Key facts
- Sony argued in a federal court filing that reasonable consumers do not believe they own digital games purchased on the PlayStation Store.
- The company's defense is in response to a proposed class-action lawsuit filed by four California PlayStation customers.
- The lawsuit alleges Sony's checkout process violates California's false advertising law by implying ownership when only a license is granted.
- Sony's filing points to the ability to purchase the same digital game multiple times as evidence that ownership is not expected.
- Sony is seeking to have the dispute resolved through private arbitration, as stipulated in its terms of service.
Sony has asserted in a federal court filing that consumers do not reasonably expect to own the digital games they purchase for their PlayStation consoles. The company's argument, made on August 21, is part of its defense against a proposed class-action lawsuit brought by four California PlayStation customers in June.
The lawsuit alleges that Sony's checkout process, using buttons like "Buy Now" and "Confirm Purchase," violates California's false advertising law, which took effect in January 2025. This law prohibits sellers from using terms that imply unrestricted ownership unless a clear disclosure states the transaction is a license.
Sony contends that its terms of service and software product license agreement, accessible through fine print, already inform customers that they "do not own the product" and that the software is "licensed to you, not sold." To further support its position, Sony cited an instance where one plaintiff, Jason Mendoza, bought "Resident Evil Requiem" on February 14, and another, Edward Heycock, purchased the same game for $69.99 just 11 days later on February 25. Sony's lawyers argued that if the first buyer truly owned the game, the second could not have bought it, making the claim of reasonable consumer belief in ownership implausible.
In addition to its arguments on ownership, Sony is requesting that the judge compel the dispute into private arbitration, citing the terms of service that users agree to, which mandate individual claims settlement through arbitration and include a class action waiver. This move aims to avoid a jury verdict and potential class action.
This legal battle comes as Sony announced on July 1 that it will cease producing physical discs for new PlayStation games starting January 2028, making digital purchases the sole method for acquiring new releases. Reports also suggest Sony Group is planning a dollar-denominated stablecoin for its digital ecosystem.