PS3 v3.21 “update”, Sony how could you?

QUICK NOTE: Everyone who disagrees with SONY’s actions, please:

1. Do NOT update your PS3!
2. File a complaint at BBB:  www.bbb.org
3. File a complaint at the FTC:  https://www.ftccomplaintassistant.gov/

I’ve been quite happy with my PS3, but today was notified that I had to update my system in order to play online.  Then the ugly detail reared it’s head.. Sony is removing the option of installing another OS (linux) and as a sneaky twist they are releasing the update conveniently on April Fools day so it’s possible some would assume that such an outrageously lame update is actually a joke..  but sadly it’s not.

The sony blog/forums are full of rightfully-angry customers posting regarding this issue, but Sony is deleting countless posts..  My first post was very reasonable, but they removed it..  Yes, it doesn’t look like many people are discontent when you DELETE their feedback!

My comment was posted here but they’ll probably remove it:

http://blog.us.playstation.com/2010/03/28/ps3-firmware-v3-21-update/comment-page-117/

Since it appears they deleted my old comment which had nothing at all offensive or wrong in it, and being a PS3 OWNER on the Sony forums now feels like trying to be a human rights lawyer in China..

I just want to tell Sony that:

1. I’ve lost respect for you and now hold you with similarly low-esteem as I hold Microshaft.
2. I refuse to update to 3.21
3. I will go back to using the PC for multiplayer gaming.
4. If a game requires 3.21, I will NOT buy it!
5. As of this v3.21 update, I will now have to keep an eye on the whole PS3 hacking scene, as THAT is the ONLY WAY that I might be able to continue to use YOUR “product” with the “ADVERTISED FEATURES” that CONVINCED ME to PURCHASE it in the first place.  Until now, I had no motivation to… Good job Sony!

Another message I sent to their customer service ( http://us.playstation.com/support/ask/ ) is:

I purchased my PS3 because it offered multiplayer gaming AS WELL AS the “Other OS” feature. The v3.21 update forces me to remove the “Other OS” feature OR remove the multiplayer gaming feature! This is the equivalent of selling a COLOR TV for $600 and removing the COLOR a year later!

I used to respect you, but now you have robbed me of the product that I purchased from you! Will you offer re-embursement or replacement with a device that offers the features that I payed for? If you do not, that is stealing.

I hope we, the customers, can win against the giant double-crossing chicken beast that is Sony.

Here’s a screenshot of one page of comments taken 11:00PM, April 2 2010:

UPDATE:

I received a response from Sony:

Response (Nicole M.)

04/03/2010 12:00 PM

Hello Sangpo,We apologize for any inconvenience you are experiencing with our latest update 3.21 for the PlayStation(R)3 computer entertainment system. We are not offering a refund for this feature change on the PS3™ system. We understand your frustration with this feature change but the change was made to protect the intellectual property of the content offered on the PS3 system as well as to provide a more secure system for those users who are enjoying games and other entertainment content on the PS3 system, we have decided to delete the feature to address security vulnerabilities of the system.Regards, Nicole M.

UPDATE:

I found an interesting thread by Jaecyn42:  FW 3.21 and Consumer Right’s Law: No Conjecture, Just Facts .  This inspired inspired me to submit a complaint to the FTC Bureau of Consumer Protection https://www.ftccomplaintassistant.gov/

PS3 owners who are upset by this update would probably be better off submitting a complaint to Sony on the FTC website than waste too much time having their comments moderated/erased on the official Sony blog/forums.

My complaint is as follows:

Sony advertised the product ( Playstation 3 ) as having an “Install Other OS” feature, and because of this feature I decided to purchase their product.  Now, they have released an “update” that REMOVES this advertised feature.  I am given the option to either give up the advertised “Other OS” feature, or keep it and be unable to use the other advertised feature “Multiplayer gaming” of the product.

Sony is robbing their customers of the product that they purchased!

It is as if I was sold a color TV only to have the color removed a couple years later.

We, the consumer, should be protected from this type of action, as outlined on the FTC website:

Sec. 238.4 Switch after sale.
No practice should be pursued by an advertiser, in the event of sale of the advertised product, of “unselling” with the intent and purpose of selling other merchandise in its stead. Among acts or practices which will be considered in determining if the initial sale was in good faith, and not a stratagem to sell other merchandise, are:

(a) Accepting a deposit for the advertised product, then switching the purchaser to a higher-priced product,

(b) Failure to make delivery of the advertised product within a reasonable time or to make a refund,

(c) Disparagement by acts or words of the advertised product, or the disparagement of the guarantee, credit terms, availability of service, repairs, or in any other respect, in connection with it,

(d) The delivery of the advertised product which is defective, unusable or impractical for the purpose represented or implied in the advertisement. [Guide 4]

http://www.ftc.gov/bcp/guides/baitads-gd.htm

We can’t have companies taking back what they’ve sold you without them providing some sort of reimbursement…  We no longer have the product that we originally purchased and as such they should allow us to return it..or even better.. they should NOT remove the features that we purchased.

Thank you, I hope, for the sake of SONY customers this issue can be remedied.

I posted to the Better Business Bureau www.bbb.org :

COMPLAINT:

I purchased a Playstation 3 (fat) system from Sony because it was advertised as having the ability to play games (online), blueray playback AND the feature to “Install Other OS” – meaning that I could install Linux onto it and use it as a computer.  THE SUM OF THESE FEATURES IS WHY I PURCHASED THIS PRODUCT.

Now SONY, as of the v 3.21 firmware update is REMOVING a feature and forcing us to decide which one:  We must either install the update, which disables the Other OS feature (they are effectively stealing my computer) OR we can opt to not install the update, in which case we CANNOT play games online, cannot connect to the PSN network, and will likely be unable to play future games (they are stealing my gaming system)..  My product is the sum of all features that convinced me to purchase it, and now they are removing the features so that it is NO LONGER the product that I purchased!

”
Sec. 238.4 Switch after sale.
No practice should be pursued by an advertiser, in the event of sale of the advertised product, of “unselling” with the intent and purpose of selling other merchandise in its stead. Among acts or practices which will be considered in determining if the initial sale was in good faith, and not a stratagem to sell other merchandise, are:

(a) Accepting a deposit for the advertised product, then switching the purchaser to a higher-priced product,

(b) Failure to make delivery of the advertised product within a reasonable time or to make a refund,

(c) Disparagement by acts or words of the advertised product, or the disparagement of the guarantee, credit terms, availability of service, repairs, or in any other respect, in connection with it,

(d) The delivery of the advertised product which is defective, unusable or impractical for the purpose represented or implied in the advertisement. [Guide 4]

http://www.ftc.gov/bcp/guides/baitads-gd.htm
”

SONY is wronging myself and MANY many other loyal customers and they should not be allowed to get away with it!

– S. Dorje

THE SETTLEMENT SOUGHT:

I want SONY to NOT STEAL functionality from the entertainment system in MY very own living room!  STEAL the features that made me decide to BUY their product int he first place!

As of the v 3.21 “update” this is nolonger the product that myself and many others purchased from the company, and as such, I believe we should either be compensated or better still, they should undo v3.21 and let us keep the product (the sum of all features) that we purchased!