps2 hooked up.

I am curious if the fw breaks bc in units that supported it (either hw or sw). That would totally suck if mine could no longer read ps2 games. If the fw removed bc in the 20, 60 and 80gb units then they are no longer considered the better units to have.

Now I have to go home and check using my rachet and clank ps2 game.
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Enate - 54 days 1 hour ago
1.29 - thereapersson
I know what you mean my system was the same doing just fine. Two 60gb models in fact an they both died one after 3.00 and 3.01. Almost everyone who didn't or hasn't had an issue with their PS3's thinks people who have are lying or something. I've had every Playstation product launch but after the PS3 I've learned my lesson about such things. I also know about 12 other people who have 60gb Playstation 3's that got the Yellow light following those two updates. I'm a huge Playstation fan but I don't walk around acting like its an invincible non issue having system just because I like the experience my PS3 gives me. Having to come out of pocket for a well taken care of yellow lighted system didn't make me happy at all. It was money I had saved from working over the summer to get a few games this winter.

I had to end up rushing to get the system repaired mainly because it had a gamefly game in it I needed to send back. Regardless of what Sony claims causes the yellow light. Yellow lighted systems should be fixed for free an your respective accounts deactivated from the system. I think the problem is big enough to be an issue but obviously not as much as the RROD, E74 and Disc scratching issues with the 360 but it is an issue none the less.
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BLuKhaos - 53 days 23 hours ago
1.30 - @darthv72
I don't think it disables PS2 BC, it's probably just a bug.I'm just waiting for the next update to see if it fixes the problem before I call Sony up.That's what I get for not finishing uncharted before the 3.00 update :(.
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drummerx2709 - 54 days 20 hours ago
2 -
Against Sony!? These guys don't stand a chance.

It will most likely end up like when Microsoft got sued for similar reasons in 2007.

Why don't they just pay the $150 and move on with their lives?
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dk_2kx - 54 days 19 hours ago
2.1 - Because
because if nobody does nothing about, it will continue to happen.
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Proxy - 54 days 19 hours ago
2.2 - Agreed.
The standard need to be set here and now. If I buy a product it should work forever.

You have your Monoliths, Zohars, and PS3s.
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cgoodno - 54 days 11 hours ago
2.3 -
Incorrect. If you buy a product, it should work the expected number of years, which for a computer is 5. No item with the technology used today can be guaranteed to continue to work forever.

Thinking like that is just idiotic, honestly. As a consumer, if that's the way you think, you'll rarely be happy.
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vhero - 54 days 10 hours ago
2.4 -
If you buy a PS3 in the US you should expect it to work for 3 months thats why you get 3 month warranty anything else is extra. UK law sates they should last 1 year so warranty over here is 1 year. Some places in EU though Sony warranty is a whopping 2 years. People should do what I did and pay a little extra (£80) for 3 years warranty on top of initial warranty :). So I got 4 years cover now for cheaper than the cost of a repair. Worth it for peace of mind!
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iceman06 - 54 days 1 hour ago
2.5 - Why don't they just pay the $150 and move on with their lives?
Well...because THEY feel that they were led astray by the business practices of Sony. Do I agree? Not completely. But I understand WHY they are attempting to sue. Most times big business could keep most of their problems to a minimum by just handling customer service in the correct way. However, the bottom line for ALL business is MONEY. I get that. However, when money comes at the expense of customer satisfaction and loyalty...which ALL businesses attempt to garner through the release and support of quality products...there is a crossroads of sorts.
As to the validity of the claim...that will be determined by the proof that comes once the class for the action is formed (although there is some BS involved in the class that was asked to join...it's basically ALL PS3 owners connected to the internet).
The people have the right to sue....SONY has the right to defend...and the courts will decide. This could be just 2 angry and isolated incidences OR the beginning of a REAL issue.
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MentalKing666 - 54 days 20 hours ago
3 -
ive never had problems updating lol yay me!!!
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MentalKing666 - 54 days 20 hours ago
3.1 -
at disagree.....orly?
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HDgamer - 54 days 19 hours ago
3.2 -
Fanboys have issues, stealth disagree without explanation :/
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RememberThe357 - 54 days 13 hours ago
3.3 - Haha
Apparently you have had problems with firmware updates. You just weren't fanboy enough to notice.
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cmrbe - 54 days 20 hours ago
4 - Umm
tough one. If Sony is in the wrong then they should get their ass sued. If not these gamers should never touch a PS3 again.

The plaintiff is claiming that it was the firmware that cased the hardware failure and with their PS3 out of warrenty they must pay 150 to fix it.

I wonder how they are able to prove that this was the case with regards to proving that it was the firmware that killed their PS3.

Are their any reports of firmware killing PS3?. I haven't heard of any. If there are then they should bring it forward to force Sony to find a solution.

I have a launch 60 gig and no problems except for a U1 freez.
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ReBurn - 54 days 7 hours ago
4.1 -
The official Playstation forums were on fire with reports of bricked systems and freezing problems after the 3.0 update. I don't understand how anyone who has been around here for the last few months didn't hear of it.

Of course, at the time we had the usual "experts" in here crowing about how people should take better care of their systems and crap like that and the bastions of "never happened to me" people. Of course, everyone is a "never happened to me" person until it happens to them.
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darthv72 - 54 days 4 hours ago
4.2 - Actually...there is a way to prove it was fw related...
If it did go the distance, Sony could try and prove it by restoring the previous firmware on the same system. No internal hardware changes made but simply use their tools and put on fw 2.80 or whatever they had prior to 3.0/01.

If the system returns to normal working order then it could be deemed the fw update did in fact cause the issue. If the system does not return to working status and is found to be a hardware defect then the fw issue would be deemed coincidental.

In either situation, sony would need to be the ones to perform the popper tests to prove one way or the other. For this, they could waive the fee to prove their innocence (or guilt).
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Enate - 54 days 1 hour ago
4.3 - ReBurn
That's exactly what I was saying everyone is an it never happened to me person until it happens to them. Its annoying as a Playstation fan to sit an watch how some people feel great about having to pay $150 bucks for a system to get replaced that you paid $600+ for after a little under 3 years. Which of course most people that are like just pay it an be happy are people who haven't paid it or have enough money to where it wouldn't bother them. One of my issues beyond paying the money was that they wouldn't deactivate the accounts on the system after I paid to have the system repaired/replaced. I had my accounts an friends accounts on there from when they come over a played an things of that nature. An now those accounts are sitting or some either dead or now reformatted/now refurbished PS3 taking up a slot on my accounts as well as my friends.

darthv72 actually that wouldn't work if 3.00 or 3.01 killed the system. An engineer pointed out on the playstation forums how a firmware update could break some PS3's. An why some have not will not or have yet to experience the issue that some have. One of the examples he gave was that an increase in disc rpm to improve load times could make older systems hotter an to the point where the heat became to much. Also that because of the added heat maybe the place you had your PS3's previously now didn't provide enough airflow for the added heat you were unaware your system was now generating. An I'll tell you something I was told when I called Sony about my PS3 yellow lighting shortly after 3.01.

I was told that firmware is can not(incapable) change the functionality of the PS3. Since when is it incapable of doing that?
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kenjix - 54 days 20 hours ago
5 - Legal Fees less than $150?
I hope the lawyers are working for free.
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NotSoSilentBob - 54 days 19 hours ago
5.1 -
The Lawyers will take the case and get paid from any of the winning. If anything they will make out like Bandits weather Sony Settles out of court or ends up loosing. Either way I wouldn't doubt it if they lawyers convinced the Ps3 "owners" to file the lawsuit.
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ReBurn - 54 days 6 hours ago
5.2 -
In a class-action suit the plaintiffs don't pay the legal fees. The legal fees are paid out of the damages and the plaintiffs often get limited compensation. The idea behind them isn't for the plaintiffs to get rich, it is for the defendant to change their practices and accept responsibility for the damage they have done.

When Sony settled the PS2 lawsuit they agreed to fix or replace the systems of people affected by the problem and compensate them with $25 and a free game. If you had proof that you paid for a repair, like I did, you got a refund.
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Grassroots - 54 days 20 hours ago
6 -
I don't need anyone to sue Sony on my behalf....

sad two individuals
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ReBurn - 54 days 6 hours ago
6.1 -
I guess if you don't mind handing Sony $150 if your console bricks after a firmware update then I guess not. But if you don't mind doing than then it's not those guys that are the sad ones.
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