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Hardware 2.0

Adrian Kingsley-Hughes

Amazon offers partial refund (without return) to PS3 owner over "Other OS" removal

By | April 9, 2010, 8:37am PDT

Online retailing giant Amazon has offered a partial refund to a European PS3 owner over the removal of the “Install Other OS” feature.

Note: Let it also be noted that the firmware update that removed this feature also seems to be bricking some PS3 consoles.

The partial refund was given to NeoGAF Forum moderator Iapetus without the owner having to return the PS3 gaming console.

We are writing to confirm that we have processed your refund in the amount of £84.00 for your Order 666-5327564-4432412.

This refund is for the following item(s):

Item: Sony PlayStation 3 Console (60GB Premium Version)
Quantity: 1
ASIN: B0007SV734
Reason for refund: Account adjustment

The following is the breakdown of your refund for this item:

Item Refund: £71.49
Item Tax Refund: £12.51

This refund amounts to around 20% of the cost of the console.

Note: £84 is around $129.

How did this PS3 owner pull this off? Apparently he cited European Directive 1999/44/EC. This piece of legislation states that goods must:

  • Comply with the description given by the seller and possess the same qualities and characteristics as other similar goods, and
  • Be fit for the purpose which the consumer requires them and which was made known to the seller at the time of purchase

By removing features from the console through a firmware update, Sony has changed the function of the console. If people bought a PS3 in order to be able to install another OS on it, this firmware update makes the console unfit for purpose.

Interesting.

(via Slashdot)

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Adrian Kingsley-Hughes is an internationally published technology author who has devoted over a decade to helping users get the most from technology.

Disclosure

Adrian Kingsley-Hughes

All opinions expressed on Hardware 2.0 are those of Adrian Kingsley-Hughes. Every effort is made to ensure that the information posted is accurate. If you have any comments, queries or corrections, please contact Adrian via the email link here. Any possible conflicts of interest will be posted below. [Updated: February 23, 2010] - Adrian Kingsley-Hughes has no business relationships, affiliations, investments, or other actual/potential conflicts of interest relating to the content posted so far on this blog.

Biography

Adrian Kingsley-Hughes

Adrian Kingsley-Hughes is an internationally published technology author who has devoted over a decade to helping users get the most from technology -- whether that be by learning to program, building a PC from a pile of parts, or helping them get the most from their new MP3 player or digital camera.

Adrian has authored/co-authored technical books on a variety of topics, ranging from programming to building and maintaining PCs. His most recent books include "Build the Ultimate Custom PC", "Beginning Programming" and "The PC Doctor's Fix It Yourself Guide". He has also written training manuals that have been used by a number of Fortune 500 companies.

Adrian also runs a popular blog under the name The PC Doctor, where he covers a range of computer-related topics -- from security to repairing and upgrading.

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It all relates to Hiring of Sir Howie Stringnutz as CEO!
i2fun@... Updated - 12th Apr 2010
Sony needs to be castrated. Meaning get their Stringnutz cut
out of the company. Oh and his double worthless brother (in
charge of BMG) who is responsible for th Rootkit fiasco and
Sony's 10ton tally of DRM packed into everything they produce
now!

I've got three worthless PS3's bricked from updates over the
last 2 yrs and they won't do a thing about them. Sir
Stringnutz is also responsible for kicking the Playstation
Godfather Ken Kutaragi to the curb and making look bad. When
he was the one responsible for putting them back in business
the last time a lunatic was in charge of the company.

My Prediction? Sony is the new Japanese Toyota Failed Brand
Name!

I HOPE THEY GET THEIR ARSES SUED OUT OF BUSINESS! ...the
idiot reversed everything Kutaragi had done in getting Sony
into the green. Then they just wasted all the R&D tech
invested to get them there. Freak 'em and the idiot they have
leading 'em!!! .....don't think I'm buying anything ever
again that has Sony on it!
If so - I bet SONY changes their tune pretty quick. It's one thing to have a small upset group of users, it's an entirerly different animal if that group expanses and extracts cash from your pocket. If it can be become std. operating proceedure - then all Europeans will request this charge back.

OUCH.
Manufacturers seem to want to control what you bought, even when the device is to be used as intended, i.e., Kindle, iPad, PS3.... Manufacturers should not be allowed to intentionally cripple or change the use of a device either retroactively, or produce a device that purposely produced to operate in a anti-competitive manner.
0 Votes
+ -
In legal terminology the first requirement is called "implied warranty of merchantability" and the second is "fitness for a particular purpose".

In the United States the law governing "sales of goods, wares and merchandise" is called the Uniform Commercial Code (UCC), which is a set of state laws governing commerce. The only state that has not adopted the UCC is Louisiana, whose legal system is derived from French law.

The Uniform Commercial Code creates implied warranties, including the implied warranty of merchantability.

Of course, most readers will say, "but the EULA says in all capitals that there is no express or implied warranty of merchantability".

BUT THAT'S WHERE THE FEDERAL MAGNUSSON-MOSS ACT COMES IN! It says that for items selling at more than a certain price (it was $15 back in the early '80's) IMPLIED WARRANTIES CANNOT BE DISCLAIMED! -- Any such disclaimers are VOID. Even most lawyers have never heard of the Magnusson-Moss Act. (The only reason I know of it is because the guy who taught the UCC portion of our bar-exam review course pointed it out specifically.)
0 Votes
+ -
Sony needs to be castrated. Meaning get their Stringnutz cut
out of the company. Oh and his double worthless brother (in
charge of BMG) who is responsible for th Rootkit fiasco and
Sony's 10ton tally of DRM packed into everything they produce
now!

I've got three worthless PS3's bricked from updates over the
last 2 yrs and they won't do a thing about them. Sir
Stringnutz is also responsible for kicking the Playstation
Godfather Ken Kutaragi to the curb and making look bad. When
he was the one responsible for putting them back in business
the last time a lunatic was in charge of the company.

My Prediction? Sony is the new Japanese Toyota Failed Brand
Name!

I HOPE THEY GET THEIR ARSES SUED OUT OF BUSINESS! ...the
idiot reversed everything Kutaragi had done in getting Sony
into the green. Then they just wasted all the R&D tech
invested to get them there. Freak 'em and the idiot they have
leading 'em!!! .....don't think I'm buying anything ever
again that has Sony on it!

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