Purchasers of the original “Fat” PlayStation 3 console can now apply to receive part of a settlement of a class-action lawsuit . The proposed settlement notice was released earlier this week.
The case, referred to as In re Sony PS3 “Other OS” Litigation , says that Sony participated in false advertising and a breach of warranty after Sony determined that the “Other OS” option users had access to during the console’s launch had to be shelved due to security concerns. The “Other OS” option allowed users to install Linux on the console but when that option was eliminated, users of the “Fat” PS3 sued the company in 2010.
Anybody who purchased the “Fat” PS3 console between Nov. 1, 2006 and April 1, 2010 are eligible to receive part of the settlement. According to a court documents obtained by ArsTechinica , “claimants must attest under oath to their purchase of the product and installation of Linux, provide proof of their purchase or serial number and PlayStation Network Sign-in ID, and submit some proof of their use of the Other OS functionality” in order to receive the Consumer Class A settlement of $55. “Consumers who, at the time of purchase, knew about the Other OS, relied upon the Other OS functionality, and intended to use the Other OS functionality” can receive the Consumer Class B settlement of $9.
After six years of going through the court system, Sony Computer Entertainment America agreed to a settlement in June. The amount that SCEA will have to pay is unknown and will be based on how many of the clams will be approved. In the past Sony has reached settlements in other cases most notably after the data breach of 2011. In that case, Sony paid $15 million in 2014 and users received free games as a make-good for the breach
Sony sold 13.5 million PS3 consoles by November 2010 according to the NPD Group via Gamasutra . The problem with that number is that Sony released the newer “Slim” PS3 consoles in 2009 so there’s no accurate number of how many “Fat” PS3’s were sold during the lawsuit settlement timeframe.
The deadline to file a claim is Dec. 7 with a final hearing to approve the settlement is set for Jan. 24, 2017. If no appeals are filed, settlement payments can start 40 days after the settlement hearing.
