Sony Seeks to Dismiss “Other OS” Lawsuit

September 21, 2010 Written by Ray Conley

Sony Computer Entertainment of America (SCEA) will be filing a motion to strike the class allegations and dismiss the lawsuits that were filed against them after the removal of the “Other OS” function on the PlayStation 3.  The electronics and gaming giant cited many reasons why the case against them should be frivolous, and mainly that the System Software License Agreement gave them the power to do so.

SCEA has been battling seven lawsuits since the removal of the “Other OS” option from their flagship gaming console, which a judge later consolidated into one case in July.  Based on the System Software and License Agreement and the PSN Terms of Service, Sony’s motion claims that thee agreements allow them to authority to make changes to the PS3, even if it removes a previous function.

“These contracts specifically provide PS3 purchasers with a license, not an ownership interest, in the software and in the use of the PSN, and provide that SCEA has the right to disable or alter software features or terminate or limit access to the PSN, including by issuing firmware updates.

“Plaintiffs therefore cannot succeed in any of their claims because SCEA’s alleged alteration/disablement of PS3 features including the Other OS, was entirely proper and authorized.”

SCEA’s motion to dismiss also cited that the claims made by the plaintiff failed to show Sony making references to the “Other OS” within its advertising and mass media promotions.

“Instead, it includes a mix of quotes drawn from obscure articles and unrelated third-party publications, and a smattering of out of context and incomplete references to a few pages of SCEA’s website and user manual.”

A representative from the plaintiff told IGN that they are currently reviewing the motions.  They have also requested that Sony turn over all internal documents that pertain to the decision to remove “Other OS.”

“We are in the process of reviewing Sony’s Motions to Dismiss and to Strike.  These types of motions are fairly common at this stage of the litigation and we believe we have strong arguments for why they should be denied.

“We plan on vigorously opposing these motions and we hope to have them decided in November. In the meantime, we have requested that Sony turn over its internal documents about why the ‘Other OS’ feature was removed and we look forward to reviewing those materials.”

Both SCEA and the plaintiff will meet before a judge and begin litigation this November 4th, 2010.