A California law introduced in 2025 is intended to make digital storefronts clearly explain when customers receive a licence rather than permanent ownership of a game. Sony is now defending a proposed class action lawsuit that alleges the PlayStation maker has not properly disclosed that digital purchases are licences.
In a recent filing, Sony rejected that claim. The company argued that consumers in today’s digital marketplace could not reasonably believe they were buying ownership of a digital game. The filing used Resident Evil Requiem as an example: Edward Heycock purchased the game from the PlayStation Store for $69.99 on February 25, 2026, after Jason Mendoza had bought it on February 14. Sony’s position is that Mendoza’s earlier purchase could not prevent Heycock from obtaining the game because Sony, rather than Mendoza, retained the relevant rights.
As reported by Game File, the dispute centres on California’s demand for a “clear and conspicuous” warning. That notice would need to tell PlayStation customers that access to a digital game may be withdrawn at any time and for any reason.
Terms of service versus a clear warning
The lawsuit maintains that many people buying digital games do not understand they are acquiring access under a licence rather than owning the game outright. Sony’s response is that this distinction is already covered by the platform’s terms of service, even though most customers do not read those conditions in full.
The argument reflects a wider difference between digital storefronts and physical collections. Players who prefer tangible ownership can still compare formats and hardware through RETROCADE’s Arcade Machine Buying Guide or browse the available arcade machines as an alternative way to enjoy games at home.
The case may not reach that question
The court is currently deciding whether the case should proceed to arbitration, so Sony’s ownership argument may not ultimately be tested in a full trial. If the lawsuit continues, one possible outcome could be a change to the wording used in the PlayStation Store, replacing the familiar “Buy” button with language such as “Purchase a digital licence”.
The issue could become even more important following Sony’s announcement that it plans to stop producing new game discs during the PS6 console generation. That would make digital distribution the future of PlayStation game purchases, while a recently timed reminder to European players underlined the continuing uncertainty around what “ownership” means for digital products.
For more coverage of changing game hardware and the wider industry, visit the RETROCADE Arcade Blog. Readers planning a physical gaming setup can also explore DIY arcade kits for a hands-on alternative.
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