Sony caused a stir among gamers in July when it announced the phase-out of physical PlayStation game discs starting in 2028. In California, a group of gamers sued the company over its practice of selling digital games on its storefront. However, this isn’t the landmark case some are hoping for that would bring back physical media.
A lawsuit filed in June on behalf of four gamers alleges Sony violated California’s AB 2426 regarding digital purchases. According to the complaint first reported by Aftermath, Sony “misled” customers who purchased games via the PlayStation Store by not making it explicit that they were only buying a license for the game. Sony’s defense is that the links about the license are made available to those buying games, and it’s clear that the ones buying the games don’t own them.
California’s AB 2426 was signed into law by Gov. Gavin Newsom in 2024. It requires sellers of digital goods such as music, movies, ebooks and video games to clearly disclose when consumers are receiving a license for the content rather than ownership. It also restricts those sellers from using terms such as “buy” and “purchase” for licensed digital goods without having proper disclosures made during the buying process.
The lawsuit, which seeks class action status, argues that the terms “Buy Now” and “Confirm Purchase” are found while buying Resident Evil Requiem, NBA 2K25, Five Nights at Freddy’s 4 and other titles. The gamers suing Sony say they didn’t realize they were receiving a revocable license and alleged they paid more than they otherwise would have.
In its motion filed on Aug. 21, Sony cites Section 8.4 of its PlayStation Terms, saying when a customer purchases a product from the PlayStation Store, they buy a personal license and therefore “do not own the product.” Sony then points to Section 10.1, which says terms such as “own,” “purchase,” “sale,” “sold,” “sell” and “buy” do not imply a transfer of ownership. It also notes that the license is “revocable.”
Last month, Sony sent an email to PlayStation users reminding them of the terms of service and that digital games are licensed, not purchased. The mass email campaign appears to have happened right after Sony filed its motion.
The gamers are asking the court for an injunction to stop Sony from conducting the alleged deceptive practices, a change to how the company’s wording is used at the point of sale and are seeking damages for California residents affected by the practice. There is no indication in this lawsuit that they are asking Sony to bring back physical media, as this suit was filed before the company made its announcement.
Sony’s filing requests that the court dismiss the case or have the individuals file their own claims individually. As part of the PlayStation Terms of Service, those who agree to the terms also agree to arbitration for any claims, along with waiving rights to a class action lawsuit.
A similar lawsuit was filed against GameStop in January for allegedly violating AB 2426. That legal action is still ongoing.
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