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

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

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

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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)

Topics: Operating Systems, Amazon

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4 comments
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  • Will Amazon be able to charge that difference back to Sony?

    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.
    Fark
  • RE: Amazon offers partial refund (without return) to PS3 owner over

    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.
    M.M.Grimes
  • Uniform Commercial Code and Magnusson-Moss Act

    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 [b][i]MAGNUSSON-MOSS ACT[/i][/b] 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 [b][i]lawyers[/i][/b] 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.)
    Rick_R
  • It all relates to Hiring of Sir Howie Stringnutz as CEO! :O

    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!
    i2fun@...