A settlement deal was reached in June, so now, Sony has begun the process of allowing PlayStation 3 owners to file claims in the class-action lawsuit pertaining to the use of Linux on the console.
The ability to install Linux was one of the reasons that some users purchased the older PlayStation 3 model, so when Sony locked out OtherOS in 2010, naturally people were upset. A class action lawsuit was filed against Sony that year, and now six years later Sony has agreed to settle the case.
The settlement terms (via Polygon) dictate that Sony has agreed to pay as $55 to millions of PS3 owners. To get the full $55, users must supply proof of purchase and proof of use of OtherOS features. Console owners can also get $9 by submitting a claim with proof of purchase and attest that they intended to use the PS3’s OtherOS functionality.
These people can also get the $9 by attesting that they “lost value or desired functionality or believe they would be otherwise injured” by the removal of Linux support. However, only people who bought a “fat” PS3 between November 1, 2006 and April 1, 2010 are eligible for the settlement offer.
A final approval hearing for the settlement package is slated for January 24th, 2017, after which there could be appeals. s such, payments may be delayed to more than a year after the approval, assuming that happens, “Please be patient.” The official FAQ states.
It’s important to note that if your participate in the settlement package, one of the terms you must agree to is being blocked from suing Sony in the future over this case. You can, however, choose to exclude yourself from the settlement if you would like to retain your right to sue in the future.
This case dates back to 2010, when a man claimed Sony breached its sales contract, as well as “the covenant of good faith and fair dealing,” by removing the OtherOS feature from the system.
The person who brought the suit, Anthony Ventura, alleged that the removal of the OtherOS feature was unlawful due to four main reasons. One was that Sony marketed the OtherOS functionality and many owners purchased the system over competing products because of the functionality.
The suit also claimed the OtherOS feature was valuable, in that it “saves consumers money from have to… buy many additional electronic devices or applications.” It further alleged that Sony went back on its promise to support the functionality, and it did so by announcing the removal of OtherOS only as an update on playstation.com.
The update that removed OtherOS was not technically required, but not installing it would lock you out of PSN.
