Who is a Class Member
You are member of the Sony Fat PS3 Other OS class action settlement if you “purchased a Fat PS3 in the United States between November 1, 2006 and April 1, 2010, from an authorized retailer for family, personal, and/or household use and you (1) used the Other OS functionality; or (2) knew about the Other OS functionality; or (3) contend or believe that you lost value or desired functionality or were otherwise injured as a consequence of Firmware Update 3.21 and/or the disablement of Other OS functionality in the Fat PS3.”
If you don’t qualify for this settlement, check out our database of other class action settlements you may be eligible for.
- Up to $65
Claims will be paid on a pro rata basis after all settlement administration expenses, attorneys’ fees, court costs and plaintiff service awards are paid. The exact amount that each Class member will receive will depend on the number of valid claims submitted.
Proof of Purchase
- Class members will need to provide one of the following:
- Your PS3 console serial number
- PlayStation Network Sign-In ID associated with your PS3
- PlayStation Network Online ID associated with your PS3
Sony Fat PS3 Other OS Settlement Notes
- In re: Sony PS3 “Other OS” Litigation
- Case No. 4:10-cv-01811
- Pending in the U.S. District Court for the Northern District of California
In April 2010, Plaintiff Anthony Ventura filed this class action complaint challenging Sony Computer Entertainment America LLC (Sony)’s issuance of a firmware update to disable the “Other OS” functionality from its PlayStation 3 “Fat” model computer entertainment console (Fat PS3). The Other OS function enabled users to run Linux and other platforms as alternative operating systems on the Sony Fat PS3.
Ventura’s lawsuit was consolidated with 6 other similar class action lawsuits all alleging Sony’s actions constitute “unfair and unlawful business practice and false advertising”. Specifically, the plaintiffs say that Sony falsely advertised the fact the Fat PS3 could be updated through firmware updates that Sony would directly provide to users as part of their purchase of the Sony Fat PS3, ensuring users would be able to constantly upgrade their systems.
“Users did not just purchase a simple gaming console from a retailer; they were told they were purchasing a constantly evolving gaming console and computer that was promoted as having a lifespan of at least a decade as a result of the ability to upgrade it through [Sony’s] direct updates”, the lawsuit states.
These representations, the plaintiffs contend, were a substantial factor in their decisions to purchase the PS3. However, the lawsuit states, the plaintiffs were not aware that Sony retained the right to disable these features, such as the Other OS and that such a disclosure would have been paramount in their decision to purchase the Sony Fat PS3.
Sony expressly denies any wrongdoing and does not admit or concede any liability alleged in this action but has agreed to settle the case to avoid further litigation.
Under the terms of the settlement, Sony will pay $3.75 million. The settlement fund will be used to pay costs of settlement administration, attorney’s fees, and service awards to the named plaintiffs. Class members claims will be dispersed on a pro rata (an equal share) basis once the aforementioned expenses are paid. It is estimated that claimants will receive a cash payment of up to $65.
Class members who wish to exclude themselves or object to the terms of the settlement must do so by April 15, 2018. Class members who wish to file a claim must do so by April 15, 2018.
- 4/15/18: Claim Form Deadline
- 4/15/18: Objection or Exclusion Deadline
- 5/28/18: Final Approval Hearing at 2:00 pm PT (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
- Mail: In re Sony PS3 “Other OS” Litigation, c/o Garden City Group LLC, PO Box 10312, Dublin, OH 43017-5912
- Phone: 1-855-720-1264
- Email: info@OtherOSsettlement.com
- James Pizzirusso of Hausfeld LLP
- Gordon M. Fauth of Finkelstein Thompson LLP
- Kathleen V. Fisher of Calvo Fisher & Jacob LLP