Feeds

Sony's PS3 firmware update shows how retailers can be exposed

No compensation from manufacturers

High performance access to file storage

Though that places them at risk, Parkinson said that retailers will be used to such situations. "Retailers already take risks, such as with defective products that are outside the guarantee period," he said. "Some even negotiate to buy goods with fewer rights of recourse against the supplier to get a cheaper price."

There are other laws that could apply to the changing of goods after the sale, but are unlikely to in this instance, said Parkinson. Though some users will feel that the ability to use other operating systems is desirable, it is not a vital part of using a PlayStation3 for the average consumer, he said.

But if manufacturers did change major elements of goods after the fact they themselves could run into trouble, he said.

"The Consumer Protection From Unfair Trading Regulations have a criminal sanction for unfair practices," he said. "It can be unfair to say something about a product's characteristics that is untrue, but that's got to affect the buying decision of the 'average' consumer, so wouldn't really apply in the PlayStation3 case."

"In any event, the retailer in those circumstances has a defence that the acts of the supplier are outside their control," said Parkinson. "The consumer has no specific rights to bring an action under the Regulations, but Trading Standards could do it and try to enforce criminal sanctions against the manufacturer."

Retailers could try to change their contracts with manufacturers so that they could recoup payouts to consumers, but Parkinson doubted whether many would have the influence to take on major electronics makers.

"Ideally you would seek to include a provision in your contract stating that you would be able to have recourse if the supplier did something of this nature that led to you having consumer complaints against you," he said. "But I would query whether or not many retailers would have sufficient power to make that stick and get it into the contract."

Copyright © 2010, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

High performance access to file storage

More from The Register

next story
Report: Apple seeking to raise iPhone 6 price by a HUNDRED BUCKS
'Well, that 5c experiment didn't go so well – let's try the other direction'
Video games make you NASTY AND VIOLENT
Especially if you are bad at them and keep losing
Microsoft lobs pre-release Windows Phone 8.1 at devs who dare
App makers can load it before anyone else, but if they do they're stuck with it
Zucker punched: Google gobbles Facebook-wooed Titan Aerospace
Up, up and away in my beautiful balloon flying broadband-bot
Nvidia gamers hit trifecta with driver, optimizer, and mobile upgrades
Li'l Shield moves up to Android 4.4.2 KitKat, GameStream comes to notebooks
Gimme a high S5: Samsung Galaxy S5 puts substance over style
Biometrics and kid-friendly mode in back-to-basics blockbuster
AMD unveils Godzilla's graphics card – 'the world's fastest, period'
The Radeon R9 295X2: Water-cooled, 5,632 stream processors, 11.5TFLOPS
Sony battery recall as VAIO goes out with a bang, not a whimper
The perils of having Panasonic as a partner
NORKS' own smartmobe pegged as Chinese landfill Android
Fake kit in the hermit kingdom? That's just Kim Jong-un-believable!
prev story

Whitepapers

Mainstay ROI - Does application security pay?
In this whitepaper learn how you and your enterprise might benefit from better software security.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Mobile application security study
Download this report to see the alarming realities regarding the sheer number of applications vulnerable to attack, as well as the most common and easily addressable vulnerability errors.