Facing Lawsuit, Sony Argues It’s Already Obvious That Digital Games Aren’t Owned by Consumers

Sony has responded to a proposed class-action lawsuit filed against PlayStation, arguing that its current disclosures around digital purchases are clear enough that reasonable consumers would not be misled into thinking they actually own the digital games they purchase. The argument was made on August 21 in a filing in California’s Northern District Court during Sony's first substantive reply to the lawsuit.

The legal battle began in June, when a group of gamers and their lawyers asserted that Sony’s store disclosures failed to comply with a California law requiring companies to explicitly state that paying for a downloadable game does not grant permanent access associated with ownership. The law mandates a clear and conspicuous warning in plain language indicating that purchasing a digital good constitutes a license.

During the PlayStation digital shopping cart purchase flow, fine print indicates that the purchase is subject to Sony’s PlayStation Terms of Service and Software Product Licensing Agreement, both of which are hyperlinked for review. Plaintiffs argued these disclosures were insufficient. In its August 21 filing, Sony countered that these linked documents state the software is licensed rather than sold, and that users can use products as described in the license without owning them. However, critics note that these specific lines appear hundreds of words into documents that span thousands of words.

Additionally, Sony's legal defense contends that anyone paying for a digital game inherently understands they do not own it because, if they did, no other person could hold a copy. This perspective draws a distinct line between a digital copy and a singular physical object that can only be possessed by one person at a time.