Sony's Lawyers Can't Make Customers Like Losing Ownership

When you’ve dug yourself in over your head, quit digging.

The latest development in the digital game ownership controversy shows Sony have yet to learn that lesson.

When a PlayStation customer clicks a button clearly labeled “Buy,” hands Sony money, and downloads a game, does he actually own what he just bought?

Sony’s lawyers argue the answer is obviously not.

A group of California gamers recently filed a proposed class action suit alleging that Sony misleads customers with terms like “Buy Now” and “Confirm Purchase” despite Sony claiming that PlayStation Store transactions just grant revocable licenses.

Sony responded that its disclosures already make the arrangement sufficiently clear and that reasonable customers shouldn’t think they acquire ownership of digital games.

Sony’s Software Product License Agreement is even more blunt: “The Software is licensed to you, not sold.”

Sony’s lawyers argue that this language, along with disclosures presented during checkout, satisfies California’s digital goods transparency requirements.

Now, maybe the court will agree; maybe not.

But regardless of any legal finding, Sony’s real problem will remain. In fact, winning could make it worse.

Read the full post on Substack.

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