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Sony Argues Digital Games Cannot Be Owned in Court Filing

The company's August 21 response to a California class action came as a separate $7.85 million PlayStation settlement moved ahead.

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Sony Argues Digital Games Cannot Be Owned in Court Filing
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The Ownership Filing

Sony told a California court on August 21 that its disclosures about digital game purchases are clear enough that "reasonable consumers would not be misled" into believing they own the games they pay for on the PlayStation Store.

The filing, made in California's Northern District Court, was Sony's first substantive reply to a proposed class action brought in June by a group of gamers. Aftermath names the plaintiffs as Andrew Garcia, Edward Heycock, Jason Mendoza and John Salinas.

The suit centres on a 2025 California law that requires companies to tell buyers, in a "clear and conspicuous" warning, that "buying" or "purchasing" a digital good is actually a licence. The plaintiffs say Sony's storefront disclosures fall short of that standard.

Sony's Arguments

Game File reports that when someone pays for a digital game on PlayStation, the listing in the shopping cart carries fine print noting the purchase is subject to Sony's PlayStation Terms of Service and its Software Product Licensing Agreement. Both documents are linked before payment.

Sony points to lines in those documents stating that "you can use a product in the ways described in the license, but do not own the product" and that "[t]he Software is licensed to you, not sold." Game File notes that both lines appear hundreds of words into documents that run to thousands of words.

Sony also argues that anyone paying for a digital game inherently understands they cannot own it, because if they did, no one else could have a copy. Aftermath called that reasoning "a simply bonkers argument," noting that buying a car does not imply owning the only car in the world.

Sony's primary aim is to move the case into arbitration rather than court, saying the plaintiffs agreed to that in the store's terms of service. It adds that if the court does reach the merits, the claims should be dismissed with prejudice, and that the plaintiffs allege no harm given they describe themselves as satisfied customers who have spent hundreds of dollars.

The $7.85 Million Voucher Settlement

A separate and unrelated case has reached settlement. CNET reports that Sony will pay $7.85 million in PlayStation Store credit to eligible United States customers in Caccuri v. Sony Interactive Entertainment.

That suit alleged Sony "unlawfully eliminated competition and monopolized the market" for its digital games by discontinuing game-specific vouchers that let owners buy digital titles from other retailers, pushing prices up. Affected games included The Last of Us, the Mass Effect Trilogy and Resident Evil 4.

The case was first settled in 2024 but rejected twice during approval, most recently in July 2025, when the judge said the plan did not provide an estimated recovery range for class members. Sony denies wrongdoing, and the court has not decided whether it broke any laws.

A final approval hearing is scheduled for October 15. Eligible customers are automatically class members and will receive credit in their PlayStation Network wallets after that hearing. Those who have deactivated their accounts can apply by emailing purchase information to info@PSNDigitalGamesSettlement.com.

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