Sony sued over PS3 firmware update problems

By Brendan Sinclair, GameSpotPosted Nov 4, 2009 5:29 pm PT

Owners of bricked systems file suit on behalf of everyone who downloaded system update 3.0 or 3.01; demand unspecified damages.

The ability of console makers to update their systems' firmware has a number of benefits, as evidenced by the continually expanding capabilities of the Xbox 360, PlayStation 3, and Wii. However, the updating of firmware on all three platforms is sometimes associated with reports of systems being broken by the updates, or "bricked."

So we just install the new firmware and...

In some cases, the owners of ruined consoles do more than make angry message board posts about their misfortune. In late 2006, an Xbox 360 owner sued Microsoft over a system update rendering his console inoperable. That suit was dismissed in mid-2007 when Microsoft and the plaintiff reached an agreement out of court.

Now it's Sony's day in court, as last week a pair of PlayStation 3 owners who had their systems bricked by the September 3.0 and 3.01 firmware updates filed suit agianst the company. The two gamers--one from Texas, the other from Iowa--allege that the updates caused PS3s to malfunction, with problems including loss of controller use, malfunction of the Blu-ray drive, and bricking of consoles. When they contacted Sony's customer service representatives, the pair were told that the system failures were coincidental and unrelated to the system update. Furthermore, Sony would charge them a repair fee of $150 in order to fix the systems.

...Voila!

"Defendant's unlawful, unfair, and fraudulent business practices include, but are not limited to, misrepresentations regarding the fitness of the PS3 and software updates, failing to disclose defects in the system and software updates, and refusing to repair PS3 systems free of charge," the suit alleges. It also takes exception to Sony making it so that certain software refuses to run until the firmware update is downloaded and installed on the system.

The pair are seeking class-action status for the suit, with the stated class being every gamer who owns a PS3 and installed either one (or both) of the firmware updates in question. They are seeking unspecified damages and restitution from Sony.

As of press time, a Sony representative had not returned GameSpot's request for comment.

718 Comments

  • TC_Squared

    Posted Nov 29, 2009 4:26 pm PT

    By the way, here is the text book definition of Firmware: In electronics and computing, firmware is a term often used to denote the fixed, usually rather small, programs and data structures that internally control various electronic devices...No strict or well-defined boundaries separate firmware from software.

  • TC_Squared

    Posted Nov 29, 2009 4:21 pm PT

    Now, responding to AlnilamE's response, the new firmware update fixed the problem. You can criticize my statement all you like, but I was right. Like I said, the same thing happened with Firmware 2.00. P.S. I didn't say that Firmware doesn't effect hardware; I said it doesn't damage hardware. If software officially damaged hardware, Norton Anitvirus wouldn't exist, we would just have to replace our hardware any time our computer got infected.

  • Baldies12

    Posted Nov 24, 2009 11:02 pm PT

    Well patch 3.1 got everything working again, Yeah! Can finally play DA:O. So all you people who said "Oh no its not a firmware problem." Start choking on that pole now and eat your words. 3.1 just fixed all the crappy issues that 3.00/3.01 caused. No, hardware doesnt just stop and magically reboot itself after another "Firmware" update

  • 2point5RSman

    Posted Nov 23, 2009 7:59 am PT

    lol at the guys below me. Ive DROPPED my PS2 twice and the thing still plays DVDs. We stopped playing my friends 360 because he tilted it 1 degree with a game in it and it broke the thing.

  • snake3rules

    Posted Nov 14, 2009 10:49 am PT

    justforfun wrote: -----------
    @snake3rules You prove my point again. You imply I am stupid because I point out the flaws in your logic. You make up numbers to justify your opinion. You bought a game console; you didn't cure cancer. Get off your high horse.
    ---------------

    dude you are out of your mind... lets re-read my post and see what the heck you're talking about: ---------------

    justforfun -- you and most other xbox geniuses seem to be forgetting that this update only came out a month ago, and so your cries of "see happens on ps3 too, you liars" is stupid on your part, and not evidence of on-going or long-term problems at all.... I love people like you lamenting about xbox's "false" failure rates ... That must be why they extended the warranty by 300 percent, and publicly addressed the overwhelmingly large failure rates at the time of the announcment ... And for the record, I had my xbox 360 die four times in two years before I got a ps3 ... and in the over 1.5 years I've had my ps3, absolutely no problems ...
    ----------------

    no made up numbers, and absolutely nothing "made up to justify my opinion"... just cold hard facts-- facts that you cant seem to accept, at least based on your other comments on these talkbacks, where you dig into everyone thats says a negative word about xbox, and with totally absurd arguments that have no basis in cogency.

  • Baldies12

    Posted Nov 13, 2009 6:35 pm PT

    Well low and behold... I just got the new PS3 Slim a week ago and bought dragon age : origins. Well, DA:O just happens to need the 3.01 update, so I press ok, thinking its their new ps3 on the market, this seems to only be affecting the older models. Once the updated is downloaded.. BAM! Cant watch blu-rays nor will it read the game discs. haha go figure... So for all you people thinking its only affecting the old models, Its affecting the slims as well. The update went from 2.78 (Slim version) to 3.01. Oh well... hopefully a fix soon. I must say.. gotta hate spending $400 for a system and game to not be able to play anything on it. I dont plan on waiting a month for it to return to me either on warranty given the fact that they would probably just F it up some more considering their service is absolute garbage in all means to fixing their products... its funny they're so damn sure of themselves when you're in the market for their crap, haha. Anyways enough said... I had the launch 360 and still have until this day with no issues still.

  • Xaviersx

    Posted Nov 10, 2009 9:39 am PT

    Old consoles, they did seem to last forever, . . they really were simple devices with virtually no moving parts. Cartridges were more inclined to fail than the console, . . how many people blew into their cartridges or polished contact points in a lost cause to revive their games.

    Modern consoles or 'PC lites' suffer from a number of probs like rushed production, cheap production parts in search of a profit margin, moving/heated parts, some end users habits, etc etc. That any of them haven't 'publicly' burned down some houses still amazes me, but they are fun to play and often easier to use than a PC when you just want a game to play, not fail to install or fail to like your system . . . unless they fudge an update.

  • Mr_Bodywave

    Posted Nov 10, 2009 6:33 am PT

    @Hvac0120

    Remember though, that the link said 360 fails after the last update (Jasper) were 4%. Compared to 10% for PS3. So yes, the 360 use to break a lot more, that doesn't mean that the PS3 isn't breaking more than it should. At least MS upped the warranty, Sony is not. And the link said Jasper systems were 4%. As I said, hopefully the PS3 slim fixed Sony's problems like the Jasper did for MS.

  • Hvac0120

    Posted Nov 9, 2009 4:50 pm PT

    @Mr_Bodywave That article and survey was a small sample of 5000 people. I participated in that survey.

    It also said that 360 was 23.7% failure. That survey, while it did make a good comparison, does not represent that actual failure rates. They are all probably inflated over the actual rates for all customers of all 3 systems.

    I will give you credit for pointing to a valid resource, but I don't agree with the numbers represented in the results of that survey because the sample used to represent the population of was tainted in a way.

    A true scientific survey would likely return different results with lower rates for all 3 consoles.

    The point they make in that article is that 360 is played only slightly more than PS3, yet failures were much more likely. Wii's were not played as often as the others and their failures were pretty low.

  • FF_fan2004

    Posted Nov 9, 2009 3:47 pm PT

    Thinking back on past consoles, it makes me realise that they don't make consoles like they used to. The ones that can last for more than 10 years and still works.

  • Limboman1

    Posted Nov 9, 2009 1:43 pm PT

    I understand being upset about your playstation being "bricked" but it doesnt warrant a lawsuit. It's not like sony wants to lose your business and does personal damages to you as an individual. If it was personal harm that would be another thing, but its not like they caused severe trauma. If they do win, they deserve a replacement and minor compensation for time loss thats all.

  • DaSlyOne

    Posted Nov 9, 2009 1:28 pm PT

    Heh, my PS3 bricked on it's very first firmware update back in June 08. Luckily, it was only a week old and Sony replaced it. However, it took them a month to return it (compared to a 2 week turn around for MS with my X360). Now I cross my fingers during updates on both systems.

  • GunGriffin

    Posted Nov 9, 2009 10:58 am PT

    Regardless of weather this is true or not. I still think that Sony has to fix it if it indeed was not operator error. We all remember the lawsuits at Microsoft over the overheating issues with the launch model Xbox360s right? Microsoft won the lawsuit by correctly saying: Hay it's in the manual that you should pout it in and I quote: "A well ventalted area away from both vents in your room, and allow for at least 2 inches or more space around the console."

    Sony has a similar claim to make here: I quote this from the PS3 Manual baring a few words might be wrong: "Sony is not responsible for any failings during a PS3 software update, if you installed Linix, or another OS and then try to update your PS3 via our software we cannot be held responsible for the problem. This also apply s to failings of PS3 systems due to user neglect, lack of proper ventilation, and or the use of third party hardware solutions." (That last part is for upgraded HDDs, and USB HDD solutions)

  • MetallicFPSNut

    Posted Nov 9, 2009 10:00 am PT

    Thankfully for me, my console managed to survive my roommate installing 3.0 , and I made sure neither he nor I installed 3.01 after I found out about the bigger problems that update was causing.

    I paid 400 bucks for my unit (40 GB) and I'm not going to lose it to faulty code (even if it means not getting to play Uncharted 2 from the moment I get it).

  • Zoomer30

    Posted Nov 9, 2009 9:06 am PT

    Sony has really no issues with this. M$ on the other hand? They are PROs at bricking consoles with dashboard updates. (crosses fingers that his 60GB PS3 never gets bricked)

    Is it possible to BACK UP your PS3 and use the backup to restore if there is ever an issue like this?

  • daveg1

    Posted Nov 9, 2009 7:30 am PT

    i hope they win the case like i hope anyone would win a case for something like this. released by the any company that damages their own hardware..they should fix it for free surely there cant be many systems bricked so i think fixing those sytems for free is a drop in the pond for sony/ms/nintendo..

  • gamemaster8995

    Posted Nov 9, 2009 6:49 am PT

    Right before the update isn't there a user agreement?...Plus the bricked systems only happen to people who don't take care of there ps3's and treat them like a toy.

  • thingta42

    Posted Nov 9, 2009 6:10 am PT

    Would it really matter if Sony just gave them a Free PS3 in return for what they did to the owners PS3s? Really Im sure out of all the Consoles Sony could afford to give two out for Free to make up for this.

  • Xaviersx

    Posted Nov 9, 2009 4:42 am PT

    Now it's Sony's day in court.... So, if Sony did do the damage, Sony should reasonably fix those systems and fix the update system in place. If the charges are false claims and/or unreasonable, violation of the purchase, Sony would/should bare no burden in the incidents. But, it may fall on who buys the better lawyer.

  • AlphaCommando

    Posted Nov 9, 2009 4:20 am PT

    They probably did something stupid to brick their systems. Their fault. Actually, that's not fair. Maybe 2 out of like 100,000? systems genuinely failed due to the update?

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