Sony Asks For Dismissal Of PS3 'Other OS' Class Action

Attorneys representing Sony Computer Entertainment America have responded to a class action lawsuit over the April removal of the PS3's "Other OS" feature with a motion to dismiss the case. The motion, filed last week and obtained by IGN [PDF], argue that Sony's System Software License Agreement and PSN Terms of Service gave the company the right to alter the system's firmware as they see fit. "These contracts specifically provide PS3 purchasers with a license, not an ownership interest, in the software and in the use of the PSN, and provide that SCEA has the right to disable or alter software features or terminate or limit access to the PSN, including by issuing firmware updates," the motion argues. In the motion, Sony's attorneys also rebut the lawsuit's claims of misrepresentation, arguing that the complaint "does not point to any statements made by SCEA on the PS3 packaging or in any mass media advertising campaign that it alleges was untrue." Indeed, Sony characterizes the complaint's selection of quotes regarding the feature as "a mix of quotes drawn from obscure articles and unrelated third party publications, and smattering of out of context and incomplete references to a few pages of SCEA’s website and user manual." A second motion [PDF], also filed by Sony's attorney's last week, seeks to challenge the lawsuit's class action status, arguing that the plaintiffs did not hear about and use the system's "Other OS" function in the same ways. Speaking to IGN, a representative from the interim co-lead counsel for the plaintiffs said they were "in the process of reviewing Sony's Motions to Dismiss and to Strike," and that "these types of motions are fairly common at this stage of the litigation and we believe we have strong arguments for why they should be denied." "In the meantime, we have requested that Sony turn over its internal documents about why the 'Other OS' feature was removed and we look forward to reviewing those materials," he continued. Both motions are set to be argued in the U.S. District Court for the Norther District of California on November 4th.