If not, should we change the law?
Sadly the case was settled, see: https://news.bloomberglaw.com/litigation/apple-settles-alleg...
If buying isn't owning, then piracy isn't stealing.
The problem isn't it being illegal.
But they instead bank on most people not having the means (money/time) or will to sue them over this. Especially given that the actual "damages" you can effectively sue for often relatively small for most users (likely <15€ per movie, so for most account <100€ per person "per situation where you could sue").
And if there is an exception (someones losing hundreds of movies or class action law suite) settling is likely still cheaper for Sony.
This is the problem with many laws the cost of breaching them is often too small (but only IFF you are a huge company with their own lawyer department etc.).
If management would be personally liable with _mandatory prison sentences_ for the CEO/Company Owners if it seems the law was knowingly breached because penalties are cheaper then benefits (or repeated offenses etc.) things probably would look quite different.
Other approaches to counter this includes things like penalties of base+%of yearly revenue, %yearly Profite etc. The problem here is this approaches are often a mix of unfair (e.g. same revenue with large profit margin is penalized way less) and/or can be fudged/circumvented (e.g. if based on profit, but even if based on revenue it can be partially circumvented in some situations. So I think making executive personally liable might be the only way to fix this.
Inevitably people will ask what that means. That will lead to a FAQ on the company's site somewhere, and various videos on the social media explaining it periodically with lots of comments. That will be a good thing.
Corporate marketing teams will eventually settle on something better sounding but technically legal, something like "Premier Anytime Access" for specific movies (versus "Bronze 24-hr Access"), or similar.
It's the same as if someone sold you a toaster with a remote self-destruct feature, and then invoked the self-destruct. They owe you a new toaster.
It's never been legal to copy a book, film, or music album and sell the copies, for example, because the licence doesn't allow it. Hence freeware, shareware, and copyleft licences.
https://retailwire.com/t-mobile-att-verizon-fined-10-2m-for-...
https://arstechnica.com/tech-policy/2024/07/lawsuit-t-mobile...
At the very least, if Sony yanks your purchase, they should merely refund it in full.
This is a one-time cost and you just don't know when they're going to snatch it back from you. They won't tell you. They won't even give you a notice period. They don't know themselves. They only find out when the licensor they're sublicensing from demands "too much" for ongoing licensing and they just give up and pretend they didn't sell you that and take your money.
The button would have to be "Licence, subject to unilateral revocation at any time."
If you wouldn't do that for Walmart, why would you do it for Sony?
I propose, let's see..
Definitely Isn’t Legal Doctrine, Obviously
or.. Based Only On Basic Speculation
perhaps Consult Official Counsel, Kindly
or more succinct, This Isn’t Trained Solicitor Advice
https://news.ycombinator.com/item?id=48747389 - "Sony Deletes 551 Movies PlayStation Owners Paid For" (reclaimthenet.org)
636 points | 15 days ago | 304 comments
https://news.ycombinator.com/item?id=48730904 - "Sony erases digital content from libraries" (arstechnica.com)
184 points | 16 days ago | 76 comments
Unless I missed something recently, it's not illegal. You've always had the right to make backups of content that you purchased legally. It's the distribution that has been illegal.
Is the age of the console finally coming to an end?
Sony Deletes 551 Movies PlayStation Owners Paid For (294 comments) https://news.ycombinator.com/item?id=48747389
Sony erases digital content from libraries (74 comments) https://news.ycombinator.com/item?id=48730904
They don't even offer refunds.
As an indication of where things are going on this front, from the same publisher: Sony announced that games are not going to get distributed as physical copies anymore. So no new video games to be borrowed from public libraries, and even if you can borrow older games the new Playstations probably won't even have a disk tray to read them.
Whatever your stance on video games being something that is worth having in a library is, if they could get away with it that's probably their ideal end game for movies as well.
Guess it will be an upswing of BlueRay movies. Already happening with LPs and CDs
Discs that worked with a player will continue to work, as long as the physical mechanisms are still good.
Technically, maybe, since the player authenticates with the drive, if you updated the firmware on the drive you could lockout the player. I could see windows update potentially helpfully pushing a bd-rom drive firmware update, but it's not happening on a standalone player.
It's not ideal that your existing player might not read new discs, but hopefully you use your discs soon after purchase and you could return them if you can't get a firmware update with a new key. (Of course, I'm guilty of buying discs to watch eventually; will be annoying if my keys were revoked)
boolean bought = true;
boolean owns = false;
if (bought && owns) {
System.out.println("Purchase resulted in ownership.");
} else if (bought) {
System.out.println("Purchase did not result in ownership. You have rented.");So far.
I'm currently listening to a record which was pressed before I was born, and that will outlast me. My CDs were ripped around 2000 to a drive and i've streamed then since. I've still got the CDs though, and the last time I played one it worked fine on my 1989 vintage transport.
I think i'm good.
If they do want to posit it as this, I'd personally be fine if they said "a CD will work for 100k plays before corrupting" so you'll have 100,000 credits to stream The Wizard of Oz before you need to purchase it again.
But they need to say that upfront.
Plastic discs are the optimum data distribution format. They degrade in the same time frame as a paper book, essentially lifetime, you retain legal rights like the first sale doctrine, you can easily format shift for safety and storage, and nobody can take any of that from you ever, and you can use that data however you like, as long as you aren't trying to sell bootlegs.
Books and plastic discs are infinitely better than the digital realm. The consumer rights are so much stronger and better.
The USA really needs to stop being a corporate-country. Weren't the republicans all about the people at one point in time? Now they are all about the billionaires and family dynasties pillaging what they can, with the forerunner the mad orange king pillaging the most. And starting wars he loses by default, after promising to not start wars.
(Personally I would consider DRM okay if Sony's behavior here was illegal without a full refund.)
20 years later will anyone do anything about it? Of course not.
What is going to be the event that gets laws to change? Probably not a few movies viewable only from Sony devices.
Sony's lawyers would argue about how things are, while your defense has to argue about how things should be.
Which way it goes likely depends on how sympathetic the judge is rather than actual arguments being made.
https://www.nintendolife.com/news/2026/06/switch-2s-first-ye...
I can't say I know anyone IRL who has any interest in leaving PlayStation. Nobody buys movies there and people who care about physical games are a minority...there are already Slim models without optical drives and GameStops are mostly Funko Pops because most people buy games online. It's too soon to have actual concrete data besides useless internet sentiment reporting though. And a lot of that is just vague anger about prices for all computing hardware being up...and everything else in the US.
We're also at the ending stages of the PS5 lifecycle, but before a PS6 announcement. (With an unprecedented price increase this late in the cycle.) So there's no buzz about what's next, a large base of people who already have the existing thing, and an expectation that it will cost more.
Meanwhile, the anticipated Grand Theft Auto 6 is on the way, and a PC release isn't on the table anytime soon.
We have this now, every PC has some kind of graphics hardware, and has for many years. Consoles have been riding on their momentum of their brands, but the technical justification for their product category hasn't existed for 15+ years now.
Some console gamers seem to think PC gaming requires hours of fiddling with settings and drivers. I think we've all had that experience on PC (cough Bethesda cough), but I doubt to the degree the console-side would have you believe. Most AAA games will self-optimize their settings to a playable state, and indie games don't tend to demand more than your standard gaming laptop can provide...but I'm sure we've all been burned some 10-odd years ago buying a Steam game that just wouldn't run on your iGPU...that experience sticks around in the brain a while
This has almost never been true. GPUs existed, and were being used, before the N64.
Your comment also begs the question that the console consumer has transitioned to a gaming pc. They haven't. Gaming PC sales (and hardware) are at all-time lows, except for GPUs, which should probably be renamed to Model Training Units.
I would posit that what we're seeing is a reflection of a content problem, not hardware. Video games have gone the way of Hollywood, with sequels and derivatives, and an uninterested consumer base. People would rather watch a YouTube video of someone playing a video game than play a video game.
Gaming PCs also require specialized knowledge, more maintenance, etc etc. Consoles are pick up and go. I very much doubt they're dead yet.
Now we get incremental improvements, cross-generation games, and backwards compatibility. And AAA game development isn't exactly doing well these days.
A console is a far easier thing to defend against cheaters than a PC - absent true hardware vulnerabilities (which become more and more expensive, now that stuff like voltage glitching, clock cutting and whatnot is all known and accounted for), you are basically limited to botted input and AI-assistance based on what can be seen on the screen.
The selling point of consoles is that they’re a software platform, with development incentives, standardized hardware, standardized UI conventions, and a centralized storefront to be able to conveniently and natively play stuff on your TV without fussing about.
Valve has barely started to muscle in on the platform benefits of gaming on a PlayStation or XBox, but the more they start to do so the more they end up making design trade-offs that start to look like another console.
Source? Is that reddit?
It simply doesn't make sense.
PC is even more digital-only than Playstation. No one buys physical games on PC. The only difference is that Valve has been a very good steward over Steam. Theoretically, PC can get as enshittified as PS.
I guess there are other DRM-based purchasing platforms, and there's also DRM free ones like GOG so PC gamers have choice, but those feel niche mostly.
I say this as a primarily pc gamer. It’s not for most people.
I haven't had enough motivation to sit on my couch and game after a long day ..
But the same game, in bed, on my deck was so much nicer..
All I can now say is having a dedicated device, that's not your laptop/computer to play games is definitely a market - be it Steam machine (/custom builds), hand held gaming, or just regular consoles..
The problem is that these are not legally mandated, so they can shut down (as UltraViolet did). If the ability to move the licence to another platform is mandated by law as a condition of continued copyright protection, this problem would largely disappear.
In practical terms, the logistics of many-years-later refunds would be unwieldy at best. Do the purchase records still exist? What if I no longer have that credit card or email address? How can you prove you're the heir of the deceased? What if I now live in a country where the "deletion" status is different? And how could you stop all the scammers who smelled free money?
Alternative: The gov't randomly picks 24 citizens from a pool of applicants who reasonably prove that they were harmed by the deletion. Those 24 are given legal authority to fiat-revoke all copyright protection on a "reasonable and proportional" number of the deleting corporation's currently copyrighted works. Or upstream of them, as "appropriate".
To put it in perspective, I bought Get Him to the Greek on Prime video shortly after it came out.
A month later, the "exclusive broadcast rights" changed, and I was no longer able to access it.
Clearly this law needs to be worded harsher, so the button MUST say "rent" if you are renting.
Retro hardware prices have been going up fairly significantly though, especially for Amiga stuff.
Video cards existed, but 3D accelerators didn't really catch on until the 3dfx Voodoo, which came out about the same time as the N64. Even Quake II which came out a year later still offered software rendering.
> Your comment also begs the question that the console consumer has transitioned to a gaming pc. They haven't.
I'm only a single point of data, but I was a console gamer that transitioned to PC gaming, but that transition happened during the N64/PSX era. It was near the end of the PS2 cycle that I was full PC.
> Gaming PC sales (and hardware) are at all-time lows
Because prices are at all-time highs. I have a monster PC that I probably spent around $6,000 building, but with prices skyrocketing, it'd run me $10,000 to build it today. A few months ago, it would have been $11,000.
> Video games have gone the way of Hollywood, with sequels and derivatives, and an uninterested consumer base.
In the AAA world, this is true. So many gamers that only play Call of Duty, Fortnite, Minecraft, or a sports game. For CoD and the sports games, they reliably buy the latest release every year despite the lack of anything really being different.
But the Indie world is huge and full of innovation. Balatro, Stardew Valley, Disco Elysium, Slay the Spire, Cuphead, I could go on.
> People would rather watch a YouTube video of someone playing a video game than play a video game.
I don't think that's true at all. Maybe for high-level play, or if the streamer has highly entertaining commentary, but otherwise definitely not true.
N64 came out in the USA in September 1996.
3dfx Voodoo was released to consumers in October 1996.
But there might be a generational change coming. Basically the entire cohort of parents in my kids’ kindergarten is much more intentional about what kinds of games they’re playing and how they’re spending their “screen time.” I see a lot more people just giving their kids retro-consoles and emulation rather than setting them loose on the kiddie grooming and dopamine receptor-frying skinner-boxes.
I suppose it’s one of the benefits of having a generation of parents who grew up with formative memories of playing video games themselves combined with a growing awareness of UI dark patterns and their long term impacts on cognitive development and well-being.
Then there’s the convenience. I don’t want to play games where I work. I want to play on my TV. I have no interest in moving my workstation into my living room. Streaming with Moonlight works well enough, but there’s still lag. Even if I wanted to move my PC to the living room, the setup isn’t as nice. The Steam Machine has HDMI CEC and can power on with a controller — all the major consoles have had that for years.
Even if I accepted all that, no one else in my household could play anything while I’m working on my computer.
Things are a little weird now. If I’m going to have to go all digital, Steam Family is by far the best option of those with DRM. But, due to the astronomical cost of components, consoles are still pretty attractive.
Thanks to recent moves by Sony, this is no longer the case!
Sure, it won’t beat a tricked out gaming PC with some $4000 GPU in it, but it will probably be competitive with console gaming. Granted, the PS5 is 5-6 years old by now, but my phone has more power in every measure.
My “dream” everyday device is still a phone that docks with a display, keyboard and mouse, and magically transforms into a desktop OS. On the to mobile apps would allow access to the same data, but touch optimized instead.
It’s similar to comparing Netflix to the Criterion Streaming platform. Technically you’re doing the same thing, sitting on the couch watching a big screen, but the experience being pitched is a totally different one and the target customer doesn’t really overlap.
There was a time when regular families had desktop computers at home. The marketing was intense, the machines were expensive, and the sales numbers were real. The PC was the gateway to all of the spoils of the internet and things were booming.
Now families tend to have a collection expensive personal pocket supercomputers, instead. It's hard to justify the cost of a properly-stodgy computer when everything is online and the machines that everyone already has in their pockets are Good Enough to get things done (including entertainment).
But I can accept that I'm not everyone.
I suspect that we'll have whole generations of people who manage to grow up and grow old and without ever having, or even seeking, the opportunity to spend quality time gaming on PCs.
I think that's alright. Things are allowed to change.
It only mattered that if you sell it you lose it, i.e. you can't buy 1 sell (or gift) 10.
Similarly in analog times this where not unilaterally cancelled licenses. Which are effectively nothing more then time limited licenses where you just don't know how long. (1: un
In law areas outside of copyright this kind of license cancellation terms are often seen as predatory, fraudulent and abusive practices. And _sometimes outright illegal no matter how well you communicated what the license/contract does_ before it was acquired (in some countries).
(1: unilateral cancellable without a brach of license/contract from you side and some other special edge cases to be more precise)
Which is the crux of the problem, not that it isn't attached to physical media, but that it can be cancelled in a mostly despotic manner and you (often) can't make (relevant) backups or similar to protect the availability of the medium either.
The license isn't what takes away your permission to redistribute copies; copyright law does that by default. The license is only reminding you that it's not lifting that default, not granting you that permission.
Copying is neither here or there. There is an understanding that when you buy a book, you own the physical thing.
If I sell you a toaster and then remotely cause it to self-destruct, I owe you a new toaster.
Grandparent referenced "if buying isn't owning then copying isn't stealing". I would say that "if buying isn't owning, then stealing isn't stealing".
If a toaster is offered to sale to the public which the seller can remotely destroy at any time, and not pay anyone a cent, and the law upholds that, then it's morally fine to just walk out of their store with that toaster without paying.
Hence why you don't get tried for theft when you commit digital piracy. Which, as absurd as it might sound, sometimes (/in some cases) would be better to be tried for due to very unbalanced laws.
But also it should be pretty obvious that this isn't what people mean when they say "if buying isn't owning, then piracy isn't stealing" and a intentionally misinterpretation of statements based by nitpicking formulations is neither contributing anything meaningful nor is it appreciated (in most situations).
This is the obvious solution to most problems but of course they're the ones writing the laws so it'd never happen in a trillion years.
Similarly, we should put in a law to force consumers who post bad reviews to prove they actually transacted with the business. If they can't, they have to go to every person who saw the review and personally retract it.
Can't figure out who saw it? Tough. It's up to you to figure out, or else it's illegal and they get 5000 years in prison for every view it got.
- If the license terms include a section on termination, and termination is done in accordance with the license terms, it's fine legally.
- Licenses can be transferable but that doesn't make them non-terminable.
I could be wrong, though.
It's pretty crappy that we got to the point that overly simple actions (like clicking on buttons or breaking stickers on packages) can be considered accepting license terms. Is that really a "meeting of the minds"?
Jokes aside I do agree that streaming doesn’t work reliably for all game genres and client geographies, mostly due to latency
I've never considered that my old 360 was probably sold at a loss, knowing I'd buy LIVE and all the games they take a cut/license fee off of, but that makes complete sense to me
If something runs on a Steam Deck, you can be sure it will run on your >= Steam Deck-equivalent device.
Let me tell you, as someone that repairs a TON of XBox 360s, this comment is very, VERY wrong. The GPU isn't even the same revision between the same batch runs. Did you get Xenos? Zeus? Jupiter? That determined one set of things needed for install/refurbish. Is that a Valhalla motherboard in your hands? That just limited you to a very narrow and specific set of hardware you could utilize.
Oh and performance between all of those models varied WILDLY. Silicon lottery is a fucking JOKE on the XBox 360.
It used to be a selling point of console indeed, however nowadays console are separated by Pro/Non-pro, different revisions and you aren't really guaranteed on how well your game is going to run unless you watch a Youtube let's play of the game you want.
The point of a government in society is for people who give a shit to guide this kind of thing.
If you haven’t been paying attention lately, laws are only as good as they are enforced and it has become obvious that the ruling class is not going to enforce laws against themselves.
The solution here is not something most people are willing to inconvenience themselves over
Then the wind shifted and, suddenly, we could and we did. It took them decades to undo that progress and decades more to reassert their grip.
Don't self-sabotage by imagining that it is impossible to achieve change through democracy. We've done it before and we can do it again.
The laws in this country are primarily written by and for large corporations. They’re not going to meaningfully practically restrain them just because something got passed.
Demos doesn't have capital. People never had power. Whenever they've thought they won ... they just damaged position of someone powerful for someone even more powerful without even knowing it.