Firmware Update Borks PS3, Man Sues SCEA

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The 360, like it or not, is going to stand for a long time as an example of negligent manufacturing. It has, in a sense, become the Ford Pinto of video game manufacturing.

Now MS response to the situation is going to go down as a great way to handle such a situation. What I am worried about is that the seemingly endless flocking of people to a broken system is going to say to the manufactures "You can throw quality control out the window because any money you make on repairs is going to be made back by the fanboys simply refusing to give up their favorite brand even though it released a busted system."

This guy is going to "win" in the sense that Sony is going to settle and give him a new system or settle for a reality small sum because the discovery costs for Sony are simply going to be too high to justify fighting this in court even if they win.

30 people saying it is not going to do anything. He would need HUNDREDS of people at a minimum. As long as its within the normally accepted failure rate for a product of this type (which Sony will trot out tons of experts to say) then its well within the assumption of the risk.

He has to prove at a minimum negligence here. He has to show that Sony, in fact, screwed up. The Court is going to take notice of the normal operations of this kind of business and see how often these things just normally happen. There is always failure in the electronics industry. The Court does recognize that, in so many words, "shit happens."

The update was over a month ago, so it's not a matter of Sony taking their time. And Sony was generous enough to offer to fix it, for a fee.

When GM did something similar (they had a recall on power steering on several models in the late 90's - the replacement power steering was also defective, but anybody who took advantage of the second recall was then billed for the parts and labor on the first), they were sued for fraud and extortion. A lawsuit they were very quick to settle, I almost got the bluebook value of my car paid out.

Here we go with the fanboyism...

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Papa Midnight
http://www.thesupersoldiers.com

PS3's failure rate falls well within the normal excepted failure rate of any piece of equipment.

The 360's failure rate borders on bringing it under the jurisdiction of state lemon laws regarding culpable negligence on the part of the manufacturer.

Here's something to think about, how much of the 360's sales have been driven by the need of people to purchase MULTIPLE consoles?

How many people do you know who are on their second, third, fourth, fifth 360? I know at least 15 people who have had to replace their 360 AT LEAST twice.

Meanwhile not a single person I know has had to replace a PS3 except by choice (going from fat to slim or in my case getting a used 60GB for the BC).

This guy is going to lost because the law allows for normal, non-negligent, hardware failure. You aren't entitled to free repairs unless you contracted for them in your warranty. The PS3 doesn't have a failure rate anywhere near the 360's or any other "negligent" standard.

To compare the RROD to the YLOD or to really any other console failure is ludicrous. The 360 is so bad that when you buy one you buy it with the EXPECTATION that it will break. The fact that people are actually still buying a console that is BROKEN right out of the gate is a really sad commentary on the idiocy and the ignorance of fanboyism.

I am, if only because your statement is rather amusing. Seems like all three consoles arn't fairing very well. Makes one wonder if the companies behind them will actually learn something from all this crap.

Me, I use a PC and neither the 360 or PS3 is worth owning unless you like expensive paperweights.

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I LIKE the fence. I get 2 groups to laugh at then.