← Latest briefing

Technology

Sony moves to dismiss digital game ownership lawsuit in California court

The company argues that reasonable consumers understand digital purchases grant revocable licenses rather than full ownership.

The short version

  • Sony responded in court to a class-action lawsuit alleging it violates California law by failing to clearly disclose that digital purchases do not grant game ownership.
  • Plaintiffs contend Sony relies on separate disclaimers while using point-of-sale terms like "buy" and "purchase" that imply permanent ownership.
  • Sony argued in an August 21 filing that consumers understand digital items are licensed, noting that multiple users purchasing the same digital title makes individual ownership impossible.
  • The lawsuit comes as Sony reminded customers that digital products are licensed and reaffirmed plans to end physical game production in 2028.

Key facts

  • A class-action lawsuit filed on June 18 alleges Sony violates California law by failing to clearly and conspicuously disclose at the point of sale that digital transactions convey licenses rather than ownership.[Engadget]
  • In an August 21 court filing, Sony argued that reasonable consumers know digital game purchases confer revocable licenses rather than physical ownership.[Engadget]
  • Sony cited its terms explaining that software is licensed rather than sold, arguing that distinct customers buying the same digital title demonstrates ownership is not transferred.[Engadget]
  • Sony sent emails to customers reminding them that digital games are licensed and recently reiterated plans to phase out physical game production in 2028.[Engadget]

What remains uncertain

  • It remains uncertain how the California court will rule on Sony's filing or whether the class-action lawsuit will be allowed to proceed.[Engadget]

Sources