530°

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: 50 days 1 hour ago | News | PlayStation 3
 
 

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Showing: 51 - 92 of 92 Comments
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hokis4ever - 50 days 1 hour ago
1 -
If it can be proven that there was no underlying problem, and it was due to the update, they deserve to get something out of this.

Being a forced update (if you wanted access to PSN etc), they shouldn't be held accountable for the failure.

With that said, I personally feel this will not really get anywhere.
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ballsofsteel - 50 days ago
2 -
sad thing is these guys will probably win when it was most likely something they did to break there PS3
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stuna1 - 50 days ago
3 - Another old article!!!
This had been posted about two month ago, about as old as the one who submitted it! Way to go Chrisulla. LOL.
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naiku - 50 days ago
4 -
Tell me why me or any of my friends NEVER had a problem with our consoles? Because we take care of them and not do something to it while it's updating... I never had my PSP or PS3 brick and I had them since launch...
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Enate - 49 days 6 hours ago
4.1 - naiku
Your the same it hasn't happened to me person I was talking about a minute ago. I also pointed possible reason prior to why it wouldn't affect all systems equally. I've had every Playstation product at launch including my PSP-1000 and my PS1 which btw still works. An not only did my PS3 break after 3.01 but my older brothers broke after 3.00 within two days of each other I might add. I know how to take care of my system an the flooded Playstation forums was not some random series of unfortunate events imagined by 360 fans. I also pointed out I know about 12 or so other people who got the yellow light on 60gb systems following either update. Be happy that it hasn't, didn't or doesn't happen to you but don't sit here an act like Sony can do no wrong because that would be lie.
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CLANCY BROWN - 49 days 3 hours ago
4.2 - keep your heads in the sand
better yet stick your fingers in your ears and go nananananananananana.
Just because it has not happened to you, does not mean it does not exist. I have never had my home destroyed by a hurricane- so therefore it must not exist- shakes head- nope no such thing as hurricanes-it's a conspiracy by microsoft to make God look bad. lol
THE SDF IS IN FULL FORCE-DEFEND AT ALL COSTS-DESTROY ALL WHO HAVE ANYTHING NEGATIVE TO SAY ABOUT GOD SONY-DENY-DENY-DENY
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SnukaTheMan - 50 days ago
5 - Good luck with that.....
You agree to terms every time you upgrade your firmware on any console...most people just click without reading. this is a losing battle.
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oobob - 49 days 19 hours ago
5.1 -
google "implied warranty of merchantability" and call me when you know anything about law.
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SnukaTheMan - 49 days 19 hours ago
5.2 - talking about law...???
"Another implied warranty is the warranty of title, which implies that the seller of goods has the right to sell them (e.g., they are not stolen, or patent infringements, or already sold to someone else). This theoretically saves a buyer from having to "pay twice" for a product, if it is confiscated by the rightful owner, but only if the seller can be found and makes restitution."

its more along the lines of "implied warranty" dont you think obon?
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dk_2kx - 49 days 13 hours ago
5.3 - Yeah but...
Yeah but even if you read the terms you have no choice but to accept the them cause if you say no sony will not allow you do anything online, and that is really, fck up.
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sa_nick - 49 days 23 hours ago
6 -
I had an original 60GB and it got the YLOD 3 days after the 3.0 update. It's not co-incidence, something in the update f*cked with the older systems and caused them to brick.
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god_o_war - 49 days 19 hours ago
6.1 -
me and my mate have launch 60gb models and after about a month-month and a half no problems with the update
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disembark - 49 days 19 hours ago
6.2 - Horrible customer service, conspiracy
it's so people have to buy the new ps3. Nobody is gunna be dumb enough (or some might actually pay the 189$ (In Canada wtff sony)) to pay 150 to get an old ps3 that'll just break again. Only 3 month warranty. Sony is full of BS. Might as well buy a new one. My ps3 broke down, then it broke down AGAIN 4 months after and they repaired it for free. My 3rd household ps3 broke down after more than a year of use (froze then got YLOD after playing 30mins of demon's souls, day after release) and they refused to give me it for free. Sometimes they let you get a refurbished one for only 50$ (i know some people who did), their a bunch of assholes who only do some people favors. You must harass them and keep trying until you make a good deal with them...seriously it's so disgusting what they do. If i could make them bankrupt, i would...
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ReBurn - 49 days 11 hours ago
6.3 - @god_o_war
And do you and your mate have exactly the same system settings, installed games and game updates, media files, etc that sa_nick has? Is your configuration exactly 100% the same? Does your 60GB system have hardware BC? Or the software BC? Are you all using HDMI cables? Or perhaps you all have component cables.

All things are not equal and it is impossible for Sony to test for 100% of configurations. So if a system dies as a result of an untested configuration, which is entirely possible, Sony should fix it. Especially since these are not optional updates if you're an online gamer.
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CLANCY BROWN - 49 days 3 hours ago
6.4 - LIAR
You were paid by microsoft to say that. lol-
Take it easy just kidding man
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Shendow - 49 days 22 hours ago
7 - Wow
I haven't had any problems with any of the firmware updates an all the games listed that said to have problems -_- I had no problem and finish Uncharted with firmware 3.0 and I ran alot of old games and alot of newer ones.

I think people are doing something wrong or just got bad luck with it, now suing Sony is a bad move, before you update your systems. Theirs a little thing that shows up on your screen saying problems might happen and you are taking the chance at having them

With that said -_- I feel sorry for the people that think suing Sony will help.
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oobob - 49 days 19 hours ago
7.1 -
"I think people are doing something wrong or just got bad luck with it, now suing Sony is a bad move, before you update your systems. Theirs a little thing that shows up on your screen saying problems might happen and you are taking the chance at having them"

google "implied warranty of merchantability"
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Shendow - 49 days 12 hours ago
7.2 - Google?
Sorry but now thanks, if you say yes to something like a download, then anything that happens is your problem.

Doesn't matter really if it was the software or not and people most not have a live if they think they got to disagree with me.
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oobob - 49 days 8 hours ago
7.3 -
"Sorry but now thanks, if you say yes to something like a download, then anything that happens is your problem."

I'm in law school and this is so ridiculously false I can't begin to explain it.
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Shendow - 49 days 5 hours ago
7.4 - lol
Law school doesn't mean sh!t each state has their own laws an loops, same go's with things you sign for, but that doesn't change that fact that they were told it could happen and Sony isn't response for it.

Plus by laws you can resue some one, which is pretty dumb, so get back to your books and your home schooling.
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kasasensei - 49 days 21 hours ago
8 -
"Sony sued over PS3 firmware update problems"
Good luck to prove that kids! ^^
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Dsnyder - 49 days 21 hours ago
9 - "BAWWWWWWWWWW"
Thats all I read there...
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ndibu - 49 days 20 hours ago
10 - Oh no!
It's a conspiracy against SONY, these things aren't actually happening. YLOD is a myth to soften up RRoD reports...fanboys shud up
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disembark - 49 days 19 hours ago
11 - How to AVOID the YLOD
If your PS3 Freezes, quickly take out the disc, switch the switch off the back and plug it out. Wait 3mins before turning it back on to see if it gets YLOD. My f'in 4th!(60GB) ps3 froze and instead of turning it off with the power button or letting it shut off by itself which lead to YLOD, I took out my disc (because you can't take it out when YLOD) turned it off from the back when it beeped and plugged it out. It flashed yellow when i turned it from the back, but it worked when i turned it back on. It froze 3 times after that (different days )and i kept doing what i did (this time no flash of yellow light), and its still working. I give it one more month before it YLOD's or the next update...-_-

NEVER EVER EVER let it shut off by itself or turn it off by keeping your finger on the power button...or else it WILL NOT go back on. TOP PRIORITY is to take out your disc.

Good luck to you all. Everyone who uses their ps3 18-30 hours a week will get ylod. The fan can be used as a blower to dry your hands like in a public bathroom.
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thereapersson - 49 days 14 hours ago
11.1 -
"Good luck to you all. Everyone who uses their ps3 18-30 hours a week will get ylod. The fan can be used as a blower to dry your hands like in a public bathroom."

I lol'ed at that last sentence... hahaha
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stonecold1 - 49 days 18 hours ago
12 - never had a problem with my launch
60gb ive had for 2 years and 11mnths not one problem with my system
13 becoolbiz0206 | 49 days 14 hours ago - deleted by mod -
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artsaber - 49 days 14 hours ago
14 - This is stupid...
Sony, just settle out of court by giving the TWO people a free 250GB PS3 Slim and 2 games of their choice for their trouble. It would be cheaper, Case closed.

It will be more expensive than the console is worth for the consumer to try and sue Sony.

EDIT: This is easy for Sony, just have them ship their consoles for "repair" and recycle them as refurbs to anyone else who has a problem. It is only a pair of systems, it is NOT worth the effort on Sony's behalf, or the consumer to go through lengthy legal process for something that could be so easily rectified.
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crazyclown - 49 days 14 hours ago
15 -
they will win watch...since we have no choice but to update or else we can't go online, we are basically told to update or else...

no choice but to update = sony's fault

id sue them
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ReBurn - 49 days 12 hours ago
15.1 -
Exactly. System software updates are mandatory if you want to use XBL or PSN when new firmware is available. So you have no choice but to take that chance. Therefor if something goes wrong then the company should have to fix the brick they created.
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Enigma_2099 - 49 days 13 hours ago
16 - I don't care WHO they go after...
I HATE these type of lawsuits!
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Enigma_2099 - 49 days 9 hours ago
16.1 - What?!?!
If it's proven beyond a shadow of a doubt that the firmware update was the sole cause of the bricking, I'm willing to bet they'd replace the console... possibly free of charge. Besides, it hasn't even happened in massive numbers of PS3s with the firmware updates! Unlike say, another incident of massive hardware failure that was swept under the rug... Mine is running just fine as we speak!

THAT'S why I hate these kinds of lawsuits. They're just hoping to make some cash.
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ReBurn - 49 days 12 hours ago
17 -
I had a firmware update brick my 360. It was fine, I updated, it died. My Wii also bricked after a failed software update. No reason why a failed software update couldn't eventually do the same thing to my PS3.

And for the folks criticizing the two guys that started this lawsuit, why don't you people grow up a bit? It takes one person with the courage to change things to stand up and do the right thing. If you fools don't mind handing over $150 on the day your system bricks then that's fine. Personally I'd rather have the company I purchased it from stand behind their product and make things right.

Nintendo fixed my Wii for free, even though it was out of warranty. Microsoft fixed my 360 for free as well. I expect that if I'm ever in that situation Sony will take responsibility and fix their system as well. They didn't do it with the PS2 and the DRE problems I had at launch. In my experience with Sony they always have to be forced through the courts to do the right thing. Looks like it's time for that to happen again.
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Shendow - 48 days 9 hours ago
17.1 - Ok?
Wow, I hope Sony doesn't fix yours, I'm sorry but as much as it sucks.

If you agree to downloading it an it kills your system, it is your problem and not Sony. They told you it could happen.
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Dorwrath - 49 days 7 hours ago
18 -
Two people so what. It doesn't matter at all.

They win. Sony will pay them off before they reach court anyhow. Doesn't matter if the update broke their console or not, Sony will pay them to not take them to court.

If it did brick their console then you know fair well that it was more than two. If mine had bricked, I'd of taken it straight back to Best Buy and exchanged it for a new one. (Extended warranty). So there will be more that couldn't be bothered suing.
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Whitefox789 - 49 days 6 hours ago
19 - Idiots
They have a user agreement before downloading the update that states in section 3 of the user agreement that "Some services may change your current settings, cause a loss of data or content, or cause some loss of functionality."

http://uk.playstation.com/p...

either way case is already done, this is why they have our consent before we install an update.
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Paradise Lost - 49 days 6 hours ago
20 -
Obviously...the states where everyone sues for pretty much about everything.

OUCH! My coffee is too hot! Where's my lawyer!?
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gtamike123 - 49 days 6 hours ago
21 -
My PS3 is fine and everyone I know that has a PS3 is fine.
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djfullshred - 49 days 3 hours ago
22 -
I think a lot of people that like video games are real putzes when I read these forums sometimes. Not those that want some justice because they had a bad product experience. But those that take the side of the corporations instead of the game players that had their machines brick on them through no fault of thier own.

Some real piss poor attitudes, and totally on the wrong side of the "ethics fence".
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Ldubbz - 49 days 2 hours ago
23 - Yeah
I still dont understand the constant FW updates with PS3, I find them annoying. More often than not, the updates add little to no functionality. I have owned a PS3 since March (or Feb...dont remember), and though I have updated it more than a few times, I have yet to care about a single thing it has updated. The biggest update was the last one I think, the one that changed the look of the XMB...meh.

Did it really need it? Nah. Anything new that I care about yet? Nah. If you disagree, please tell me why cuz I really cant name any added functionality that I should care about

EDIT

Wait, they did fix that audio switching now so it can auto-detect...that was useful...though it should have been that way to begin with
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The Kingslayer - 49 days 2 hours ago
24 - RROD
Indeed...Warranty anyone?
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TheBand1t - 49 days 1 hour ago
24.1 -
:/ Do you honestly think these happen anywhere near the frequency of RROD? You're out of your mind if you do.
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