PixlBit

The plaintiff demands compensation for fees supposedly incurred by Sony's recent Firmware update.

Recently, many PS3 owners have experienced a system malfunction after updating their firmware to version 3.0. In response, Sony issued another firmware update, version 3.1, hoping to solve the issue. However, many of the original complainants have reported that the problem still exists despite the new update.

After Sony issued their statement claiming the 3.0 update is not the culprit behind all the reports of malfunctioning systems, gamers were only left with the option of sending in their PS3s for a costly repair.

However, John Kennedy, a Florida man, refuses to accept Sony's excuse. In fact, he’s filed a class action lawsuit against Sony on the ground that the update rendered his system unusable and forced him to spend $150 in repairs.

The lawsuit was filed on October 3, 2009 in the San Francisco Division of the Northern District Court of California. Kennedy argues that "as a general rule, Sony ‘encourages’ PS3 owners to install the latest version of system software, Sony required users to install the Firmware 3.0 update."

He also makes sure to point out that the 3.1 version of the firmware "not only failed to address problems introduce[d] by Firmware 3.0, it caused new problems," including the malfunction of the Blu-Ray disk drive.

Kennedy is suing for compensatory damages and "an award to plaintiff and the class members of their costs and expenses incurred in [the] action including reasonable attorneys’ fees."

The full filing can be found here.