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PS3 to Block Used Games?

by Chris Remo, May 24, 2006 3:27pm PDT
Related Topics – Sony, Games: PC, Used Games

Rumors have been spreading today that the software licensing scheme Sony will be using with its upcoming PlayStation 3 will make it illegal for consumers to buy and sell used PS3 games. GamesRadar claims that it has received the news straight from retailers, who state that Sony said "there will be no PS3 pre-owned sections in their stores." The wording of the article suggests that this is not a technical limitation but rather an illegal one that would be enforced mainly on the retail side of things. Realistically, Sony would have to provide retailers with significant incentive for such a move, as current game retailers derive far more profits from used games than from new games.

It seems that Sony is planning to adopt a licensing system that will mean gamers won't own the PS3 titles that they've paid money for. Instead, they will only be purchasing the licence to play the game and that the software itself will still be Sony property - meaning that the disc won't be the customer's to sell.

We assume that the thinking behind this move will ultimately be to stop PS3 games being resold several times - which currently snatches potential sales away from Sony - and to counter the impression in consumers' minds that games are only really worth their pre-owned price and are not worth buying new.

The scheme is similar to that used in much current software, though it has not traditionally been strongly enforced when it comes to used sales through retail. Bear in mind that the GamesRadar story is not sourced and should be taken with a great deal of salt. Unsurprisingly, Sony has not officially commented on this current rumor. However, last year, a similar rumor surfaced. In November, reports emerged that PlayStation 3 would physically disallow usage of previously owned games, as opposed to the current rumors that used game sales will simply be legally prohibited. Those previous rumors were flatly denied by a Sony representative, who said, "I would like to clarify that this is false speculation and that PlayStation 3 software will not be copy protected to a single machine but will be playable on any PlayStation 3 console." There are a few possibilities as to these related reports. They could in fact be describing the same policy, with Sony denying that there is any technical limitation in place but not commenting on legal restrictions. They could be completely unrelated, giving no indication one way or the other as to the veracity of this new one. They could also both be completely incorrect and founded on the same original misguided information.


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69 Threads | 222 Comments
  • #99
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    By: the archvile x
    Reply
    It seems that Sony is planning to adopt a licensing system that will mean gamers won't own the PS3 titles that they've paid money for. Instead, they will only be purchasing the licence to play the game and that the software itself will still be Sony property - meaning that the disc won't be the customer's to sell.

    This is how all game end-user license agreements are. You are given a license to install and play the game (hopefully every game EULA has this clause; otherwise, what would be the point of releasing it?), and perhaps performing other actions, such as connecting to systems owned by the publisher (or its contracted agent(s))for the purpose of playing online, connecting to systems not owned by the publisher or its contracted agent(s), creating or distributing mods, backing up the game install data, and so on.

    Example: Quake 2 EULA:

    Subject to the terms and conditions of this Agreement, ID grants to you the non-exclusive and limited right to use the software game program entitled QUAKE II in executable or object code form only (the "Software") for recreational purposes only... You are not receiving any ownership or proprietary right, title or interest in or to the Software or the copyright, trademarks, or other rights related thereto. For purposes of this section, "use" means loading the Software into RAM and/or onto computer hard drive, as well as installation of the Software on a hard disk or other storage device.

    Every game EULA has a clause like this, emphasizing that you do not own the code, assets, etc. to the game. In some ways this could be interpreted to mean that you do not own the medium on which the game code is stored.

    Also, some game EULAs explicitly have a "transfer of ownership" clause that says how you can relinquish ownership to another party if you meet certain conditions. There may be a clause expressly forbidding sales, though:

    3. Prohibitions with Regard to Software. You, either directly or in- directly, shall not do any of the following acts:
    ...
    b. sell the Software;

    This is in the Q2 and Q3 EULAs, in almost exactly the same form (the Q3 EULA has "You, whether directly or indirectly", but the other text is the same).

    j. publicly display the Software; or

    Holy crap, that's a lot of lawsuits to file! Of course, it depends on how much the licensor wants to enforce the EULA, and whether certain clauses are even legal in certain states or countries.
    May 24, 2006 5:28pm PDT

    Thread Truncated. Click to see all 3 replies.

  • #216
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    By: pixxelpimp x
    Reply
    Look at how many rumors have sprung to light regarding the PS3, and they're nearly all negative.

    I think that a concerted effort has been undertaken to damage the PS3 brand in the minds of gamers. I assume Microsoft is somehow covertly responsible. Sony's lackluster E3 performance has given many gamers doubt-- and that doubt is easily built upon with rumors (no matter how outlandish or untrue).

    And on top of that, I'm guessing around 1/4 of the rumors were actually released by Sony to gauge the public's reaction. It sucks for them but now is just not a good time to do that-- but its the only time they have left. Sony is fucked.
    May 25, 2006 8:50am PDT
  • #201
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    By: Schnapple x
    Reply
    I think you guys are missing the point - the story is not that Sony is doing something radically new (lots of EULA's forbid resale, license the right not the software, etc.). The story is that Sony is throwing their weight around to retailers in order to stop used game sales for PS3

    Back when Bleem came out with their Dreamcast discs, Sony told GameStop "gee, it would be a damn shame if we gave your competitors more PS2 systems" (PS2 hadn't launched yet). GameStop goes on to not sell Bleemcast (EB called their bluff).

    Now it looks like all retailers are caving.
    May 25, 2006 5:45am PDT
  • #190
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    By: famine101 x
    Reply
    Wow,

    I didn't believe it at first, but I think Sony is seriously fucking themselves over in a big way.

    Regardless of the price, regardless of the late-coming into the scene, regardless of Microsoft and Nintendo luring many developers away, I thought the PS3 would stay on top. It would stay on top simply because of its brand name, and the loyal developers who won't be lured away.

    But I'm starting to think otherwise now. It seems like Sony is trying to alienate everyone. They would be able to push any one of these unfriendly decisions on us if they wanted to, and essentially bully us into accepting it. But all of them? I'm not so sure.
    May 25, 2006 1:22am PDT