5 ms·

The problem of features being changed or removed by a software update is real and the owner can be harmed, as you were. As the owner, however, if you are harmed

The problem of features being changed or removed by a software update is real and the owner can be harmed, as you were. As the owner, however, if you are harmed in that way then you may have a claim against the manufacturer. For example, in a recent class action case by PlayStation 3 owners against Sony over the removal of the Linux OS feature, the court seemed to agree that owners were entitled to damages because Sony ended up paying millions of dollars to class members in a settlement. If you or the PlayStation 3 owners were not owners, then you wouldn’t have a good claim.

ClumsyPilot 6y ago
By the sounds of it playstation 'owners' were paid compensation, but could not get the Linux feature back, in other words they were not made whole. They don't control what is happening to their properly, and without Sony's agreement they cannot repair damage done by sony to it. That does not sound like ownership to me - again, think back to car ownership. Firstly tampering with your car would have been criminal damage. Secondly, BMW does not get a say in how you use your car. They can't stop you going over the speed limit. You could get your car fixed without having to involve BMW or going to court to force their hand. In my view this Sony case looks like compensation for breach of a lease-like contract.
- bdowling 6y ago
  > By the sounds of it playstation 'owners' were paid compensation, but could not get the Linux feature back, in other words they were not made whole. Members of the class could opt out of the settlement and sue Sony individually. A court could theoretically enjoin Sony to restore the feature for those individual plaintiffs, but the plaintiffs would have to show that monetary damages would be insufficient. Generally courts don’t like to force defendants to do things when paying money would be an acceptable outcome. > In my view this Sony case looks like compensation for breach of a lease-like contract. I haven’t read the complaint in that case but the plaintiffs probably alleged a breach of the implied covenant of good faith and fair dealing. So, yes, possibly a breach of contract claim but not a lease. (Note: A lease is a specific form of contract in which a lessor transfers possession of property to a lessee, but retains a future interest in the property after the contract term ends.)

ClumsyPilot 6y ago

By the sounds of it playstation 'owners' were paid compensation, but could not get the Linux feature back, in other words they were not made whole. They don't control what is happening to their properly, and without Sony's agreement they cannot repair damage done by sony to it. That does not sound like ownership to me - again, think back to car ownership. Firstly tampering with your car would have been criminal damage. Secondly, BMW does not get a say in how you use your car. They can't stop you going over the speed limit. You could get your car fixed without having to involve BMW or going to court to force their hand. In my view this Sony case looks like compensation for breach of a lease-like contract.

bdowling 6y ago
> By the sounds of it playstation 'owners' were paid compensation, but could not get the Linux feature back, in other words they were not made whole. Members of the class could opt out of the settlement and sue Sony individually. A court could theoretically enjoin Sony to restore the feature for those individual plaintiffs, but the plaintiffs would have to show that monetary damages would be insufficient. Generally courts don’t like to force defendants to do things when paying money would be an acceptable outcome. > In my view this Sony case looks like compensation for breach of a lease-like contract. I haven’t read the complaint in that case but the plaintiffs probably alleged a breach of the implied covenant of good faith and fair dealing. So, yes, possibly a breach of contract claim but not a lease. (Note: A lease is a specific form of contract in which a lessor transfers possession of property to a lessee, but retains a future interest in the property after the contract term ends.)