Consumer Rights group tracks 30+ instances of Sony claiming digital game ownership

Last month, Sony argued in legal filings that "reasonable consumers" already understand they do not truly own the digital goods they purchase. The company's legal team maintained that it is not breaking any laws regarding digital ownership because the storefront's small print disclosures—specifically the links to the Terms of Service and Software Product Licensing Agreement shown before payment—prevent users from being misled.

In direct response to these arguments, the Consumer Rights wiki created a "non-exhaustive table of references on Sony's site to 'owning' digital games." The list collects more than 30 examples where Sony has used language suggesting permanent ownership. These include instructions such as, "View a broadcast for a game you own through the game's hub," and "If you own the PS4 and PS5 versions of the same game, here's how to switch between them…"

One of the more recent examples cited in the list comes from the FAQ section of Marvel's Wolverine: "Standard Edition owners can also upgrade to the Digital Deluxe Edition content."

The class action lawsuit alleges that the PlayStation Store is not clear enough about the distinction between purchasing a digital good and owning it. Once a player makes a purchase, they are paying for a digital license that can be revoked at any time, meaning the purchase does not guarantee permanent access to a specific game, DLC, or cosmetic pack.

The claimants argue that Sony is in breach of a California law that makes it unlawful for a seller of a digital good to advertise or offer for sale a digital good with terms like "buy" or "purchase" if a reasonable person would understand those terms to confer an unrestricted ownership interest. The law allows digital vendors to avoid this breach by providing customers with clear information about the licenses they are purchasing. The outcome of the lawsuit remains to be seen over the coming weeks and months.