Wednesday, August 25, 2010

In re Sony PS3 Litigation

I own a Sony Playstation 2 which I use primarily as a DVD player. The PS3 is an updated version of the same device. The PS3 gets firmware updates from the internet, the plaintiffs in this case argue that the firmware updates have damaged their machines and will require $150 per machine to repair.

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.

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