With the end of physical PlayStation games looming, the need for clear digital ownership rights is more pressing than ever. For its part, Sony believes your rights are very clear: you do not own your digital games, and it’s unlikely you’re stupid enough to believe otherwise. At least, that’s roughly the argument the company’s lawyers are presenting in response to a proposed class-action lawsuit.
Sony argues that its current customer-facing disclosures ensure that “reasonable consumers would not be misled” into believing they actually own their digital games. That’s according to a Game File report (paid article link) citing an August 21 filing Sony’s lawyers made in California’s Northern District.
The publisher is responding to a proposed class action lawsuit, which alleges that Sony is violating a California law that requires digital stores to clearly explain that customers are purchasing licenses rather than actual products when they buy digital goods. The law requires a “clear and conspicuous” warning about the nature of the purchase.
Sony’s terms of service and software product licensing agreement (SPLA) both clearly lay out that you “do not own the product” and “it is not sold for you to own.” But those are statements buried deep within lengthy documents, so the idea that they meet that “clear and conspicuous” requirement is fairly suspect.
But from here, Sony’s argument gets quite a bit weirder. “As Plaintiffs admit, Section 1 of the SPLA likewise explains that ‘The Software is licensed to you, not sold,'” the filing says. “This makes sense. In the digital age, it is not plausible to allege that reasonable consumers believed they were obtaining ‘ownership’ of a digital game.”
In other words, Sony’s lawyers are arguing that if you truly own your digital games, only one copy of GTA 6 could ever be sold. “Were that the case, then Plaintiff Edward Heycock would not have been able to obtain the game Resident Evil Requiem on February 25, 2026 for $69.99 from the PlayStation Store after Plaintiff Jason Mendoza had obtained Resident Evil Requiem on February 14, 2026, because Mr. Mendoza, not Sony, would have owned it then,” the filing says.
Notably, these arguments were filed just before PlayStation sent out email reminders to its customers reminding them that they don’t own anything. Clearly, Sony wants to make its position on this matter clear.
Sony’s terms of service also specifically bars users from taking part in class action lawsuits against the company, with disputes instead resolved by private arbitration – a process which tends to be preferable for big companies. But it’s ultimately for a judge to decide whether that arbitration clause is actually binding. These arguments are part of an effort from Sony to ensure the case goes to arbitration – whether the judge agrees remains to be seen.