The relevant section is blunt. “The Software is licensed to you, not sold,” the EULA states. “You are granted a limited, non-exclusive, non-transferable, and personal license to play or use the Software for your private, non-commercial use on the system or device it was intended for.”
The terms also restrict renting, modifying, or obtaining games through unauthorised means. Nothing in there is new, technically. Sony’s EULA has always said this. The timing is what makes it land differently right now.
It’s in the EULA for every piece of software, including physical.
If it wasn’t, then buying a single copy would legally allow you to sell an infinite amount of copies.
Because that’s what actually owning software means.
And video games are software.
PlayStation:
Windows 95:
https://www.scribd.com/document/478767349/Windows-95-License-Agreement
I know it’s a joke no one ever read them…
But you all really never knew this?
Edit:
Don’t make me wheel out the 1980s CRT TV for the class…
https://www.youtube.com/watch?v=up863eQKGUI
There’s always been freeware and shareware (yes, they’re different) but if you as an individual paid money for software at any point, you’ve never owned it.
Businesses can’t even justify the expense of “owning” basic stuff like Microsoft Office and collectively spend billions. “Owning” software is fucking expensive, and usually means you coded it.
Bolded for those that aren’t getting it.
Even if you buy a disc, that does not guarantee you can play the game in the future. Often games have to be authenticated on install, and if that authenticating server is no longer online, you can’t play the game–even if you have all the files required to play it.
Europe had a whole “Stop Killing Games” initiative that would require companies to unlock games they are no longer supporting, but that mysteriously vanished from the legislative docket after meetings with game companies that organizers weren’t invited to.
Stay mad, but you need to be mad at the right things.
Kind of funny how Nintendo was here before any of this was a problem and they’ll be here after it’s all done. You put that cartridge into your console, and you can play it. It may be version 1.0, but you can play it. And every single physical Switch game that requires a download, must state so on the front of the box, so you can avoid buying them. It’ll cost $70 a decade from now, but it’ll run after you pay it lol
Because NES locked it down at propertiary carts and still do…
That drastically increases the cost of Ninetendo games, because Nintendo is the only one legally allowed to make the blank. Even gamecube used tiny discs.
If you wanted to sell a NES game, you had to buy X amount of blank copies from Nintendo, then pay Nintendo to put the code on the blank, then pay Nintendo a licensing cut to sell…
Like, it’s not like Nintendo had consumers best interest at heart, they just nickle and dime developers at every step, which is why Nintendo versions costs more.
Oh yeah, I never said they had good business practices. We’re well aware of that. But, at this point, holy fuck. All they have to do is exist while Sony and Microslop repeatedly blast themselves in the balls. Luigi wins by doing absolutely nothing.
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https://www.nintendo.com/en-gb/Hardware/Nintendo-Switch-2/Nintendo-Switch-2-Game-Key-Cards-2785635.html
I will say at least with those you can still sell them, trade them, whatever. Unlike digital games.
The difference is more that they’ll be useless in 25 years or whenever Nintendo pulls the plug on the download servers.
Being able to sell/trade a specific copy of digital media kind of is the one functional use NFTs could be used for (if companies would be willing to treat digital media to be treated like physical media which they obviously like the current setup). Would also kind of need a universal industry blockchain (or some other ledger system) with better scam protections, and be used for the “new” sales for the trades and “used” sales. Which is way more effort than digital media companies would ever care to figure out (especially now) and were able to get away with not being required to treat digital like physical. And the major players don’t have to care about making their stuff DRM-free.
In the case of video media it is worse since there are so many set-top devices that don’t allow offline downloads like the mobile versions of the same apps (mostly since the boxes don’t have storage for it) or ability to use on a home media server (Plex/Jellyfin). So you may have a license to a movie/show but not have access to it if networks are down. And digital audio media has been reverting since a lot of new music can’t be purchased and only streamed. Which is sad since I had some early hope that the digital video stuff would follow how audio was working with a lot of DRM-free options Apple and Amazon managed to “legitimize”. I will give some level of credit to the UV/Movies Anywhere system that allows retaining a supported movie/show if you have accounts on multiple services and any one of them shuts down. But that still requires that stores/studios support it, AND that the core system isn’t the thing shutdown.
Yeah, like I said,
Nintendo is pushing for digital very aggressively in their marketing to gear people towards digital only.
Give them a generation or two more and you’ll have them doing the same shit Sony is doing now.
All the switch 2 physical games are empty, the games are all digitally downloaded
This is not true at all. Where… did you even hear this? Kind of reminds me of the nonsense that was being parroted a year ago.
This. Is. A. FUCKING. Lie.
If I buy and own a physical copy of a book. I am not then entitled to set up a printing press and sell my own word-for-word copies of said book. Same applies to ownership of digital goods.
If I go to GOG and buy a DRM free game (aka I would then own that copy) I still wouldn’t have the legal right to distribute copies to other people.
That’s because copyright laws exist, and they apply to both situations I described. Shame on you for mindlessly repeating industry lies.
Never ever owned software. Even physical disks has something like buying this gives you a license to use this software. Great examples is movies. It gave you a license for private viewing only. Showing a movie you had a copy if to a group of people technically broke that.
You’re an idiot. You didn’t address anything I said
I think a lot of the issue is when companies no longer respect their customers and abuse the fact that software is licensed to rip that license away from customers. Valve has the exact same agreement but (most) people don’t have an issue with it because they’re much better at ensuring you have access to the games you’ve bought for as long as possible.
A lot of it is widely outside of PlayStation or Valves hands…
The puclishers have the same deal with them, and developers have the same deal with the publishers.
If that wasn’t there at every link of the chain, then that next person no longer has to pay anyone earlier in the chain.
We kind of see the same with in-game music. That has to be licensed from the owner of the master, and possibly a couple more people. They don’t like doing licences in perpetuity out of principle. If the Beatles let a game use a song and that game eventually sells for 10¢ or free, then that’s a loss sale even 30 years from now in the way licensing works. So after 5-10 years, songs disappear.
Or like how it took Kevin Smith forever to get actual ownership of the movie Dogma due to Weinstein being involved and everyone else just wanting to bury what he’d touched.
EULA’s and ownership is a lot deeper than software. Like, you can sell a used game of monopoly, but buying a copy doesn’t mean you can make you’re own and sell, the physical material is just associated with the license for the intellectual property.
Like ship of thesus shit, if you start with a legit paid game of Monopoly, replace every single piece over 20 years, you can still sell it as a “used Monopoly game” because at some point you bought the license. If you made every piece the same way and then sold it, that’s not legal
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