In the wake of the DDoS attack on countless companies (Blizzard, Riot, Microsoft, Sony, Brazzers etc) an odd issue prevented PS4 players from accessing even their purchased Single Player games. The issue centered around the "license" function for digital purchases. This greatly concerend me so I took it upon myself to do some research on these "digital licenses." To those unacquainted with the term this is how it is explained by Sony themselves with the emphasis in bold by yours truly:
Source = http://us.playstation.com/softwarelicense/
So, the main take away I got from this wall o' text is that according to Sony we have no purchase rights to any software we buy for the system. Instead we are "licensors" who have no rights of ownership for said software. Now for the legal difference between a license and a purchase
Source
So Licensing games means companies are free to bypass most any laws in regard to personal ownership most notably the "right of first sale." This also applies to the idea of mandatory license renewals which prevent access to software without confirming the purchase is still valid via an online connection. As such it becomes legal for companies such as Sony or Microsoft to disable purchased software based on the idea of an active subscription (like PS+) whether or not it was stipulated as such when first purchased. Couple this with the phrase
and we are confronted with he very real prospect of losing access to our purchased games at the whim of these companies and our connection to their authorization servers and before you go and say "well that's why I buy retail" read the agreement closely. The only difference in stipulation mentioned for physical purchased copies is in reference to a 90-day warranty of sorts and it is still referred to as a license in said stipulation
Thus buying retail does not exempt you from this software as a license agreement.
So GAF, my question is: does this treatment of games as a license instead of a purchased product scare you as much as it does me? Does the thought of losing access to your content at the behest or whim of a "licensor" bother you? Why or why not? What does this mean for the future of our beloved hobby?
Adding to the op for the sake of clarity:
If you are in the North America, South America or Central America, all games and other software made available for use with your PS4 system are licensed to you, not sold, pursuant to the Software Product License Agreement which can be found at http://us.playstation.com/softwarelicense.
BY PURCHASING, DOWNLOADING OR USING THE SOFTWARE PRODUCT (“SOFTWARE”, YOU AGREE TO THE TERMS OF THIS SOFTWARE PRODUCT LICENSE AGREEMENT (“AGREEMENT”
Please read this entire Agreement, which governs your use of the Software. This Agreement is between the publisher of the Software ("Licensor") and you. The identity of Licensor can be found on the packaging for physical products (e.g., the Blu-ray game disc box) or on the online store page for downloadable products (e.g., PlayStation®Store game page). This Agreement applies to you unless you and Licensor enter into a separate, valid license agreement, in which case the terms of that separate license agreement will govern.
If Licensor is Sony Computer Entertainment America LLC (“SCEA”
NOTE: IF YOU ARE A UNITED STATES RESIDENT OR A RESIDENT OF A COUNTRY IN NORTH, CENTRAL OR SOUTH AMERICA, TO THE FULLEST EXTENT PERMITTED BY LAW, THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN SECTION 9 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO ANY "DISPUTE" (AS DEFINED IN SECTION 9) BETWEEN YOU AND A "SONY ENTITY" (AS DEFINED IN SECTION 9). YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN SECTION 9.
- GRANT OF LICENSE. The Software is licensed to you, not sold. Upon installation of the Software, Licensor grants to you a limited, non-exclusive license to use the Software for personal use on your PlayStation® system (e.g., PlayStation®4 system, PlayStation®3 system, PlayStation®Vita system, PSP® (PlayStation®Portable) system and all other current and future PlayStation® systems). For PlayStation4 Software only, Licensor also grants to you a limited, non-exclusive license to use the share button to replicate or stream the Software’s audio and video output to third-party services supported by the PlayStation4 system where the Software permits use of the Share button and where Licensor has the rights to permit you to record, edit and share the Software’s content. This limited, non-exclusive license includes recording portions of the Software’s content to the PlayStation®4 system and to use that system’s tools to edit those recordings. Any rights in the Software not explicitly granted to you in this license are reserved by Licensor, including rights to all intellectual property contained in the Software. This license does not include the right to, and you agree not to (a) rent, lease or sublicense the Software or make it available on a network to other users; (b) modify, adapt, translate, reverse engineer, decompile or disassemble the Software; (c) create derivative works from the Software; or (d) copy, publicly perform or broadcast the Software in an unauthorized manner.
- UPDATES AND ONLINE SERVER SUPPORT. This Agreement will apply to all Software updates. Licensor may, by automatic update or otherwise, modify the Software at any time for any reason. If the Software uses online servers, Licensor makes no commitment to continue to make those servers available.
- INTERNET CONNECTION. Some Software features may require an internet connection, which you must provide at your expense. You are responsible for all costs and fees charged by your internet service provider related to the download and use of the Software.
WARRANTY/DISCLAIMER/LIABILITY LIMITATIONS. EXCEPT AS PROVIDED HEREIN, THE SOFTWARE AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND, TO THE MAXIMUM EXTENT ALLOWABLE UNDER LAW, LICENSOR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LICENSOR DOES NOT WARRANT THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SOFTWARE WILL BE COMPATIBLE WITH ANY OTHER PRODUCT, OR THAT THE SOFTWARE WILL WORK PROPERLY ON ALL DEVICES. LICENSOR MAY, AT ITS SOLE DISCRETION, DISCONTINUE SUPPORTING THE SOFTWARE AT ANY TIME, AND LICENSOR HAS NO LIABILITY FOR SUCH DISCONTINUANCE. LICENSOR WILL NOT BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS, LOSS OF DATA OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL LICENSOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID FOR THE SOFTWARE. IF LICENSOR IS SCEA AND THE SOFTWARE IS PURCHASED AS PHYSICAL MEDIA (E.G., BLU-RAY DISC OR MEMORY CARD), SCEA WARRANTS TO THE ORIGINAL PURCHASER OF THE PHYSICAL MEDIA THAT THE SOFTWARE IS FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD OF 90 DAYS FROM THE ORIGINAL DATE OF PURCHASE. SCEA AGREES FOR A PERIOD OF 90 DAYS TO EITHER REPAIR OR REPLACE, AT ITS OPTION, THE SCEA SOFTWARE. PLEASE CONTACT SCEA CUSTOMER SUPPORT AS SET FORTH IN SECTION 7 BELOW TO RECEIVE INSTRUCTIONS TO OBTAIN THE REPAIR OR REPLACEMENT. THIS WARRANTY SHALL NOT BE APPLICABLE AND SHALL BE VOID IF THE DEFECT IN THE SCEA SOFTWARE HAS ARISEN THROUGH ABUSE, UNREASONABLE USE, MISTREATMENT OR NEGLECT. SOME JURISDICTIONS DO NOT ALLOW FOR CERTAIN LIMITATIONS OF LIABILITIES OR WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- MISCELLANEOUS. This Agreement shall be construed and interpreted in accordance with the laws of the State of California applying to contracts fully executed and performed within the State of California. If the binding arbitration terms of Section 6 do not apply or are not enforceable on any Dispute, both parties submit to personal jurisdiction in California and further agree that such Dispute shall be brought in a court within San Mateo County, California. If any provision of this Agreement shall be held invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this Agreement shall not be affected thereby. This Agreement constitutes the entire agreement between the parties related to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties, all of which are merged herein. Sections 4, 5 and 6 survive the termination of this Agreement.
IF LICENSOR IS SCEA, SECTIONS 6 AND 7 APPLY.
Source = http://us.playstation.com/softwarelicense/
So, the main take away I got from this wall o' text is that according to Sony we have no purchase rights to any software we buy for the system. Instead we are "licensors" who have no rights of ownership for said software. Now for the legal difference between a license and a purchase
Source
So Licensing games means companies are free to bypass most any laws in regard to personal ownership most notably the "right of first sale." This also applies to the idea of mandatory license renewals which prevent access to software without confirming the purchase is still valid via an online connection. As such it becomes legal for companies such as Sony or Microsoft to disable purchased software based on the idea of an active subscription (like PS+) whether or not it was stipulated as such when first purchased. Couple this with the phrase
and we are confronted with he very real prospect of losing access to our purchased games at the whim of these companies and our connection to their authorization servers and before you go and say "well that's why I buy retail" read the agreement closely. The only difference in stipulation mentioned for physical purchased copies is in reference to a 90-day warranty of sorts and it is still referred to as a license in said stipulation
Thus buying retail does not exempt you from this software as a license agreement.
So GAF, my question is: does this treatment of games as a license instead of a purchased product scare you as much as it does me? Does the thought of losing access to your content at the behest or whim of a "licensor" bother you? Why or why not? What does this mean for the future of our beloved hobby?
Adding to the op for the sake of clarity:
