PlayStation argues digital game buyers know they do not own games

Sony argues PlayStation customers understand that digitally purchased games are licensed, not owned

Pop Culture & ArtAugust 31, 20261 min read

Sony is arguing in court that reasonable PlayStation customers understand that digitally purchased games are licensed rather than owned, as the company faces a class action lawsuit over digital goods ownership.

Four customers filed a class action complaint against Sony on June 18 on behalf of themselves and others in similar situations.

The plaintiffs argue that Sony does not make it sufficiently clear that customers receive limited access to digital games rather than ownership when completing a purchase.

According to the complaint, consumers generally expect to own products they purchase. The plaintiffs argue that PlayStation’s use of terms such as “Buy Now” and “Confirm Purchase” could lead customers to believe they are obtaining ownership of the games.

Sony’s counterargument is that reasonable consumers already understand that digital games are not owned in the same way as physical products

The company also points to its PlayStation End User License Agreement, which states that “software is licensed to you, not sold” and that “virtual content is licensed, not owned.”

The lawsuit centres on whether these disclosures are sufficiently clear when customers purchase digital games.

Sony provides links to its terms and agreements during transactions, but the plaintiffs argue that the relevant information is contained within lengthy legal documents and can be difficult to notice.

The case also involves a California law concerning the sale of digital goods. The law restricts companies from using terms such as “buy” or “purchase” where a reasonable person could understand them as providing unrestricted ownership, unless the seller makes a “clear and conspicuous” disclosure that the product is licensed rather than owned.

In late August, Sony sent emails to PlayStation users containing its terms and agreements, reminding customers about how digital goods work.

The company has also faced scrutiny over its plans to stop producing physical video games for PlayStation consoles starting in 2028.

The court case could determine whether Sony’s existing disclosures adequately inform customers about the nature of digital game licences.

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