Sony May Try To Stop PS3 Game Resales

Next Generation reports on Sony's hopes that it will be able to prevent the resale of PS3 games. The article argues that it is unlikely they'll succeed in this goal. From the article: "One expert in retail law told Next-Gen.Biz, 'Sony can theoretically sell a license to play the game, but the user would have to acknowledge acceptance of the license. You've seen this when you install software on a PC. I'm not sure that the license agreement is enforceable if the licensee doesn't agree to it. Also, even if the agreement is enforceable, it's hard to preclude subsequent sale of the disc. The consumer could theoretically agree that he doesn't own the right to transfer his license, but why couldn't he sell the medium that held the license (the disc)? Sony can't enforce the agreement against a third party, as it lacks privity with the third party.'"

Comments

This will probably come up quite a bit..

[Kjella]

...the socalled first sale doctrine. I think this sums it up: "US copyright case law supports that consumers cannot make copies of computer programs contrary to a license, but may resell what they own. This however is conflicting with both section 117 and 109, and the case law itself is conflicting depending on which circuit the case was heard in."

FUD against Sony

[davFr]

Since a couple of weeks, and especially since E3 show, there are lots of FUD about the PS3 and Sony. I am not a Sony zealot, I don't have any console from them. But honnestly, do you feel like this news is something more than F.U.D. coming Microsoft or Nintendo.
I don't feel like an anonymous guy repeating stuff heard from a UK retailer is something like a trusted source. Sounds more like Microsoft try to kill the PS3 beast before it's awaken...

Re:I lost count

[Theaetetus]

3- announced that they would like to uni-laterally revoke my right to resell items I purchase.

They did? When?

(hint: never. This is an anonymously-sourced story, which Sony denied the first time it came up... two years ago)

The original article

[sesshomaru]

The Next Gen article tearing the Sony game "protection" article to pieces is all very well and good, but here's the original article for those who would like to read it for themselves:

Sony to make it illegal to sell second hand PS3 games

Here's a quote from the end of the article:

Will Sony use their patent? Will Sony make it illegal to re-sell PS3 games?

At the moment no-one really knows, but lets hope not.

Sony have yet to comment on the rumours that they will make it illegal to re-sell PS3 games.