August 31, 15:46

Sony argues in court that digital games cannot be owned

Sony Argues in Court That Digital Games Can't Be Owned

Decrypt

Sony told a federal judge that no reasonable consumer believes they own digital games bought through the PlayStation Store. Sony made the argument in an August 21 filing responding to a proposed class action. Four California PlayStation customers filed the case in June in the Northern District of California. The customers allege that the store's "Buy Now" and "Confirm Purchase" buttons imply ownership. They allege that the transactions provide only a revocable license. The lawsuit cites Section 17500.6 of California's false advertising law. The provision took effect in January 2025. The provision requires a clear and conspicuous statement that a digital good is licensed when sellers use terms such as "buy" or "purchase." Sony says its checkout already provides that disclosure. The cart links to the PlayStation Terms of Service and the Software Product License Agreement. The terms of service say that customers "do not own the product." That statement appears in the eighth of 18 sections. The license agreement says the software is "licensed to you, not sold." Jason Mendoza bought Resident Evil Requiem on February 14. Edward Heycock bought the same game for $69.99 on February 25. Sony's lawyers argued that Heycock could not have bought the game if Mendoza owned it. Sony's primary request is for the judge to send the dispute to private arbitration. Sony says PlayStation's terms require users to resolve claims through arbitration. The ownership arguments apply only if the judge rejects the arbitration request. The terms of service also include a class action waiver. The waiver requires claims to be brought individually. The judge has not ruled on the arbitration request. Sony said on July 1 that it will stop producing physical discs for new PlayStation games from January 2028. The PlayStation Store and digital retailers would then be the only routes to new releases. Sony Group is reportedly planning a dollar-denominated stablecoin for purchases across its digital ecosystem.

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