Don't buy PlayStation, got it.
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obtaining games through unauthorised means
If games are going to have DRM, collect our data through unauthorized means, and be randomly taken away without our authorization, then exactly what social contract are we upholding?
then exactly what social contract are we upholding
The one where criminals, thieves, scammers, and pedophiles are free to commit whatever crimes they want, as long as they operate on behalf of capital.
If buying isn't owning, then piracy isn't stealing.
AS A CONSUMER YOU MAY HAVE RIGHTS UNDER APPLICABLE LOCAL LAWS THAT CANNOT BE EXCLUDED, LIMITED OR CHANGED. THOSE RIGHTS TAKE PRIORITY OVER ANYTHING IN THESE TERMS.
So they're saying we should write to our law making representatives and have that changed?
Sounds like a fucking great idea to me.
Yeah, first you have to have representatives that write laws in your favor.
If you pirate the games, you actually own them and they can't take them away from you. Funny how that works.
Sad really. Been a PlayStation fan since I was a kid. PS1 on Christmas w/ Metal Gear Solid is easily one of my favorite core memories. As with everything else in modern era, these companies have really lost their bearing and the spark / soul that made them cherished through most of our lifetimes.
I've switched to PC gaming long ago so I'm not really in their target audience anymore, but when the day comes that I want a machine for the living room it'll certainly not be a PS.
They are going to stop using 'buy' and 'own' in their advertising then, right?
Luckily the EULA doesn't apply when obtaining it through unauthorized means since the EULA would never have been accepted upon a purchase that didn't happen.
(It is though copyright infringement, but you still have more ownership over the bytes on your own disk since DRM would have been removed or neutered)
Old school was "shrinkwrap eula".
When you took the literal shrinkwrap off the box, you agreed.
Then it switched to "use eula" and the box that pops up containing the EULA that says "click to accept" and there's no other option but to accept...
That's the point you agree.
I don't think it's ever been "at purchase" at least in America. Because obviously gifts are a thing and purchasers aren't always users and more importantly users aren't all purchasers
A cracked game might circumvent those popups and/or screens, but I honestly don't know why they would put the effort in or if it would matter. And if it mattered probably varies a lot by country.
EU is very adamant that you can only present contractual terms before entering an agreement (purchase) not after. All those EULAs showing up in the game before you are shown the main menu are void in EU.
If the EULA is instead embedded in the purchase flow with an "I agree" checkbox then the UsedSoft vs. Oracle case is likely still precedence to argue that you own the copy. Reason is that the purchase flow uses the "Buy" terminology and nowhere outside of the EULA it mentions rental/lease/limited/etc. This would breach the "reasonable consumer expectations" as the storefront didn't make it clear in their purchase experience that it was only a limited license you obtained and that a normal consumer doesn't expect "limited" when reading "Buy". This part has though not been tested in court yet but most legal scholars agree that this would be the likely outcome should someone bring it up.
license to play or use the Software for your private, non-commercial use
Does "non-commercial" mean all those people who make money by playing games on a monetized livestream, posting monetized gameplay videos, or playing e-sports for prizes are filthy pirates?
Sony can go fuck themselves. Honestly if they are going to make purchases this restrictive then I guess I won't buy them anymore.
Reminder that the same EULA applies to the software on a physical disk, too. The difference is you will still have the disk if they decide to revoke your ability to run that disk.
Sony’s EULA has always said this.
EULA's have been saying it since before discs were invented...
https://en.wikipedia.org/wiki/End-user_license_agreement
If any EULA didn't say that, everyone who bought it could sell their own copies for $1 less then they bought it. Eventually the price of every piece of software no matter what it was, would be the hosting costs based on sheer size.
What's wild is so many people never knew this, and are hyper fixated on the wrong part.
Back in the day updates just weren't really a thing. There may be additional software (DLC except you bought it physical) in between editions, but for the most part the program was the program. So as long as you kept your install discs, you could always install that program.
That is what you were buying, the physical means to install the program, and that has always been just a license and definitely not duplicatable. Selling used games/software was valid because you're handing over the physical means to install/run that software.
The parallel would be selling a "used digital game" and it disappears from your library. And Sony could even take 10% or whatever as a fee, even tho it would cost money.
Consumers could trust that any used game was 100% the exact same as new tho, there's be zero advantage to every buying new if a single used license was cheaper.
That would be free market capitalist software, but the oligarchs don't want.
It says "limited" but does not define what limited is, so you legally paid for nothing guaranteed. You just give them money but they are obligated to give you nothing.
Not that this gives them a pass, but just to clarify the term: “limited” means you’re only allowed to use the software in the specific ways described by the EULA. The whole purpose of the EULA is to define exactly what “limited” means. In contrast, “unlimited use” would indicate that you’re allowed to use the software however you want unless specifically forbidden by the EULA.
“Limited” does not mean that they can just make up whatever they want later and say “well that’s what we meant when we said limited.” The EULA describes the agreement you make, and both parties are bound to exactly what is described in that EULA.
They can decide to change the EULA later and technically you are free to choose whether you want to accept those new terms, but the nasty part is that they can revoke your current license if you decide not to accept their new EULA and you’re just out of luck because you don’t actually own a copy.
TL;DR it’s a shitty deal either way, but I think it’s important to be accurate. They do define what “limited” means or it wouldn’t be a valid license agreement. That does not imply that the EULA is a good one.
The only solace is at least the majority of AAA games coming out now are so ass that i don't want them anyway.
One thing I'm sure is that I'll never buy a Playstation again. Even if they backtrack.
I'm so glad I never got a PS5. I sure as shit won't now.
Just a reminder that this goes for the OS on the PlayStation too.
You don't really own hardware that you don't control either*.
* yeah, you do own the hardware, but if you can't use it without a software license is it really yours?
True. I don't own any Sony games. But that's because I don't buy Sony games in the first place. Not because I got rug pulled.
Pretty much all software EULA's are like this. Anything you "buy a license for" certainly. Same as it ever was.
To the seas. How does this conflict with the digital media copyright protection acts
Steam users: First time?
To be fair, i recall Steam and GOG said that in case of a platform shutdown or if a game from your library is delisted, they can provide you a copy of the game files that you can keep and use.
The Sony policy is much more shady.
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