Let’s face it – when you bought your phat PS3, it could install other OS. Whether you use it or not, it’s part of the whole that you paid for, and Sony took it away with the 3.21 firmware update. If it’s some reprieve, however, there’s a way to get some money back for it without returning your console.
NeoGAF forum mod iapetus shared this story on their forums, saying that he was able to get a partial refund from Amazon for his 60GB PlayStation 3 – without him having to return his console. The unit was already well beyond the warranty period and way past Amazon’s 30-day guarantee.
What he did was invoke Directive 1999/44/EC, a European law that stipulates the goods must:
“comply with the description given by the seller and posses the same qualities and characteristics as other similar goods.”
“be fit for the purpose which the consumer requires them and which was made known to the seller at the time of purchase.”
It should be noted, however, that in Europe, responsibility lies with the retailer, not the manufacturer.
With that, he was entitled to a 20% refund from the value of the product at the time of purchase. Amazon responds with;
We are writing to confirm that we have processed your refund in the amount of £84.00 for your Order 666-5327564-4432412.
Item Refund: £71.49
Item Tax Refund: £12.51
This refund is for the following item(s):
Item: Sony PlayStation 3 Console (60GB Premium Version)
Reason for refund: Account adjustment
Still, this conflicts with Sony’s PS3 user agreement that you automatically agree to upon purchase. According to this agreement, Sony may change the software side of the device since it’s not an alteration of the hardware. It reads:
Without limitation, services may include the provision of the latest update or download of new release that may include security patches, new technology or revised settings and features which may prevent access to unauthorized or pirated content, or use of unauthorized hardware or software in connection with the PS3 system
In the US, consumer protection law may not be able to provide the same end result in Europe, but there’s a possibility that a class-action lawsuit can be made for these grounds.
[via PlayStation University]