Memorandum
Re: Sony PS3 “ Other OS” Litigation - Chapter 22
Statement of Facts
In 2006 Sony Computer Entertainment America LLC made their gaming system PlayStation 3 (PS3) available for purchase claiming that it would be the most advanced gaming system on the market that would last generations. It boasted its futuristic performance capabilities through its ability of accessing an online gaming network called PlayStation Network (PSN) as well as an “Other OS” feature. It made a claim to consumers that this system would last for ten years, but within the product licence and terms of service it mentioned that operating updates may cause loss of functionality on some of the features. In 2010 Sony released a software updated on the PS3 that
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Plaintiff’’s Argument
The PS3 owners argument is that the statement by Sony of owning the device for ten years encompassed all the features of the system meaning that access to the PSN and the Other OS was part of the deal between consumers and Sony when they made that assertion. They exemplified this point by presenting the example of a Hybrid Car manufacturer disabling the battery system after a few years rendering the Hybrid Car to operate on fuel alone, undermining the fundamental nature of the product, which they claimed is what Sony did when they issued the update. Thus breaching the expressed warranty on the device.
Defendant's Argument
Sony’s claim on the ten year lifespan only covered the physical device and not the features included. They stated in their counter argument that the promise they made did not act as an expressed warranty since their terms of services and license agreement expressly stated that updates may cause some loss of functionality.
Summary of the
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In order to better understand this claim it is imperative to understand the attributes of an expressed warranty. An expressed warranty is created when a seller either with his words or actions clearly indicates to the buyer that the goods they are selling will meet certain standards. The UCC further defines this with three attributes, the affirmation of fact or promise, the description of the goods, and lastly with a sample or model. The UCC not only uses those criterias but also established that these features were the basis of the bargain between the consumer and
Many people agree that Sony’s Playstation 4 is better than Microsoft’s Xbox One and vice versa. I have been gaming since I was seven years old and still am today. The first gaming console I ever had was the original Xbox. Throughout the years though, technology has improved vastly. The last generation of game consoles gave the industry a much needed boost and gave the consumer another commodity. With the eighth generation of consoles just arriving, a lot of people are wondering which console to buy. There is, however, more than just the choice of games. There’s differences in processors, graphics cards, hard drives, design, operating systems, ports, versatility, stability, controllers, and, of course, the games.
In this Paper I will be talking to you about the Next Generation Consoles and about all of their specifics. Next Generation Consoles are the newest and the best consoles and computers out there at this point in time. The consoles that will be my main focus in this paper are the, Xbox One and the PS4. The reason I picked these consoles instead of other consoles or computers is because I wanted to explain to you that these console were just not any other console, but a work of art instead.
...lah S.). The PlayStation 4 released November 15 of 2013 and had preorders larger than launch sales of Sony’s PlayStation 3 at one million orders. The people have waited almost 7 years for a brand new gaming console. That 7 year wait has tremendously increased the demand for the new console.
The Sony Playstation 3 (PS3) is the most recent game consoles by Sony Inc. to come out. Becoming the trilogy of the Playstation series, the PS3 packs many of the same or similar characteristics as the Playstation 2 (PS2). But it also has its own characteristics which places it on another level. Being a highly priced console (ranging from $400-$600), there is a lot offered from the PS3 console. It includes high-definition graphics (HDTV compatible), a Blu-ray disc hard drive, wireless controllers, Gigabit Ethernet, and a built-in Bluetooth. There is also plenty of memory space available on the console. Sony has generated four versions of the PS3; there is a 20GB, 40GB, 60GB, and 80GB PS3 game system. The PS3 has many wonderful features available, much worth the cost of an upgrade from the PS2. So get ready for an experience of a life time; like nothing you’ve experienced with the PS2; as there is plenty to explore while playing the PS3 game console.
Sony Music should have been better engaged to allow this division’s management to properly voice their concerns over the piracy of their content. If there had been a taskforce, as mentioned above, developers for the two music devices could have worked with Sony Music to adjust their products to meet the piracy concerns. Maybe then either team could have produced a product that not only did not have sizeable technical drawbacks, but was innovative enough to capture the attention of the marketplace.
...d with the features and the graphics of PlayStation 3, and will enjoy using it. Whereas the users who already use PlayStation devices will shift themselves to an updated console.
With further technological advancements which paved the way for high-speed internet connections, high-definition video rendering capabilities, it was not long before these organizations conceptualized their video game consoles as ground-breaking home entertainment systems. The incorporation of a Blu-ray player in the Sony’s PS3 console, the ...
Two new managers have been appointed at Sony in the last 15 years due to a number of developing problems, including the innovation ‘cogs’ within Sony slowing down, being forced into an aggressive pricing strategy, increased competition, losing the battle of VHS and Betamax, profit and sales remaining flat and the ongoing poor performance of Sony films (Mintzberg et al, 2003). Both managers initiated major strategic changes with varying degrees of success; firstly Nobuyuki Idei was appointed and initiated a major shift from analogue to digital technology, as there was a belief that Sony was falling behind the market in this respect. Idei also targeted the top position in the audio and visual industry, a universal standard in home computer devices and a new distribution infrastructure. He believed his job was the ‘regeneration of the entrepreneurial spirit’ (Mintzberg et al, 2003), believing it had been lost.
In conclusion, each generation learned from each other. With technology development becoming more rapid every year, innovations are happening all the time. The eighth generation brought forth by PlayStation 4, a removable hard drive that can be upgraded to hold more files up to about four terabytes. Someday consoles may work like computers, to upgrade it buy a better part. However, if predictors are correct consoles are a dying age and will be replaced by mobile gaming and PC gaming that many believe is more convenient to own. Consoles however, turned gaming into something nearly anyone can enjoy from sports games like Wii bowling to games that thrive on chaos like Grand Theft Auto V.
Sony has four products categories as gateways to the networked world: digital TV’s and set-top boxes, VAIO home-use PCs, mobile devices and the best selling of them all is the Playstation 2 (PS2). With all of the new products like the PS2 and Sony.com, released their sale were still low. Sony consolidated net sales decreased 1.7% and operating income fell 30.9%. However, on a local currency basic, it as a year in which Sony’s businesses performed well. The PS2 went on sale in 2000 and shipped over two million units in less than three months.
Sony is the creator of the Sony Playstation. Video game console manufacturers generally use the console as a loss leader and hope to profit on their gaming platforms by selling licenses to produce games to software manufacturing companies. Thus, Sony created a barrier of entry in console manufacturing because other hardware manufacturers would have to be willing to lose money per hardware unit sold in order to compete with Sony. Also, such a manufacturer wouldn’t receive the software game revenues that Sony receives, which gave Sony what seemed to be a monopoly on the Playstation platform. The Sony Playstation consists of hardware components and software components. The software component is the Sony BIOS, which is resides in read-only memory. Sony holds a copyright on the BIOS.1
When we started looking through last year’s annual report, we noticed that Sony VAIO PCs was one of the few industries that experienced a growth in sales (Sony Annual Report, 2009, p. 20). We continued to read through and realized that there are products upcoming, such as the P-Series and V-Series, that will allow for Sony to become a serious competitor in the computer industry. By examining what consumers look for when purchasing, we determined that the Sony VAIOs are very much in alignment with consumer wants, consumers just don’t know enough about them.
With the performance fell beyond expectation, Best Buy announced The Renew Blue strategy in 2013 th...
Wehner, Mike. “Sony lost $171 million due to PlayStation Network downtime”. Tecca. Tecca, 23 May 2011. Web. 27 March 2012.