Sony Nerfs Videogame Ownership

Legal intern Suzanne Castillo co-authored this post.

Playstation’s decision to kill physical game discs is the latest attack on our diminishing rights to access and engage with culture digitally. Rent-seeking corporations and negligent lawmakers share the blame–and they can do better. 

We’ve seen the same playbook used in the move to digital distribution of  film, TV, and music: draw in customers with the convenience of a digital download, then limit physical access and move the goalpost on what it actually means to “own” a piece of media. The end goal is to turn the customer into a renter, stuck making regular subscription payments for access. Gamers are right to sound the alarm, and we must take this moment to fight for digital ownership before it’s too late.

Disk Space Invaders

Depriving gamers of physical discs leads to another obvious and immediate cost: data.  Unlike other digital media like film and TV, video games require a ton of storage. Access to high speed internet is still abysmal in the US, making the high-speeds needed for digital game downloads a luxury some of us may take for granted. For many, a modern game can take days and exceed their data caps. 

This made physical discs, particularly for the biggest AAA titles, a logical choice that also largely spared gamers from losing traditional ownership rights. With physical disks, the cost of storing the game was included in the purchase.

Own or Be Pwned

Limiting customers to digital copies also pushes gamers further into rent-only copyright culture.

Physical media comes with a "right of first sale," which means you can lawfully share, resell, alter, or destroy your own copy of a copyrighted work. This right has also helped protect the emergence of alternative community servers, and emulator addition of online play to games from the dial up era.

But courts have held that digital media doesn't carry the same right, meaning no such protection is afforded to digital purchases. Your ability to freely share games with friends or pass them on to family members becomes totally subject to the whims of the distributor. 

So, for example, a digital-only approach effectively guts the second-hand market for games. Saving some money with a used game and recouping the costs by reselling are no longer an option. Even with steep discounts and holiday sales, this raises the minimum cost of engaging with the medium at all.

The inevitable conclusion of the move to digital-only purchases is to lock gamers into  subscription models, making their access totally dependent on the distributor— or, several distributors, as we’ve seen with major TV and movie streamers. A handful of companies actually own the games, and your only option is to regularly pay for fractured libraries of games you may never play and will never truly own.

Achievement Locked

Since digital games are easy to copy, distributors and publishers argue that they are in an arms race against piracy. The irony is that law-abiding customers consistently suffer collateral damage. 

Most digital distributors lock down the content they offer with restrictive user agreements and digital rights management (DRM) software. DRM software, in particular, imposes onerous controls on the game — like forcing internet connection for single player games