Read more at:
Among game collectors, the debate between purchasing physical copies of a title and downloading a digital edition has proponents on both sides. On one side, accessing digital content can be easier. On the other hand, your physical media will always be there for you, which is one of the reasons Gen-Z is more attracted to physical media. Now, the discussion in a new legal battle involving Sony and its PlayStation Store may encourage more people to buy physical video games over digital.
A lawsuit filed by four gamers in San Francisco, California, on June 18 alleges that Sony Entertainment is breaking a California law requiring online shops to be clear that customers are purchasing licenses of digital gaming titles when buying them online (via Aftermath). The lawsuit argues that the language Sony uses within the PlayStation Store can make it seem like users are purchasing and owning their games, when in reality, they are only getting permission to access the game or content.
The lawsuit may have broader implications and turn into a class action lawsuit, meaning the case may cover a larger selection of consumers. While some of the language Sony uses in the Store may be conflicting with the company’s actual policy, there is wording that informs users they are not actually buying a product to own. Much like how there are reasons you should stop buying digital movies, Sony’s lawsuit may be a good reason to consider physical video games as well.
California lawsuit claims Sony misleads consumers
California law AB 2426 requires companies to be clear with consumers buying digital goods that they’re purchasing a license for the content — not the content itself. Consumers can still access digital content with a license, but it gives companies like Sony the ability to revoke access to said content at any time.
The lawsuit argument boils down to the language Sony uses, especially when it says “Confirm Purchase” when paying for an item in the PlayStation store. It’s this wording that fuels the lawsuit, as the four complainants argue that they were unaware they were purchasing a license rather than buying the game. Lawyers for Sony argue that the Software Product License Agreement specifically mentions that users are obtaining a license, with the rebuttal being that users do not need to confirm they’ve read this agreement before making a purchase. Should the suit move forward, the plaintiffs are requesting that the judge make it a jury trial to determine proper restitution.
PlayStation’s Terms of Service says users are receiving a license for gaming content instead of ownership, even when terms like “buy” and “own” are used in communications. There is also a disclosure above the Confirm Purchase button in the store that states the product licensing agreement.
