By Gregory Rasputin
It has been quite a while since we spoke of the OtherOS lawsuit, i wrote here of how Sony were planing to dismiss the case, then in July 2011 the court case continued, with that hearing just recently being brought to light by the awesome Groklaw,here is a part of that hearing:
You can read the full article at the source here.
Or you can download the PDF here at PS3HaX.
It has been quite a while since we spoke of the OtherOS lawsuit, i wrote here of how Sony were planing to dismiss the case, then in July 2011 the court case continued, with that hearing just recently being brought to light by the awesome Groklaw,here is a part of that hearing:
THE COURT:
– the big difference between the last complaint and this one, in terms of an item that is being presented as a basis for these claims, particularly the express warranty claim, is the statements by Mr. — I think his name is“Harai” — about the life cycle, if you will, of the PS3. And I suppose my question is: Aren’t you expecting that statement to carry an awful lot of water here, in terms of providing any kind of warranty that the Other OS function is going to be maintained in seeming perpetuity, and in no way will be affected going forward; at least, with respect to this ten-year period that you’re identifying? It’s a very general statement about the market cycle of a product. And to transform that into the flagship of your warranty claim seems to be expecting a lot out of that statement.
MR. QUADRA:
Well, your Honor, let me at least clarify one point. Our allegation is not that it is a market-cycle statement; that, in fact, it refers to the life ofthe product, itself. When it was first made, that specific statement in its entirety, which I believe — the defense counsel sort of cut part of the quote — goes on to say that they’re not envisioning putting out a new product, because they purposely make their products to last this period of time.
– the big difference between the last complaint and this one, in terms of an item that is being presented as a basis for these claims, particularly the express warranty claim, is the statements by Mr. — I think his name is“Harai” — about the life cycle, if you will, of the PS3. And I suppose my question is: Aren’t you expecting that statement to carry an awful lot of water here, in terms of providing any kind of warranty that the Other OS function is going to be maintained in seeming perpetuity, and in no way will be affected going forward; at least, with respect to this ten-year period that you’re identifying? It’s a very general statement about the market cycle of a product. And to transform that into the flagship of your warranty claim seems to be expecting a lot out of that statement.
MR. QUADRA:
Well, your Honor, let me at least clarify one point. Our allegation is not that it is a market-cycle statement; that, in fact, it refers to the life ofthe product, itself. When it was first made, that specific statement in its entirety, which I believe — the defense counsel sort of cut part of the quote — goes on to say that they’re not envisioning putting out a new product, because they purposely make their products to last this period of time.
Or you can download the PDF here at PS3HaX.
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