Sony asserts that reasonable consumers understand digital games are licensed, not owned

As PlayStation prepares for an all-digital future in January 2028, Sony remains unapologetic about the implications for game ownership. The company told a California court that no “reasonable” consumer would mistakenly believe that buying a game digitally equates to actual ownership.

Despite using language like “purchase” and “buy” on the PlayStation Store, buyers are merely acquiring a revocable license to play the title. This reality is the focal point of a class-action lawsuit filed in June, which alleges Sony fails to adequately clarify the nature of these transactions.

The lawsuit contends that Sony uses phrasing implying ownership and neglects to “clearly and conspicuously disclose” at the point of sale that digital transactions do not convey game ownership. Instead, plaintiffs argue, Sony relegates this crucial information to disclaimers or separate agreements that consumers are not required to acknowledge before completing their purchase.

Filed on June 18, the lawsuit claims Sony is violating California law through insufficient disclosures—a charge the company disputed in its August 21 response. As reported by The Game File, Sony’s argument rests on the inherent differences between digital and physical media; because multiple users can purchase the same digital copy, true ownership is impossible, unlike with a physical disc.

“As plaintiffs admit, Section 1 of the SPLA states that ‘the Software is licensed to you, not sold,’ Sony wrote in its filing. ‘This is logical. In the digital age, it is not plausible to claim that reasonable consumers believed they were obtaining ownership of a digital game […] Were that the case, Plaintiff Edward Heycock would not have been able to purchase Resident Evil Requiem on February 25, 2026, for $69.99 from the PlayStation Store after Plaintiff Jason Mendoza obtained the same game on February 14, 2026, because Mr. Mendoza, rather than Sony, would have owned it.'”

While the court’s final ruling remains uncertain, Sony recently emailed its customers to remind them that digital games are licensed rather than sold. The company also reaffirmed its commitment to ceasing physical game production by 2028, despite significant public backlash.

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