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News Amazon gives PS3 refunds for Linux removal

Discussion in 'Article Discussion' started by CardJoe, 9 Apr 2010.

  1. sotu1

    sotu1 Ex-Modder

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    Thanks for the info guys...So I should be able to get a partial refund from purchasing mine instore at Gamestation right?
     
  2. Shagbag

    Shagbag All glory to the Hypnotoad!

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    Yes, you should. That's not to say you will. As I pointed out earlier, Amazon made a commercial decision to offer compensation and the matter was settled out of court with the consumer accepting Amazon's offer.

    Despite this you already have very persuasive arguments to put to gamestation and it is in everyone's interests to avoid going to court (I've been through the English civil procedure system a few times to know that it can be time consuming). As long as you keep calm and present your arguments logically then you should illicit an offer of compensation from gamestation.
     
  3. Tulatin

    Tulatin The Froggy Poster

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    Damn, Amazon has incredible customer service.

    This is to be said after I got a busted pair of headphones that were refunded SO heavily, that they eventually paid me $3 to buy $99 headphones.
     
  4. droitwichdosser

    droitwichdosser New Member

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  5. talladega

    talladega I'm Squidward

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    yeah this is very ethical isnt it? probably 95%+ of ps3 owners have never and will never use the feature, yet they can be cheap asses and get a new ps3 for free? thats retarded. i dont care whether it is right for Sony to have removed the feature (i think its pretty useless and ive never used it), but for people to demand their money back on something for a feature they were never going to use is just plain stupid.
     
  6. whisperwolf

    whisperwolf New Member

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    ethical? no, it's a commercial choice, its something that big business's do all the time, so if the consumer can get in on the act go for it.
    I do have 1 query though, I know that for the PS2, Sony tried to get it classified as a computer by releasing a linux add on, to take advantage of cheaper tax rates, but they didn't get it to work as a tax dodge. Did Sony get the PS3 classified as a computer instead of a console to do the same thing? if so wouldn't the tax man now be looking for a slice of cash back as well as consumers? and I've yet to meet a ethical tax man.
     
  7. DarkBanana

    DarkBanana New Member

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    Hummmm... I think a lot depends on which firmwares comes shipped when you buy your PS3. If it comes with the old firmware, I don't think there is any legal reason for retailers to give you a refund.

    If it has the old firmware, the PS3 functions as advertised. It has the other OS feature and it can play games that were released prior to the firmware update. Updating the firmware requires user intervention (even if it's recommended by the manufacturers). The loss of function is the 'fault of the user'.

    As for not being able to play the latest games, can a manufacturer be held responsible for all FUTURE games? Wouldn't that be like buying a gaming PC today from say, Scan which has been advertised as being able to play all the latest games, and expecting it to be able to play the latest games 2 years from now? It probably would be able to but if it couldn't, I don't think many people would be able to sue Scan. Even the prospect of future games is not their responsibility. If Sony released the PS4 tomorrow and everyone stopped developing games for the PS3 (hypothetically), has the PS3 'lost function'?

    Basically, I think Amazon made a commercial decision to maintain the goodwill of customers and if there was a mass request for refunds, I expect they will react differently. Of course, it's a different story if the PS3 ships with the new firmware and is still advertising the OtherOS feature.
     
  8. aron311

    aron311 New Member

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    I'd be mad too if I spent £420 on a PS3.
     
  9. Shagbag

    Shagbag All glory to the Hypnotoad!

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    So if I work for the company that made your Dad's car and I come around and take the spare tyre Without offering compensation, then that makes your Dad an idiot if he complains.
     
    Last edited: 10 Apr 2010
  10. Bhuvsta

    Bhuvsta Member

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    When did corporations ever give a damn about ethics? Most of them screw the consumer to make a quick buck. I'm always happy to "give it back to the man". If only I owned a PS3!
     
  11. ThunderBob

    ThunderBob New Member

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    I love it when people comment that the contract was with Amazon etc and that they should be held accountable.
    Did Amazon change t he firmware...NO. Does Amazon have control of firmware update.....NO

    TBH Sony should be offering compensation, But they never will. Maybe if they get enough bad press they might do something.

    Good oppurtunity for Xbox360 and Wii to push something :)
     
  12. impar

    impar Well-Known Member

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    Greetings!
    Did the consumer bought the PS3 from Amazon? Yes.
     
  13. theflatworm

    theflatworm Gordon Freeman's Crowbar

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    Ok, this is silly. To continue the car analogy: say you bought a Toyota second hand from your mate Dave, then a man from Toyota came around and stole your spare tyre, would you expect your mate Dave to cough up for it? If not, explain why this situation is different...
     
  14. impar

    impar Well-Known Member

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    Greetings!
    Car analogies...

    You buy a Toyota from your local dealer, the car comes equipped with some Toyta exclusive GPS system, Toyota then removes the GPS ability, you go and complain to the dealer that sold you the car, not Toyota.
    There is no contract between you and Toyota, only between you and the dealer.
    If the dealer wants, he can take the matter to Toyota.
     
  15. Shagbag

    Shagbag All glory to the Hypnotoad!

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    Your Amazon point has already been addressed by others but if you're still unsure Google 'the doctrine of 'privity of contract under the laws of England and Wales'.

    You are absolutely right that Sony should have offered compensation. That is really the whole issue here.
     
  16. Shagbag

    Shagbag All glory to the Hypnotoad!

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    It is not silly. It is the law. Your only redress is to the person you bought it from. Privity of contract.
     
  17. talladega

    talladega I'm Squidward

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    Im not questioning the ethics of Amazon or Sony. Sony does not have to refund anyones money. Amazon is doing it because they choose to. But I think people should not be getting money back from Amazon if they never used 'OtherOS' and never intended to (95%+ of PS3 owners).

    And with this, are they able to keep their PS3's and still get money back or do they have to return them. And what time frame did they have to have purchased the PS3?
     
  18. theflatworm

    theflatworm Gordon Freeman's Crowbar

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    Whether or not the contract is with the retailer under law, ethically it's Sony's responsibility.
     
  19. biebiep

    biebiep New Member

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    Has this been said?

    <3 Europe.
     
  20. swin70

    swin70 New Member

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    Interestingly, I have just seen on Youtube that George has now hacked firmware 3.21 so that you can restore the "Other OS" feature and continue to run Linux. He said that the fix was simple and achieved by installing a PUK file, but only showed the system working, not how to do it.

    However, this doesn't take away from the fact that what Sony have done puts the consumer of the PS3 in a fairly good position to return the unit if they wished to the place where they bought it and expect a refund of descriptions.

    Shagbag - your posts over this and the other thread "PS3 update removes Linux support" have been very well crafted and highly informative. I only have a limited understanding of UK law, but I understand exactly what you are saying. Without pushing the boat out too far, or getting you to stick your neck on the line, what would you say that a good course of action be should a PS3 owner feel that the recent firmware upgrade have remove functionality which was a reason for there original purchase?

    Swin
     
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