PlayStation Fans Compile Dozens of References Where Sony Implies Digital Game Ownership

PlayStation fans and contributors at the Consumer Rights Wiki have compiled an in-depth list of official PlayStation verbiage indicating that users actually own the digital games they purchase. This effort comes while Sony faces a class action lawsuit claiming its store terms suggest ownership while only conveying software licensing. The lawsuit hinges on California law AB 2426, which requires digital vendors to clearly inform consumers that they are purchasing licenses rather than products.

In response to the legal challenge, Sony argued that reasonable consumers would not be misled by its terms. The company also pointed out that its broader terms of service state software is licensed rather than sold. However, contributors found that the PlayStation Network, store product listings, and help pages are filled with allusions to owning digital games. The collated archive includes dozens of pages supported by live links and archived web snapshots.

Examples gathered by contributors include upgrade instructions for transitioning an eligible PS4 digital game to a PS5 console, which specify needing a digital game users already own. Additional references appear on the UK PS5 hub mentioning games you own, standard store downloadable content blurbs warning against purchasing content players already own, and instructions for cloud streaming that state select games you own can be streamed directly to a console or PlayStation Portal. In total, contributors identified 34 examples across PlayStation documentation mentioning that players own games.

California law AB 2426 prohibits sellers of digital goods from using terms like buy or purchase to imply an unrestricted ownership interest unless explicit acknowledgments or clear statements are provided during transactions. Sony may argue that its agreed-upon terms cover store purchases, and the company has also argued that digital games cannot be owned because that would mean only one non-fungible digital copy could exist. Meanwhile, Sony has sought to push the case into arbitration.