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 of
the 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.