Gamasutra: The Art & Business of Making Gamesspacer
View All     RSS
August 20, 2014
arrowPress Releases
August 20, 2014
PR Newswire
View All





If you enjoy reading this site, you might also want to check out these UBM Tech sites:


Sony repeats its PS4 used game message
Sony repeats its PS4 used game message
November 12, 2013 | By Mike Rose

November 12, 2013 | By Mike Rose
Comments
    16 comments
More: Console/PC, Business/Marketing



In the wake of reports suggesting that new clauses in Sony's terms and conditions have seen the company backtracking on its previous PlayStation 4 used game message, Sony Worldwide Studios president Shuhei Yoshida has reiterated the original policy.

The company previously said that there will be "no restrictions" on preowned games, meaning that PS4 owners can sell or trade in their purchased retail games after use.

However, an alteration to Sony's Software Usage Terms for the UK this week states, "You must not resell either Disc-based Software or Software Downloads, unless expressly authorised by us and, if the publisher is another company, additionally by the publisher."

Yoshida has now clarified that the clause is just a legality, and nothing about the company's policy that it revealed at E3 earlier this year has changed.

"That's the terms of service on the European side of PSN," he told Gamasutra. "We have no DRM, no new DRM at all. It's just a legal thing. People can sell PS4 disc games like we've been saying publicly... Legal people come up with these things."

A Sony spokesperson also reiterated to Gamasutra, "As SCE announced at E3, consumers will be able to sell or share their PS4 disc products."


Related Jobs

Deep Silver Volition
Deep Silver Volition — Champaign, Illinois, United States
[08.20.14]

Visual Effects Artist
Amazon Game Studios
Amazon Game Studios — Irvine, California, United States
[08.20.14]

Art Director-Double Helix
Yoh
Yoh — Vancouver, British Columbia, Canada
[08.20.14]

Rendering Engineer Job
Yoh
Yoh — Vancouver, British Columbia, Canada
[08.20.14]

Multiplayer Designer Job










Comments


Rodolfo Rosini
profile image
If it's just a legal thing then they should just remove it. Unless it's not "just a legal thing".

K Gadd
profile image
This seems like a particularly dangerous message for a president to be trotting out to the public.

Don't worry about the actual text of our terms of service and EULAs, it's just meaningless nonsense our lawyers wrote and you can ignore it! We actually believe the opposite of what our TOS suggests! Those lawyers just do whatever they want and we're never consulted at all, because we're just executives.

Ardney Carter
profile image
No, this is exactly the message I want to see more from corporations. People already ignore TOS agreements. Anything that discredits their legitimacy is fine by me.

Michael Thornberg
profile image
I believe they refer to making copies, and resell those. But Sony should instruct their legal team to be more specific, or remove that part entirely. Unless he is stating he has no control over his legal team of course :) (Which is it Sony?)

Owen Bennett
profile image
Well, if Yoshida says that, then isn't it "expressly authorised" by Sony?

Arjan Bakker
profile image
Yes, so we're now "expressly authorised" to resell Disc based games published by Sony Computer Entertainment Europe Limited. For Disc based games not published by them, we still need permission from the publisher.

This "legal thing" is against the law in many countries. In fact, in some countries you're also allowed to resell software downloads and consumers should be given means to transfer ownership.

A W
profile image
Every game on the PS 4 is installed as you play. There is no way around it because it is not a choice that consumers can turn off if they don't want it. Because of this there is no way of telling if Sony or a publisher will not at some point install DMR into a game that will render it unplayable on another PS 4 if it is bought used or borrowed. Sony is right in one regard. They are not imposing DRM directly, but they leave it open ended that your games will continue to work if you are not connected to the internet, which will allow Sony or some other third party servers to check installed code on your PS 4 at any time they feel.

All of the big three have this ability, but if it is in the user agreements, expect it to be forced sometime in the near future.

Rob Graeber
profile image
Maybe they mean resell in terms of retail reselling, meaning that it won't be possible to sell new PS4 games without becoming an officially authorized distributor.

Arjan Bakker
profile image
The TOS looks like it's aimed at consumers, but ok, lets assume they mean retail reselling. Section 6.1 states that the licence to use the software is non-transferrable. (oh and you're also not allowed to play EU software in e.g. USA)

Michael Thornberg
profile image
@Arjan Bakker:

That would actually be in direct violation of EU law:

http://www.computerworld.com/s/article/9228762/EU_court_rules_res
ale_of_used_software_licenses_is_legal_even_online

(Before someone says, but that case you refer to is not blablabla... I just picked one reference from Google. Just didn't have time to dig up the actual law in question :) )

Arjan Bakker
profile image
It is specified in 'DIRECTIVE 2009/24/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 April 2009 on the legal protection of computer programs' (specifically L 111/18 Article 4.2)
( http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:1
11:0016:0022:EN:PDF )

"The first sale in the Community of a copy of a program by the rightholder or with his consent shall exhaust the distribution right within the Community of that copy, with the exception of the right to control further rental of the program or a copy thereof."

The press release about that case can be downloaded here:
http://curia.europa.eu/jcms/upload/docs/application/pdf/2012-07/c
p120094en.pdf

Ronildson Palermo
profile image
It's just a legality that will keep them off the hook next time you try to sell your used the game, the buying person gets the short end of the stick and files a legal complaint. That's when the 'legality' will kick you in your teeth.

John Trauger
profile image
It looked to me like Sony just reserved the right to pull the plug on game resales if they decide they don't like where it's headed.

Bob Allen
profile image
As anybody who has bought a car knows, verbal guarantees are worth the paper they are printed on. All Sony has to argue in court is that Shuhei Yoshida was mistaken (or misquoted or mistranslated) or didn't have legal authority to make such a statement and refer the judge to the EULA. Or they could just change their mind and say that "feature" was rescinded (like Linux on the PS3) which they have the right to do (as per the EULA).

Elwood Blues
profile image
Actually, EULAs aren't worth the paper they're not written on. As anybody who has bought a car knows, without an actual signature a contract is meaningless.

Salim Muhammad
profile image
I'm not surprised. Sony had a patent for DRM for God' sake. MS and Sony had very similar plans for this generation. Think I think people are blinded by Sony's recent, and very wise, business practices.


none
 
Comment: