Sony lawyers argue that nobody is stupid enough to believe they actually own digital games, because then only one person could buy GTA 6

cross-posted from: lemmy.world/post/51388116

With the end of physical PlayStation games looming, the need for clear digital ownership rights is more pressing than ever.

For its part, Sony believes your rights are very clear: you do not own your digital games, and it’s unlikely you’re stupid enough to believe otherwise. At least, that’s roughly the argument the company’s lawyers are presenting in response to a proposed class-action lawsuit.

Sony argues that its current customer-facing disclosures ensure that “reasonable consumers would not be misled” into believing they actually own their digital games. That’s according to a Game File report (paid article link) citing an August 21 filing Sony’s lawyers made in California’s Northern District.

www.gamesradar.com/games/sony-lawyers-argue-that-nobody-is-stupid-enough-to-believe-they-actually-own-digital-games-because-then-only-one-person-could-buy-gta-6/

I really, really hope this backfires. They are arguing in public about how we should not have rights to the games they offer us and somehow don’t care how bad the optics look? I swear I think I am done with Sony and I have been with them since the 90s. They need consequences for trying to treat its consumers with such disregard. At least most companies try to hide it behind closed doors.

The article is sensationalized a bit. They’re not arguing you shouldn’t have rights. They already state that clearly in their terms of service. They’re arguing they disclose this fact adequately under California’s disclosure laws.

California law forbids companies selling a licence to access content from using the words “buy” or “purchase” unless they make it clear to “a reasonable consumer” that what they’re buying is a licence to access and not “unrestricted ownership”.

Sony is facing a lawsuit claiming they’re not following this law. Their sales pages use “buy” and “purchase” but don’t make it clear they’re selling licences.

Sony is countering by saying it’s clearly stated in the first paragraph of their terms of service. If that isn’t enough, they also argue a “reasonable consumer” would inherently know they’re not buying “unrestricted ownership” of Sony’s multiplayer games since multiplayer implies they’re selling to multiple people and multiple people can’t all have “unrestricted ownership” of the same product.

In law, “reasonable person” is usually a much higher standard than the average person. Even if the average person doesn’t understand licences and ownership, a “reasonable person” does. Its why Fox won its defamation case where they argued that no “reasonable person” would assume Tucker Carleson’s statements were factual.