Bad news if you were hoping to milk Sony for a few bucks after hearing they gave at least one person a partial PS3 refund over the “Other OS” debacle. The company has denied that removing the ability to install alternative OSes to the original PS3 hardware contravenes the Sale of Goods Act, describing it as “first and foremost a games console” and insisting that “our marketing materials for the console reflect this.” If retailers – like Amazon in the initial case – want to issue a partial refund, the company reckons, that’s up to them, but they shouldn’t expect any help from the Sony purse.
“The console packaging and the in-box manual for the console do not refer to the use of Linux on the console. Rather, the console packaging states that the product’s design and specifications are subject to change without notice and that the system software within the console is subject to a limited licence between SCE and the consumer, and this licence permits SCE to update the system software and services offered from time to time” David Wilson, Head of PR, SCE
Amazon issued a 20-percent refund to a customer after he protested that the v3.21 firmware change significantly changed the functionality of his console and left it no longer fit for purpose. Sony won’t be refunding Amazon in turn, however; according to Wilson, “the decision by Amazon to give a consumer a partial refund is clearly between Amazon and the consumer, but we do not expect the decision to have a legal basis and we have no plans to compensate retailers.”