The plaintiffs argue that the PS3 should come with implied warranties from Sony that it will continue to work after receiving firmware updates. Those warranties, however, are limited to the device being unusable, not merely usable but annoying. At this stage Judge Richard Seeborg is not sure if unusability is alleged or not.
He dismissed the case with leave to amend this claim.
The plaintiffs also argued unjust enrichment and tort negligence, but neither of these are available for economic losses for a breach of contract.