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.
No, it would just be license. The verb “license”; fulfill contractual agreement for limited use of intellectual property (in this case, monetary payment).
You’ve never purchased software in your life, even if it was delivered to you on a physical medium. (Ok well perhaps some of you own businesses and merged or purchased IP entirely but that’s an exception. I’m talking consumers here)
I’ve seen this argument before; that we don’t own our media, just a license to use them because otherwise that would undermine intellectual property. With respect, I can’t see how that is anything but nonsense.
I mean, if you take it to it’s logical conclusion, then I don’t own my paper book laying next to me and that’s ridiculous. Sure I don’t own the IP to it, but it’s my book. I own it. I can do whatever I want to do with it, as long as I don’t violate copyright and other IP rights like trying to sell copies. But I could still do many things, even modify it, sell it on or make a personal copy to replace the old and damaged book.
When I buy a game, it’s my game and I have the right to do all of those same things with it without infringing on the IP rights of the authors/developers/publishers etc…
Trying to equate owning a copy with owning the IP is nonsensical.
On a related note, the only reason we can’t sell our digital games second hand today, is not for legal reasons, but because every store owner is completely incentivized against it and the regulators have not been incentivized enough to demand it.