PS3 Firmware Suits Consolidated

3 Feb, 2010 By: Chris Tribbey

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Two class action cases against Sony Computer Entertainment America, alleging firmware updates for the PlayStation 3 are bricking the Blu-ray Disc drive on some consoles, will go forward as one, according to new court filings in the cases. Both cases were first filed in October.

Since the PS3 owners in the cases allege the same things — that Sony failed to adequately test the firmware updates before releasing them and then demanded $150 from consumers to fix the broken machines — they have decided to move forward together with their arguments. Deadlines for filings in both cases were terminated Feb. 3.

Sony has claimed that the cases do not merit class action status and has said it will seek a dismissal of the consolidated complaint.

In the consolidated complaint, all of the individuals note that their PS3s were among the first generation sold by Sony, purchased in either late 2007 or early 2008, which has led some to speculate that the firmware updates, 3.0 and 3.01, were not meant for earlier versions of the gaming console. The firmware updates are alleged to have caused controllers to stop working, games to freeze and even shut down all functionality, in addition to stopping Blu-ray Discs from playing.

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

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