posted in Technology

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/
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Replying to @⁨GolfFoxtrotLima@sh.itjust.works⁩

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.

Replying to an earlier post

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.

Replying to @⁨threeonefour@piefed.ca⁩

A lot of “reasonable consumers” got a nasty shock when Sony revoked their licences to content that they “purchased”. That’s really the true problem here. Nobody hates Steam for using a similar system, because they never revoke licences. I can even still re-download and play games that have been de-listed or taken down. Disappearing purchases is a big problem, it’s completely lost value for the consumer and free money for the business. One step removed from a scam.

Replying to @⁨Guitar@lemmy.world⁩

Sleazy lawyers expect the judge to have rocks for brains and buy this argument. They’re relying on the ignorance of digital goods and how they work. I hope they didn’t forget that neat word from the last corpo scam before AI, non-fungible. Every copy is indistinguishable from all the other copies. If you can sell infinite copies at no cost, then people should be able to buy a copy and keep it in a working state forever. Fuck DRM.

Replying to @⁨GolfFoxtrotLima@sh.itjust.works⁩

In other words, Sony’s lawyers are arguing that if you truly own your digital games, only one copy of GTA 6 could ever be sold. “Were that the case, then Plaintiff Edward Heycock would not have been able to obtain the game Resident Evil Requiem on February 25, 2026 for $69.99 from the PlayStation Store after Plaintiff Jason Mendoza had obtained Resident Evil Requiem on February 14, 2026, because Mr. Mendoza, not Sony, would have owned it then,” the filing says.

OK, so by that logic if only one copy exists and that copy is rented to Jason Mendoza, then Sony shouldn’t be able to rent it to Edward Heycock because the one copy is already in use by Mendoza.

Replying to @⁨GiantRobotTRex@lemmy.today⁩

It really should work that way then, instead of letting them have their cake and eat it too. They and others have fought hard to make that logic work to their own ends. When publishers can enforce artificial scarcity of digital goods upon public libraries, like limiting the number of active e-book loans at any time, those same publishers should find themselves bleeding on the other edge of that sword. But since corporations are “persons,” the large ones belonging to that class of untouchables, it’s “rules for thee, but not for me” as always.