Bricked Consoles Spur Suit Against Sony & Square Enix

June 7, 2010 -

Square Enix and Sony Computer Entertainment of America have been hit with a class action lawsuit filed by a San Diego gamer upset over a glitch in Final Fantasy XIII that can cause PS3 consoles to freeze up and become useless.

The lawsuit, which was filed on the behalf of all similarly situated US owners of Final Fantasy XIII for the PS3, alleges that SCEA and Square have been so busy blaming each other for the bricked PS3s, that they haven't remedied the problem or repaired the bricked units (or are charging users for the repair).

The suit alleges numerous violations of California law, including the Unfair Competition Act, the Consumer's Legal Remedies Act, and that the systems breached express and implied warranties. In addition to the contractual and consumer law claims, the suit also pleads claims of negligence and unjust enrichment.

Interestingly, the 28 page complaint cites various posts on Sony's forums as evidence that Sony was aware of the brickings immediately after the Final Fantasy XIII launch.

At this time, neither Sony nor SCEA has commented on the lawsuit. A copy of the Complaint can be viewed here (PDF).


Dan Rosenthal is lawyer and analyst for the video games industry


Comments

Re: Bricked Consoles Spur Suit Against Sony & Square Enix

Well, no matter who loses in a Class Action Lawsuit, the only ones who win are the lawyers for both sides.

Anyway, where can I learn more about this problem?!? I just finished RDR last night and was getting ready to get back into my FFXIII game, then I see this article that it could brick my system? Where may I go for more info (I'm at work, so Google Fu isn't my friend at the moment. I can search when I get home).

Re: Bricked Consoles Spur Suit Against Sony & Square Enix

It's far too early for that. It is the kind of case that one could expect to settle, however, there is likely to be some wrangling between SCEA and SE as to who is primarily responsible for the damage. If one party is less or not responsible, I'd expect them to contest the issue. 

-- Dan Rosenthal

-- Dan Rosenthal

Re: Bricked Consoles Spur Suit Against Sony & Square Enix

 Thank you Mr Rosenthal.

Re: Bricked Consoles Spur Suit Against Sony & Square Enix

 Would Mr Rosenthal care to comment on the likely success of this case?

Re: Bricked Consoles Spur Suit Against Sony & Square Enix

 Final Fantasy XIII seems to be becoming a case study in 'things going wrong with the industry'...... starting with a lesson you think companies would have figured out by now... 'if you are developing a game for one console and that console falls out of favor, do not try to salvage what you have done and paste it into another console.  this never works'.

Re: Bricked Consoles Spur Suit Against Sony & Square Enix

Uhh the 360 port has nothing to do with the lawsuit in hand.

http://www.magicinkgaming.com/

Re: Bricked Consoles Spur Suit Against Sony & Square Enix

Lol, yeah, which I find hilarious.  When FFXIII first came out, PS3ers were trying to kick the "console wars" into full gear by mocking the XBoxers for the ever so slightly lower resolution of CGI movies, and for having 3 discs instead of one.

But the XBox version of the game runs perfectly, and the PS3 version can kill your system.  I just love the irony.

Re: Bricked Consoles Spur Suit Against Sony & Square Enix

"I just love the irony."

At least this one can be avoided by simply not playing FFXIII, unlike the XBox 360 RRoD, which people are still getting...

Re: Bricked Consoles Spur Suit Against Sony & Square Enix

I do not think thats the problem sony offers decent cross console(360) development support. So I think its more to do with how fickle the hardware is.

 

Besides the BR lens which seems to be hunted by DREs besides that the system has some nasty firmware quirks.


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Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

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Re: Bricked Consoles Spur Suit Against Sony & Square Enix

 Yeah, Sony has its own sins to answer for here... a game, no matter how buggy, should not be able to brick your hardware unless it had something crazy like a firmware writer embedded in it.

Though I also in a way blame game universities.  They have, in many ways, started teaching console development like a branch of PC development rather then the embedded system it is... plus they try to churn out devs as quickly as possible so they only barely touch on complex topics like writing thread-safe code or working in resource constrained enviroments.  That was something that really annoyed me about coders complaining when the PS3 first came out.. they were completely unprepared for thinking in terms of multi-processing enviroments (that did not automagicly hide the details for them) and blamed Sony.

 
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Matthew Wilsonyes it help a sub section of the poor, but hurt both the middle and upper class. in the end way more people were hurt than helped. also, it hurt most poor people as well.04/16/2014 - 12:13am
SeanBJust goes to show what I have said for years. Your ability to have sex does not qualify you for parenthood.04/15/2014 - 9:21pm
NeenekoSo "worked" vs "failed" really comes down to who you think is more important and deserving04/15/2014 - 7:04pm
NeenekoThough I am also not sure we can say NYC failed. Rent control helped the people it was intended for and is considered a failure by the people it was designed to protect them from.04/15/2014 - 7:04pm
NeenekoIf they change the rules, demand will plummet. Though yeah, rent control probably would not help much in the SF case. I doubt anything will.04/15/2014 - 1:35pm
TheSmokeyOnline gamer accused of murdering son to keep playing - http://cnews.canoe.ca/CNEWS/Crime/2014/04/15/21604921.html04/15/2014 - 11:50am
Matthew Wilsonyup, but curent city rules do not allow for that.04/15/2014 - 11:00am
ZippyDSMleeIf SF dose not start building upwards then they will price people out of the aera.04/15/2014 - 10:59am
Matthew Wilsonthe issue rent control has it reduces supply, and in SF case they already has a supply problem. rent control ofen puts rent below cost, or below profit of selling it. rent control would not fix this issue.04/15/2014 - 10:56am
NeenekoRent control is useful in moderation, NYC took it way to far and tends to be held up as an example of them not working, but in most cases they are more subtle and positive.04/15/2014 - 10:24am
PHX CorpBeating Cancer with Video Games http://mashable.com/2014/04/14/steven-gonzalez-survivor-games/04/15/2014 - 9:21am
Matthew Wilsonwhat are you saying SF should do rent control, that has never worked every time it has been tried. the issue here is a self inflicted supply problem imposed by stupid laws.04/15/2014 - 8:52am
E. Zachary KnightNeeneko, Government created price controls don't work though. They may keep prices down for the current inhabitants, but they are the primary cause of recently vacated residences having astronomical costs. Look at New York City as a prime example.04/15/2014 - 8:50am
NeenekoI think free markets are important, but believe in balance. Too much of any force and things get unstable.04/15/2014 - 7:25am
NeenekoWell, the traditional way of keeping prices down is what they are doing, controls on lease termination and tax code, but it will not be enough in this case.04/15/2014 - 7:24am
Matthew WilsonI said that already04/14/2014 - 4:22pm
E. Zachary KnightMatthew, The could also lower prices by increasing supply. Allow high rise apartment buildings to be built to fulfill demand and prices will drop.04/14/2014 - 3:48pm
Matthew Wilsonthe only way they could keep the price's down, would be to kick out google, apple, amazon, and other tech companies, but that would do a ton of economic damage to SF, but I am a major proponent of free markets04/14/2014 - 2:54pm
NeenekoThe community people are seeking gets destroyed in the process, and the new people are not able to build on themselves. Generally these situations result in local cultural death in a decade or so, and no one wins.04/14/2014 - 2:09pm
NeenekoWell yes, that is the 'free market', but the market is only a small piece of a much larger system. The market does not always do the constructive thing.04/14/2014 - 2:06pm
 

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