Cast your mind back to October 5th 2009 and you may recall a story in the Snatch of the day. Florida resident John Kennedy began a ‘class action suit’ against Sony, alleging that the Firmware 3.0 update had bricked his machine. Sony has now responded to the suit and they have come out fighting;
“Based on nothing more than the notion that his PS3 was ‘degraded’ by Firmware 3.0, Kennedy [asserts] seven district claims for relief in a consummate example of shotgun pleading,” the court filing reads. “Kennedy offers a laundry list of claims that necessarily depend on facts notably missing from the complaint.”
It turns out that John Kennedy’s Playstation continues to function and it did not ‘brick’ when the update was installed, instead he is claiming the firmware update ‘degraded’ rather enhanced the PS3. Maybe he did not like the big grey boxes.
“In this case, Kennedy does not allege that his PS3 failed completely — i.e., that it is unable to perform its basic function as a gaming and movie console,” the filing reads. “Instead, he only alleges that it was ‘degraded’ and he ‘lost value’ in it, thereby implicitly admitting that his console is still operative and merchantable.”
Sony also say Kennedy cannot prove that SCEA intended to damage any PS3s, and if even if he could, “the resulting damage must be intentional.”
SCEA lawyers effectively dismiss almost every single claim from Kennedy which just proves he really should of subpoenaed Winona Ryder if he wanted to win his case. However there is one claim by Kennedy that Sony neither denies nor confirms – was firmware 3.0 faulty?