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Norway: Sony breached Norwegian Marketing Control Act by removing Other OS

Thursday, 27th January 2011 20:29 GMT By Stephany Nunneley

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An independent government agency in Norway has apparently received enough complaints from PS3 owners over the removal of Other OS that it has presented the case before the country’s Consumer Ombudsman.

According to Norway’s Consumer Council, the removal of Other OS means that Sony breached the Norwegian Marketing Control Act when it removed the feature after being sold on the market.

“Sony claims a universal right to change or remove functionality from the gaming console,” the Consumer Council’s Øyvind H. Kaldestad told Arstechnica.

“The Consumer Council strongly believes there needs to be a limit to what constitutes a reasonable change to products we buy—and that terms of service that grant the manufacturer full access to literally downgrade the product or limit the functionality are unreasonable and in clear violation of the Marketing Control Act.”

“When a company use terms like ‘updates’ or ‘upgrades,’ it is reasonable to expect a significant improvement of the product and not the risk of being stuck with a lesser product,” added councilman Thomas Nortvedt.

Consumer Ombudsman can appeal and negotiate to companies on behalf of third parties, and if an agreement cannot be reached, the matter can be taken up by the Market Council which legally has the power to “issue decisions banning unlawful marketing and contract terms and conditions in standard contracts when deemed necessary in the interests of consumers.”

Sony was today granted a temporary restraining order against hackers GeoHot and fail0verflow for the PS3 hack which would allow Other OS to be reinstalled on the system. While neither party is no longer allowed to distribute the files needed to hack the system, the fruits of their labor are already slathered across the Internet.

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11 Comments

  1. Razor

    lol, how many PS3′s have they sold in Norway?

    Five?

    #1 4 years ago
  2. hitnrun

    Can we get an overlay of whatever Norway’s national bird is shedding a tear?

    #2 4 years ago
  3. TheViking

    What the f*ck are you guys talking about?

    #3 4 years ago
  4. MegaGeek1

    Lol, props to councilman Thomas Nortvedt. Sweet quote.

    #4 4 years ago
  5. topdoog1

    Norway question: What is national bird of Norway? The White-throated Dipper, in Norwegian: Fossekall.

    #5 4 years ago
  6. TheWulf

    My not at all erstwhile opinion of gamers: Mostly right wing mendicants that like to bend over and beg for another!

    Do people like proving me right? Is that what it is? Really? I just want to know.

    Honestly, I’m just teasing, but really?

    Let me just recap for anyone whose found a single drop of sanity within their minds:

    - Sony removes Other OS.
    - People who worry about rights complain.
    - Gamers tell them to shut up, because downgraded products are cool.
    - Hackers restores rights.
    - Hackers are accused of being teh ebil uberpirates, despite having made piracy difficult via their patch.
    - Norway says that the removal of rights is wrong.
    - Gamers make fun of Norway for being a carebear.
    - Gamers are willfully misinformed and imply that Norway is poor.

    I mean… really???

    I’m asking you as a personal favour to me… comment back and tell me you were just trolling, okay? It’ll make me feel better.

    #6 4 years ago
  7. Hunam

    I never thought Norway was poor. Then again I’m not an American. I know Norway has a spectacularly low murder rate.

    #7 4 years ago
  8. hitnrun

    Who thinks Norway is poor? Or, for that matter, a carebear? I just thought it would be funny to give the Crying Eagle treatment to a country that doesn’t land in the press very often.

    @6, Close your browser, go outside, and…breathe.

    #8 4 years ago
  9. Max Pain

    Hi guys

    This case is a big deal in Norway.

    Consumer rights is a top law here, we dont like getting screwed around with.

    We payed for Other OS on our PS3, then Sony removes it.
    Its like paying for a Car, only that after a repair you dont have any AC or breaks .. it dosn’t seam fair.

    @1 there is sold alittle over 400000 PS3s in norway

    #9 4 years ago
  10. MegaGeek1

    @9, I agree 100%

    #10 4 years ago
  11. TheViking

    Yeah, I have to say I think it’s weird people think we are a poor country…

    Where do you find the highest standard of living?

    Yep, you guessed it… Norway.

    What’s happening in the Sony case is called CONSUMER RIGHTS: I know that in America where you have corporatism and you are getting screwed in the butt everyday by corporations you don’t know about these things…

    #11 4 years ago

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