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California’s new law forces digital stores to admit you’re just licensing content, not buying it

bitbydeath

Member
Many an argument has been held over this topic, now it is law.
The legislation will force digital storefronts to tell customers they’re just getting a license to use the digital media, rather than suggesting they actually own it.
When the law comes into effect next year, it will ban digital storefronts from using terms like “buy” or “purchase,” unless they inform customers that they’re not getting unrestricted access to whatever they’re buying. Storefronts will have to tell customers they’re getting a license that can be revoked as well as provide a list of all the restrictions that come along with it. Companies that break the rule could be fined for false advertising.
The new law won’t apply to stores that offer “permanent offline” downloads and comes as a direct response to companies like PlayStation and Ubisoft. In April, Ubisoft started deleting The Crew from players’ accounts after shutting down servers for the online-only game. And last year, Sony said it would remove purchased Discovery content from users’ PlayStation libraries before walking back the move.
 
For anyone who cares, PSN clearly states you are purchasing a license to use the software which is revocable at anytime. It's in the TOS:

All rights to use the Software are granted by license only, and you are not granted any ownership rights, title, or interests in the Software. SIE and its licensors retain all intellectual property rights in the Software. All use of or access to the Software is subject to this Agreement's terms and applicable intellectual property laws. Except as this Agreement expressly grants, SIE and its licensors reserve all rights in the Software.

So this law doesn't do a whole lot as far as PSN is concerned, Sony is already quite transparent that you don't own shit
 

Cakeboxer

Member
This is sooooooo convenient! We now have confirmation that we own nothing and pc gaming master race says we love it!
Peasants apparently love it too:

Don't expect 2 more gen with discs. I wouldn't even be surprised if the current gen was the last.
 

pqueue

Member
My Playstation 4 and Playstation 5 games seem to work offline without an account.
and they can patch it in to future backwards compatibility and remove that.

hell, they can update your existing OS on PS4 or PS5 to prevent the system from booting older games if they REALLY wanted to. even if you have them as physical media and are running them in offline mode. They could put the patch in as part of a regular, non-game specific update and it would be there waiting until you try launching the game. Digital or media. Online or offline.
 
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You play your brand new PS5 games without having an updated PS5? What firmware are you currently on and what’s the newest game you’re playing? Can you provide screenshots?
Spoken like someone who's obviously never actually put a game disc in a console which is kept offline

Hint: If the game requires a specific firmware version, that firmware is supplied on the disc

PS4 and PS5 can be played completely offline. You don't even need a PSN account if you never connect it to the Internet
 
You play your brand new PS5 games without having an updated PS5? What firmware are you currently on and what’s the newest game you’re playing? Can you provide screenshots?
Why are you bringing the PS5 OS firmware version into the mix here? We are discussing ownership of games, not the version of a consoles firmware you have to run in order to access said games.
 

Killjoy-NL

Gold Member
Honestly? I don't even really care.

Singleplayer games are one-and-done to me, so they can revoke my license after I'm done with the game for all I care.

Multiplayer games are a bit different, I suppose, but it comes down to the same thing.
 

Robb

Gold Member
When the law comes into effect next year, it will ban digital storefronts from using terms like “buy” or “purchase,” unless they inform customers that they’re not getting unrestricted access to whatever they’re buying.
It’s good that stuff is happening on the digital storefront.. front. But as, I assume, all major players have humongous terms of service agreements you sign up to that contain this information I guess this will have zero effect on anything major… Because the customer has been informed (?).

Preferably lawmakers should look at the used games market and work on forcing companies with closed systems to allow for re-selling of digital licenses.
 
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Power Pro

Gold Member
Owning physical discs in 2024 doesn’t mean you own anything either. Not when you need accounts for everything. Ownership has just been an illusion for the last 15+ years.
That's why I mainly buy single player games on Switch. Sure, some games still get patches, but most tell you if download is required, and even if there are patches, most games in my collection are still playable off the cart.
 

Cyberpunkd

Member
That's why I mainly buy single player games on Switch. Sure, some games still get patches, but most tell you if download is required, and even if there are patches, most games in my collection are still playable off the cart.
What will happen if next Nintendo console is not backwards compatible and your Switch dies?
 

Power Pro

Gold Member
What will happen if next Nintendo console is not backwards compatible and your Switch dies?
I've got more than one Switch. If it is, then as long as they keep doing what they've been doing and keep games playable offline, I'm fine.

When shit goes all digital, that's when I stop buying new games, and work on my huge backlog, or buying games on older consoles I don't have.
 
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spons

Member
Good thing there are other storefronts on PC then!
There's not much choice when all games are on Steam. Good luck getting Wukong or whatever DRM-free on GOG.com or itch.io.

If you've already legally purchased it and they suddenly decide to strip you of your rights to be able to play the game then it's fair game.

There's a reason abandonware is a thing.
But it's not. It's illegal to circumvent DRM almost anywhere in the world.
 

pudel

Member
Yes, do something illegal to "own" the game.
Fact of the matter is on consoles and stores like Steam, you don't own shit.
You can play looots of stuff on Steam offline. gog.com is 100% offline anyway. Its up to the companies to make this available. Its not that hard.
 

EDMIX

Writes a lot, says very little
A step in the right direction.

We need a whole set of consumer laws to protect consumer rights regarding digital content.

If i'm spending money on it and its a offline single player game, look...ima need that right to play it. Either make a disc version mandatory or the downloads must be maintained om some server or something.
 
When Sony and Nintendo make the inevitable move to digital-only their games will never leave their hardware and it'll be possible to prevent both jailbreaks and piracy indefinitely.
I've always been a big fan of discs but they're the reason we can't just have neverending PS2 and PS3 consoles.
Looking at the PS2 console sales numbers PS would be better off now if they could've rolled the PS2 into the PS3 and kept both platforms alive as opposed to killing off the PS2.
Each new advance in PS hardware would add to the existing console ecosystem instead of resetting it back to zero.
 
Except on PC there are numerous options to play DRM-free games, if everything fails then pirate it? How is they working out for consoles?
I came here to say the same thing. The difference between console and PC in this dense is that I'll be able to own any of the games I buy regardless of them ever being removed from the platform I purchased on PC. I can move the files to cold storage and crack them if necessary or failing that just download a repack.
 
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Clear

CliffyB's Cock Holster
It's not what? Show me one instance where somebody downloading abandonware has been prosecuted.

I'll wait.

Of course not, they'll go after the (operators of) distribution sites or anyone else profiting from mass spreading material they don't own. Which in turn will force them underground and their "customers" into the hands of less scrupulous individuals.
 

Dr.Morris79

Member
Owning physical discs in 2024 doesn’t mean you own anything either. Not when you need accounts for everything. Ownership has just been an illusion for the last 15+ years.
I think the Switch doesn't need accounts for any physical games, just plug and play.

That's mainly the only physical I buy these days and a few PS5 games here and there.
 

FewRope

Member
If performance and IQ werent so shit in console I would keep buying game in disc form, I cannot tolerate playing a game in 480p upscaled anymore I'm sorry
 

RoadHazard

Gold Member
I think the Switch doesn't need accounts for any physical games, just plug and play.

That's mainly the only physical I buy these days and a few PS5 games here and there.

I don't think you need an account to download game updates on PS5 either. You need an account for the PS Store (where those don't come from), online play, etc.
 

GHG

Member
Of course not, they'll go after the (operators of) distribution sites or anyone else profiting from mass spreading material they don't own. Which in turn will force them underground and their "customers" into the hands of less scrupulous individuals.

Nobody is profiting from abandonware my man.
 

Pejo

Gold Member
I'm reminded when Newsome signed a law to get rid of restaurant junk fees (livable wage fee, convenience fee, employee betterment fee, etc) and the lobbyists came out and it was reversed like a month before it would have been enacted. He got his good guy points and nothing changed in the end. Pardon me while I don't celebrate this too much.

That said, as others have mentioned, protections and clear communications to consumers are good things. There are a lot of problems with digital content and licensing that need to be addressed though. DMCA should be heavily revised (and not just to provide more protections to IP holders), and expectations need to be formalized for what you can expect as far as licensing and access to games you license. Right now it's like the wild west in favor of publishers and platform holders and the consumers have very little choice but to accept whatever happens, legally.
 

Clear

CliffyB's Cock Holster
Nobody is profiting from abandonware my man.

If they are serving ads on their site, then they are profiting. Same deal with BT trackers.

Any ads/logins/user info/in fact any potential monetization based on traffic and there's a legally recognizable profit motive and therefore justification to seek damages.
 
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Killjoy-NL

Gold Member
You are part of the problem, thanks!!!!
You're welcome.

If I buy a game physically, I beat it and just keep it stored inside some box somewhere at home, never to play it again.
It wouldn't make much difference to me to just have a license.

Even less taking into consideration that I just gave away my entire physical collection, from PS1 til PS4, for free, because it was just collection dust.

Not everybody cares about physical games or replaying old games.
 
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GHG

Member
If they are serving ads on their site, then they are profiting. Same deal with BT trackers.

Any ads/logins/user info/in fact any potential monetization based on traffic and there's a legally recognizable profit motive and therefore justification to seek damages.

So you don't know what you're talking about.

The most popular abandonware site/source is archive.org
 
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