The class action against Sony over the fiasco involving its PSN service is about to be dismissed, or at least all signs point to that.

The case argued that Sony showed negligence and violated consumer protection rights of California by denying restitution and injunctive relief claims. It was said that earlier attacks made it clear Sony’s network was vulnerable, but that the company still did nothing to address this.

However, judge Anthony Battaglia dismissed these claims for lack of evidence of actual economic loss. Plaintiffs apparently failed to produce any actual proof, although amending and resubmitting evidence is still an option.

Apparently, the fact that PSN service is free of charge helped Sony with charges of violating consumer protection laws. By consenting to the company’s privacy policy, users agreed to the notion of “no such thing as perfect security”. Thus, customers had no right to expect uninterrupted service at all times.

The case can be amended and evidence resubmitted by 9th of November, but it is not very likely that Sony will be found guilty in the end.

More here.