Court Asked to Deny Dismissal Request in PS3 Firmware Case

4 Mar, 2010 By: Chris Tribbey

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Lawyers representing consumers suing Sony Computer Entertainment America (SCEA) over firmware updates allegedly damaging PlayStation 3 consoles have asked a judge to Deny Sony’s request to dismiss the case.

First filed in October 2009, the class action suit alleges firmware updates released by SCEA for the PlayStation 3 damaged the Blu-ray Disc drive in older models of the console, and caused other problems as well. Sony has been charging $150 to fix consoles allegedly damaged by the firmware and sought a dismissal of the case in February, on the grounds that affected console owners could only claim damages when their consoles were purchased, not when the firmware updates were released, and that the consoles did not completely fail following the firmware updates.

SCEA has neither confirmed nor denied that firmware updates 3.0 and 3.01 damaged PS3 consoles.

“Defendant would have this court believe that plaintiff’s complaint consists of little more than ‘Sony violated the law,’” the March 1 filing reads. “This is simply not the case. Plaintiffs’ complaint exceeds federal pleading standards by alleging specific facts.”

Those purported facts include the dates the PS3 systems stopped working, as well as “Sony’s failure to adequately test its damaging firmware updates, Sony’s decision to improperly continue to promote and require firmware updates even though it was well aware of the damage it caused, and Sony’s improper practice of charging class members at least $150 to repair their damaged PS3 systems.”

The suit alleges unjust enrichment, breach of implied warranty, negligence and violation of unfair competition law.

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