Last month, Sony argued that "reasonable consumers" already understand they do not truly own the digital goods they pay for. Now, the Consumer Rights Wiki website has compiled a list featuring over 30 instances where Sony told consumers that "paid digital games belong to them."
A recent class-action lawsuit against Sony points out that the PlayStation Store did not clearly inform consumers that digital purchases do not equate to digital ownership. After completing a transaction in the PlayStation Store, players are only purchasing a revocable digital usage license—this purchase does not guarantee permanent access to a game, DLC, or cosmetic item pack.
Sony's legal team promptly countered that the company had not violated any laws regarding digital ownership, as "a reasonable consumer would not be misled by the fine print on the store page." This refers to the links to the company's Terms of Service and Software Product License Agreement that pop up before payment in the PlayStation Store.
Seemingly in response to this argument, the Consumer Rights Wiki website created a "non-exhaustive reference table of cases where Sony's official website mentions 'owning' digital games." The list includes more than 30 statements from Sony's official website, generally meaning things like "view live streams related to the games you own via Game Center," or "if you own both the PS4 and PS5 versions of the same game, you can switch versions using the following method..."
A recent typical example comes from the FAQ page for Marvel's Wolverine: "Standard Edition owners can also upgrade to access Digital Deluxe Edition content."
The plaintiffs claim that Sony violated a California law. The law states that "it is illegal for sellers of digital goods to use terms like 'buy,' 'purchase,' or any phrasing a reasonable person would interpret as granting unrestricted ownership of digital goods when promoting or selling such items to buyers." The standard of "reasonableness" seems difficult to quantify in court, but that's beside the point. Digital sellers can avoid this law by clearly explaining the details of the purchased license to consumers. We will wait and see how this lawsuit develops in the coming weeks and months.