After six years of haggling, Sony has agreed to incur the cost for its 2010 firmware update that removed support for the Linux operating system in the PlayStation 3.
On Friday, Sony and lawyers representing more than 10 million console owners reached the deal where gamers are eligible to receive $55 if they used Linux on the console. The terms of the accord have not been approved by a California federal judge yet.
According to Almontealdia, the proposed settlement which will be vetted next month by a judge also provides an additional $9 to each console owner who went out and bought a PS3 based on Sony's claims about "Other OS" functionality.
The deal also will see the lawyers who brought the suit be awarded up to $2.25 million in attorneys' fees. Specifically, gamers eligible for a cash payment are those in in the United States who bought a "Fat" PS3 model in the United States between November 1, 2006, and April 1, 2010."
I addition, they will need to be able to provide evidence of their purchase of the product and installation of Linux, and submit some proof of their use of the "Other OS" functionality.
In order to get the nine dollar payout, the gamers must submit a claim that they knew about Other OS, relied on the Other OS system, and meant to use it. The accord did not say how much it would cost the entertainment company, but it is expected to pay out millions, Arstechnica reported.
The troubles links back to PS3 software update 3.21, which was released on March 28, 2010. Sony reported that the update would "disable the 'Install Other OS' feature that was available on the PS3 systems prior to the current slimmer models." This feature, Sony announced, would be removed as a result of security concerns.
Making the matter worse, Sony said the update was not a must. However, without updating, console owners could not connect to the PlayStation Network, play any games online, and play any games or Blu-ray movies that required the new firmware, play any files kept on a media server, or download any future updates.
Sony did not detail those "concerns," but the litigation alleged piracy was behind the decision. The suit noted that Sony was concerned that hackers might use the Other OS feature to copy and/or steal gaming and other content. Before the settlement, Sony argued that its terms of service allowed it to remove the Other OS feature and that the functionality was not that big of a deal for most console owners.
Sony is agreeing to employ the PlayStation network's e-mail database to keep its customers update about the settlement. The Notice Program will provide Internet notice via banner ads and search-related advertising on CNET, GameSpot.com, IGN and other websites intended to reach the targeted audience. The deal also spells out the use of social media to alert class members about the settlement.
Another hearing on the proposed deal was scheduled for 2pm, July 19, in Oakland, California before US District Judge Yvonne Gonzalez Rogers.
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