PS3 "Other OS" Removal May Violate Norwegian Law

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PS3 "Other OS" Removal May Violate Norwegian Law

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The Norwegian Consumer Council says Sony's removal of the "Other OS" option in the PlayStation 3 is a clear violation of the country's Marketing Control Act and plans to file an official complaint with the Consumer Ombudsman.

A lot of PS3 owners got a bit of a nasty surprise back in March 2010 when Sony decided to remove the console's "Other OS" option. Sony claimed that the removal of the option, which let users install alternate operating systems like Linux, was a necessary security measure, but that didn't fly with a lot of owners, some of whom very predictably launched lawsuits.

But the Norwegian Consumer Council is taking matters a step further. "Sony claims a universal right to change or remove functionality from the gaming console," said Thomas Nortvedt of the Norwegian Consumer Council. "In our opinion this is in clear violation of the Marketing Control Act, and not the least it's a breach of trust between the consumer and Sony."

The council received several complaints about the Other OS removal but Nortvedt said digital services aren't covered by Norway's current consumer laws. As a result, users are at the mercy of license agreements that deprive them of meaningful protection, demonstrating "just how little protection the consumer has in the digital age."

"There needs to be a limit to what constitutes a reasonable change to products we buy. Terms of service that grant the manufacturer full access to literally downgrade the product or limit the functionality are unreasonable and in clear violation of the Marketing Control Act," Nortvedt said. "When a company uses terms like updates or upgrades, it is reasonable to expect a significant improvement of the product and not the risk of being stuck with a lesser product."

This is a case that bears watching. The Norwegian market on its own may not have enough heft to make Sony tremble but it could set a rather unwelcome precedent and inspire other nations to follow in its footsteps. If nothing else, a successful complaint could trigger similar actions from aggrieved consumer groups around the world, causing a legal and PR headache that Sony would probably much rather avoid.

Yet while Norway spearheads this particular battle over digital consumer rights, it remains mired in irrelevance when it comes to lions and tigers. Norway? More like Snoreway.

Source: Forbrukerrådet

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Hey, Go Norway! The removal of otheros was a load of bollocks as far as I'm concerned. We need to demand the right to access our legally bought hardware.

Wasnt the removal of the os thing to combat piracy? Seeing as the ps3 has been cracked i dont think thats a problem anymore.

Wow, im surprised a goverment us going after sony for this. I hope they dont screw up.

We have but a single hope, and as always, it's Norwegian!

Arachon:
Hey, Go Norway! The removal of otheros was a load of bollocks as far as I'm concerned. We need to demand the right to access our legally bought hardware.

But you're just licensing it, much like you license your body parts from your parents, and your air from the government of whatever country you're in.

Did Sony originally market this as a feature?
If it's not a feature but an exploit I can see why they disabled it.

Doom972:
Did Sony originally market this as a feature?
If it's not a feature but an exploit I can see why they disabled it.

Yes it was marketed as a feature, and for some people it was their reason for purchasing a PS3.

I bought the PS3 after this whole other OS thing, but When i found out about it, I was a little angry. To be honest, I probably wouldn't have used the feature, but the fact that other people did, and quite a few of them as well, made me feel like they shouldn't have the right to remove the feature completely. A firmware update could have easily sealed the supposed hack, if they had spent a little more time. And besides, if a hacker REALLY wants to get through your protection, be it your OS or some DMR, they will. You can't stop them on a limited budget. Sony lost a lot of PR, and this case just opens the old wounds. Have fun with another PR drop Sony, not that you care all that much.

Seriously? Who the hell cares anymore? if you want a computer, get a computer. If you want to play games get a ps3.

Simple, no?

danpascooch:

Arachon:
Hey, Go Norway! The removal of otheros was a load of bollocks as far as I'm concerned. We need to demand the right to access our legally bought hardware.

But you're just licensing it, much like you license your body parts from your parents, and your air from the government of whatever country you're in.

\

Exactly. You agreed to license the limbs by being born, and agree to license the air every time you breath. Just like when you buy a PS3, you agree to the terms that you don't know about until after you buy it. (I realize that you can read the terms online, but be honest, who is actually going to go out of their way to not only read, but understand the legal jargon?

Good play by Norway.

+1 for common-fucking-sense. How rarely do I see thee today.
If we permit the current precedent to continue, we are only allowing ourselves to be abused further down the line.

Applause for the Weebls-Stuff reference.

Surely though these complaints, coming almost a year after it was removed shan't come to much... Unfortunately.

As if Sony doesn't have enough shit on their hands already with the PS3 being hacked recently.

Rogun11:
Wasnt the removal of the os thing to combat piracy? Seeing as the ps3 has been cracked i dont think thats a problem anymore.

yes it was but the piracy started becuase some one tried to start making pirate games and so people have been hacking the hell since the removal of the otherOS

Yes! Go my Scandinavian brother! Show Sony the errors of their ways!

Now if only my own country(Sweden) had the balls to go against this bullshit...

GrammarLad:
Seriously? Who the hell cares anymore? if you want a computer, get a computer. If you want to play games get a ps3.

Simple, no?

It's a matter of principle. It's like selling someone a car then coming around and removing the windscreen.

It was never removed.

You can just not update your console. You have every right not to. Since you were fully warned before updating that this would remove Other OS, this means that it is still technically a part of the system. So no law was broken. Moving on.

Is the OS that important? I mean I am all for fighting this simply because you should have the right to use a feature that was apart of the system before (Especially seeing as I'm sure someone somewhere bought it for that reason.)

But are the benefits of having linux on a PS3 that great? And when I say great I mean pirating aside?

This is the kind of thing that drives people to pirates and hackers in the first place.

AnythingOutstanding:
It was never removed.

You can just not update your console. You have every right not to. Since you were fully warned before updating that this would remove Other OS, this means that it is still technically a part of the system. So no law was broken. Moving on.

I didn't see anywhere on the box "Now with either OTHER OS, or PLAY STATION NETWORK! But only one! choose wisely!!", just like I was never informed before purchase that I was licensing the product not buying the plastic bits. Should I not get free Playstations with this purchased licence?

Sure, Microsoft could possibly (unless I'm missing complex legal shit) make the next version of Windows incompatible with MS Word, but they wouldn't, because that would be an asshole move, just like what Sony is doing here...

dogstile:

GrammarLad:
Seriously? Who the hell cares anymore? if you want a computer, get a computer. If you want to play games get a ps3.

Simple, no?

It's a matter of principle. It's like selling someone a car then coming around and removing the windscreen.

I would argue it's more like selling a car that is also a toaster, and then removing the bread compatability.

awesomeClaw:
Yes! Go my Scandinavian brother! Show Sony the errors of their ways!

Now if only my own country(Sweden) had the balls to go against this bullshit...

Going neutral again, eh Sweden? I kid... Sorry.

Anyway, yay us! We're not going to have much of an impact alone though. Hey Sweden, wanna gear up our viking fleets again?

AnythingOutstanding:
It was never removed.

You can just not update your console. You have every right not to. Since you were fully warned before updating that this would remove Other OS, this means that it is still technically a part of the system. So no law was broken. Moving on.

Seems they're more focused on how the terms of use or whatever is complete bullshit and how little protection consumers actually have.

GrammarLad:

dogstile:

GrammarLad:
Seriously? Who the hell cares anymore? if you want a computer, get a computer. If you want to play games get a ps3.

Simple, no?

It's a matter of principle. It's like selling someone a car then coming around and removing the windscreen.

I would argue it's more like selling a car that is also a toaster, and then removing the bread compatability.

In which case you've still removed something from a product that many people have already brought, which is a dick move.

I refuse to enter negotiations with Sweden until Jämtland and Herjedalen is on the table! ;)

Atmos Duality:
Good play by Norway.

+1 for common-fucking-sense. How rarely do I see thee today.
If we permit the current precedent to continue, we are only allowing ourselves to be abused further down the line.

Hear hear!

I only hope others really do follow suit. We've relinquished far too many rights as consumers to the video games industry, and it's about damned time we saw that changing.

Braedan:

AnythingOutstanding:
It was never removed.

You can just not update your console. You have every right not to. Since you were fully warned before updating that this would remove Other OS, this means that it is still technically a part of the system. So no law was broken. Moving on.

I didn't see anywhere on the box "Now with either OTHER OS, or PLAY STATION NETWORK! But only one! choose wisely!!", just like I was never informed before purchase that I was licensing the product not buying the plastic bits. Should I not get free Playstations with this purchased licence?

Sure, Microsoft could possibly (unless I'm missing complex legal shit) make the next version of Windows incompatible with MS Word, but they wouldn't, because that would be an asshole move, just like what Sony is doing here...

So don't buy their shit.

If you deny them of profits then they will eventually get the message.

Chapper:

awesomeClaw:
Yes! Go my Scandinavian brother! Show Sony the errors of their ways!

Now if only my own country(Sweden) had the balls to go against this bullshit...

Going neutral again, eh Sweden? I kid... Sorry.

Anyway, yay us! We're not going to have much of an impact alone though. Hey Sweden, wanna gear up our viking fleets again?

Sure! I will follow you to Valhalla my brother! Fight for glory! And...the ability to install Linux on the PS3.

It sounded considerably more epic in my head.

AnythingOutstanding:

Braedan:

AnythingOutstanding:
It was never removed.

You can just not update your console. You have every right not to. Since you were fully warned before updating that this would remove Other OS, this means that it is still technically a part of the system. So no law was broken. Moving on.

SNIP

So don't buy their shit.

If you deny them of profits then they will eventually get the message.

It is kinda hard to "not buy their shit" if you don't know until after you get screwed....

Icehearted:

Atmos Duality:
Good play by Norway.

+1 for common-fucking-sense. How rarely do I see thee today.
If we permit the current precedent to continue, we are only allowing ourselves to be abused further down the line.

Hear hear!

I only hope others really do follow suit. We've relinquished far too many rights as consumers to the video games industry, and it's about damned time we saw that changing.

Only because you guys let them.

If you don't like something they're taking away, then don't buy the product in the first place. That was simple wasn't it?

[1] Moderator edit: Do not insult other users, read the posting guidelines.

awesomeClaw:

Chapper:

awesomeClaw:
Yes! Go my Scandinavian brother! Show Sony the errors of their ways!

Now if only my own country(Sweden) had the balls to go against this bullshit...

Going neutral again, eh Sweden? I kid... Sorry.

Anyway, yay us! We're not going to have much of an impact alone though. Hey Sweden, wanna gear up our viking fleets again?

Sure! I will follow you to Valhalla my brother! Fight for glory! And...the ability to install Linux on the PS3.

It sounded considerably more epic in my head.

We'll just play Manowar at full blast. That'll help the epicness.

AnythingOutstanding:

Braedan:

AnythingOutstanding:
It was never removed.

You can just not update your console. You have every right not to. Since you were fully warned before updating that this would remove Other OS, this means that it is still technically a part of the system. So no law was broken. Moving on.

I didn't see anywhere on the box "Now with either OTHER OS, or PLAY STATION NETWORK! But only one! choose wisely!!", just like I was never informed before purchase that I was licensing the product not buying the plastic bits. Should I not get free Playstations with this purchased licence?

Sure, Microsoft could possibly (unless I'm missing complex legal shit) make the next version of Windows incompatible with MS Word, but they wouldn't, because that would be an asshole move, just like what Sony is doing here...

So don't buy their shit.

If you deny them of profits then they will eventually get the message.

Except this is about people who already bought their shit, and were then ripped off of content.

I'd love to get Linux on my Playstation, that'd be awesome. I hope they return the feature.

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