> The motion says the PlayStation Terms of Service put a binding arbitration agreement and a class action waiver in Section 14, and quotes the opt-out clause: ...
> The clause requires a user who does not wish to be bound to notify Sony in writing within 30 days of accepting the agreement.
Binding arbitration on individuals should be illegal, full stop. The only use case is taking away people's rights as consumers and workers. Or dodging responsibility for deadly mistakes like the Disney+ incident.
This "opt out" mechanism is made to let Sony lawyers argue that accepting it was your choice so it can't be struck down as forced, even if 99% of users have no idea it exists, by design. Evil all the way down.
tancop
> "Were that the case, then Plaintiff Edward Heycock would not have been able to obtain the game Resident Evil Requiem on February 25, 2026 for $69.99 from the PlayStation Store after Plaintiff Jason Mendoza had obtained Resident Evil Requiem on February 14, 2026, because Mr. Mendoza, not Sony, would have owned it then"
I buy a book. I now own the copy of that book. My friend buys the book. They also own a copy of that book. We do not own the same copy of that book
voidUpdate
> "Were that the case, then Plaintiff Edward Heycock would not have been able to obtain the game Resident Evil Requiem on February 25, 2026 for $69.99 from the PlayStation Store after Plaintiff Jason Mendoza had obtained Resident Evil Requiem on February 14, 2026, because Mr. Mendoza, not Sony, would have owned it then"
That's a very interesting defense. I wonder if it opens up a door maybe Sony would rather keep shut. If I can't own a copy of content because someone else has another copy, how does this play out for piracy? According to Sony's own argument, pirating a copy of the content is fine because others can/do still "buy" or "own" (rent/lease) it.
buran77
I am deeply ambivalent about Sony.
I have had three mirrorless Sony cameras (albeit two secondhand), and I think they made what is one of the low-key best hobbyist cameras of its class ever [0], and I don't even much mind their current camera software, which I installed somewhat reluctantly.
But back on the distributable content side, this is a company that hacked customers' PCs with a rootkit. They are a big enough and clumsy enough company to make bad decisions regularly.
[0] the NEX-6, a true joy that I would recommend to anyone who wanted an old knockabout camera even now, though even fourteen years since it was released, its used prices hold up almost too well because I am clearly not the only person who thinks it is lovely
dofm
Seems like we need some copyright reform WRT issues like this. We need a true way to have digital ownership; including putting assets in escrow and a way for access to continue after the store is shut down or the item removed from the store.
gwbas1c
I've noticed something interesting here. Sony claims it does
not disown people because even when they purchased a physical
hard copy, Sony still would own it. Naturally this is wrong -
people could re-sell it if they want to and Sony could not
remote-control anything else. But it is interesting that Sony
TRIES to go that route now. I think the courts will have to
make a very simple decision as to what ownership constitutes.
IMO when there is a physical hardcopy, things have to stay as
they are for decades - this is the only logical conclusion.
So, Sony trying to prevent physical hardcopies, as means to
dis"own" future sales, should be closed down by the court
system. I'd even think legislation should change so that
Sony would be required to make these as a copy. That could
be as simple as on a USB stick for instance (does not even
have to be provided by Sony, could be purchased elsewhere by
the buyer). Sony's way to try to argue here makes no sense
to me. We need better right to ownershiper by customers
laws, in addition to right to repair laws in favour of the
customers. These corporations bribed legislation to their
favour - that must stop.
shevy-java
Sony's lawyers really picked a strange hill to die on here... even if they win, the precedence will screw over Sony, at least in marketing.
This thing where companies can use custom definitions of words in order to intentionally build ambiguity into their agreements is designed to induce just this type of problem. Words have meaning outside these agreements and that outside meaning influences people's interpretation of the agreement. Words are, unfortunately, also ambiguous. So when we make these agreements we allow them to add more detail to definitions in an effort to clear up that ambiguity, but we end up with people trying to argue blatant contradictions like "any reasonable person would understand that own doesn't mean own"
ratelimitsteve
If 30 years ago someone suggested breaking into your house to take away your Nintendo games or remotely disabling them by sending something over the network to the console, it would have absolutely been beyond the pale.
But 30 years of boiling the frog and now we have a megacorp that has absolutely no qualms about maximizing their profits by doing the moral equivalent. The popular conception of what constitutes a transaction, what constitutes ownership, and what is fair use has swung so far away from what consumers want and expect, that I can't believe they're arguing, stupidly, in court, that ownership is "not possible" because one person can buy a game, and then a second person can!
Whatever happened, I dunno. I hate that consumers have become so powerless in the face of relentless erosion of basic transactional norms.
It just reinforces how much I will not be participating in that economy.
comments (10)
Binding arbitration on individuals should be illegal, full stop. The only use case is taking away people's rights as consumers and workers. Or dodging responsibility for deadly mistakes like the Disney+ incident.
This "opt out" mechanism is made to let Sony lawyers argue that accepting it was your choice so it can't be struck down as forced, even if 99% of users have no idea it exists, by design. Evil all the way down.
tancop
I buy a book. I now own the copy of that book. My friend buys the book. They also own a copy of that book. We do not own the same copy of that book
voidUpdate
That's a very interesting defense. I wonder if it opens up a door maybe Sony would rather keep shut. If I can't own a copy of content because someone else has another copy, how does this play out for piracy? According to Sony's own argument, pirating a copy of the content is fine because others can/do still "buy" or "own" (rent/lease) it.
buran77
I have had three mirrorless Sony cameras (albeit two secondhand), and I think they made what is one of the low-key best hobbyist cameras of its class ever [0], and I don't even much mind their current camera software, which I installed somewhat reluctantly.
But back on the distributable content side, this is a company that hacked customers' PCs with a rootkit. They are a big enough and clumsy enough company to make bad decisions regularly.
[0] the NEX-6, a true joy that I would recommend to anyone who wanted an old knockabout camera even now, though even fourteen years since it was released, its used prices hold up almost too well because I am clearly not the only person who thinks it is lovely
dofm
gwbas1c
shevy-java
rf15
https://consumerrights.wiki/w/Sony_PlayStation_digital_game_...
haunter
ratelimitsteve
But 30 years of boiling the frog and now we have a megacorp that has absolutely no qualms about maximizing their profits by doing the moral equivalent. The popular conception of what constitutes a transaction, what constitutes ownership, and what is fair use has swung so far away from what consumers want and expect, that I can't believe they're arguing, stupidly, in court, that ownership is "not possible" because one person can buy a game, and then a second person can!
Whatever happened, I dunno. I hate that consumers have become so powerless in the face of relentless erosion of basic transactional norms.
It just reinforces how much I will not be participating in that economy.
titzer