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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.'"

25 of 423 comments (clear)

  1. I lost count by Roody+Blashes · · Score: 5, Insightful

    How many reasons do I now have to not buy a PS3?

    --
    If you haven't foed me yet, what are you waiting for?
    1. Re:I lost count by narrowhouse · · Score: 5, Insightful

      I am not even a big gamer, but back when it looked like Sony planned on shipping the PS3 with Linux installed, at $399 a pop, I thought I might get one just to have a blu-ray player and a linux machine running on a cell processor. Since then Sony:

      1- installed a root kit on my In-laws machine through a Neil Diamond CD
      2- increased the price dramatically
      3- announced that they would like to uni-laterally revoke my right to resell items I purchase.
      4- generally bone headed their way through every press conference they have had without apologizing directly for any of their bad behavior.

      so I don't have an exact count of reasons, but I know the sum == enough.

      --


      Insert pithy comment here.
    2. Re:I lost count by Theaetetus · · Score: 5, Informative
      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)

    3. Re:I lost count by Just+Some+Guy · · Score: 5, Funny
      1- installed a root kit on my In-laws machine through a Neil Diamond CD

      The rootkit I can tolerate; we all have the occasional judgment lapse, right? But making your in-laws buy Neil Diamond... that, well, some things you just can't condone.

      --
      Dewey, what part of this looks like authorities should be involved?
    4. Re:I lost count by krotkruton · · Score: 4, Funny

      Wow do I agree. I got over the high price and have been trying to look past the rootkit fiasco since Sony-BMG is *technically* a different part of Sony, but this move is just taking things too far. All that's left is to station Sony employee's in every store that sells a PS3 so they can kick you in the ass after you purchase one.

    5. Re:I lost count by Golias · · Score: 4, Funny

      Hey, go easy. If I bought a Neil Diamond CD, I wouldn't want to admit it either.

      --

      Information wants to be anthropomorphized.

    6. Re:I lost count by mrscorpio · · Score: 4, Insightful

      You mean like the precidents allowing people to make copies of stuff they legally own (e.g. DVD to VHS)?

    7. Re:I lost count by Fulcrum+of+Evil · · Score: 4, Insightful

      Do not purchase second hand products (I prefer the artist, producers and manufacturers to be paid for my purchases)

      Um, why? It isn't like secondhand goods are black market - Sony already got paid the first time, and trading used goods is a good way to save money. Why are you so intent in giving Sony your money?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    8. Re:I lost count by senatorpjt · · Score: 4, Insightful

      Sony, you're thinking of Sony-BMG

      Isn't that kind of like saying "I didn't kill the guy. It was the bullet's fault."

  2. Sony's funny like that. by WhatAmIDoingHere · · Score: 4, Funny

    Sony seems to think that we're LUCKY to get games for their overpriced console. With their statements about how people would buy it even with no games, and now this garbage?

    Sony thinks they're too good for us.

    --
    Not a Twitter sockpuppet... but I wish I was.
  3. Another for the rumor bin... by blanktek · · Score: 5, Insightful

    "According to a UK news source" the article claims. This is fit for the tabloids. I guess thats why its posted by Zonk.

    1. Re:Another for the rumor bin... by freshman_a · · Score: 5, Funny

      Warning: common sense detected - Please report to the nearest Anti-Sony bandwagon and jump on immediately!

      Who cares that it's "UK news sources, citing retail contacts" with no actual proof and an already previous denial by Sony? http://www.ps3focus.com/archives/159

      Hating Microsoft is so last year. We hate Sony now and all references to them are now spelled "$ony". Didn't you get the memo?

    2. Re:Another for the rumor bin... by thatguywhoiam · · Score: 5, Funny
      Hating Microsoft is so last year. We hate Sony now and all references to them are now spelled "$ony". Didn't you get the memo?

      I'd like to get ahead of the hate-curve now and say:

      Wiiii Hate Nintendo. Curse you, $atoru Iwata!

      --
      If Jesus wants me it knows where to find me.
  4. This will probably come up quite a bit.. by Kjella · · Score: 4, Informative

    ...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."

    --
    Live today, because you never know what tomorrow brings
  5. Oh Sony... I pity you... by creepynut · · Score: 5, Insightful

    Ka-BLAM. - The sound of Sony falling to dust.

    Really, truly, why would Sony do this?

    I mean, I heard rumours of something similar a while back. They were going to try and make a disc you buy to only be able to play on a single system. No more copying, no more renting, no more lending.

    Hell, what happens to me when my PS3 goes the same way as my PS2 and I need to get a new one? Better yet, what happens when they release a new slimmer version and suddenly I'm not able to play anymore?

    Mind you, this may not be the case with this new system of theirs, but why kill the second hand market like this? I can't remember the last time I bought a game brand new. Game Boy Advance and Game Cube both, nearly all my games are second hand copies. Why? Because not only are they cheaper, but because it's sometimes harder to find games new after they're released. Especially the rare gems.

    On top of the fact that used games would be near impossible, what will they do for rentals? I'm certainly not going to go fork out $80 (CDN) for a new game that I've never tried. I want to go out and rent it, and if it is worth it, sure I'll pick up copy. "Greatest Hits" games hardly count, because they are simply cheaper because they've been out longer, and a few people liked them.

    If they do this, they'll be shooting themselves in the foot. There won't be a PS3 in my place (mind you, the PS2 belongs to the finacee), and I guarantee there won't be one in many of the living rooms I know of.

  6. could it be true? by L-Train8 · · Score: 4, Insightful

    The evidence for this is an unamed "UK news source, citing retail contacts." And a Sony patent on "technology which would tie a piece of software to an individual piece of hardware." Also, Sony isn't commenting on this story.

    But the article also points out how technological enforcement would be difficult, and how such a move would completely piss off both retailers and consumers.

    I can't see Sony actually doing this, I really don't think it makes a lot of business sense. But then, I never thought they would charge $600 for a PS3.

    --

    Don't forget that Friday is Hawaiian shirt day.
  7. Conversation among Sony execs by Anonymous Coward · · Score: 5, Funny

    Exec 1: This foot shotgun isn't letting us shoot ourselves in the feet thoroughly enough!
    Exec 2: Prepare...the foot cannon!

  8. Story based on nothing. by Anonymous Coward · · Score: 5, Insightful
    This is just another stupid baseless rumor. The story is printed with no source and no evidence. The story is just another variation on a year-old rumor that Sony has already directly denied. The "Sony has a patent on such a technology" in the story fails to mention the patent in question was originally filed in the Playstation 1 era. Go and look up the original patent-- it talks about CD-ROMs.

    But, hey, the new rules of gaming media are
    1. Is it about Sony?
    2. Does it make Sony look bad?
    If so, then there is no step 3. The rumor must be right, and it's getting printed on Slashdot.
  9. Re:Video games... by chrismcdirty · · Score: 4, Funny

    So they make people American and Anti-American at the same time? Is it some sort of logical paradox designed to explode people's heads?

    --
    It's like sex, except I'm having it!
  10. Easy workaround? by Bastian · · Score: 5, Insightful

    So all I have to do to get around this is let the neighbor kid (who is too young to enter into any sort of legally binding contract) play all of my games first, right?

  11. More FUD from the anti-Sony cabal by SuperKendall · · Score: 5, Insightful

    Very clever hiding the truth behind two layers of news stories - the original story is about how industry experts doubt this claim (which comes from an unnamed UK source) is true! So why the anti-Sony spin when the original story is about how people think there's no way Sony would do this and they've not even said they would?

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  12. Dear Sony: by msmercenary · · Score: 5, Funny

    Dear Sony:

    You need to stop pulling the trigger on that gun pointed at your foot. You've burned through the entire magazine, and it's time to reload.

  13. Online games... by OneFix+at+Work · · Score: 4, Insightful

    That's why companies like the idea of online games. You are pretty much stuck with the game, since they generally aren't easily transferable...not only that, but quite a few games come with free play time (3 months free, etc)...this makes resale of these games less profitable...

  14. How to Make Your Company The Most Hated by exp(pi*sqrt(163)) · · Score: 5, Insightful

    Sony are acting like a company that own the market and can dictate whatever terms they want. Remind me, which Sony products are so awesome that I have to buy them and submit to these terms? It's not the their games consoles (portable or not I prefer Nintendo), or their TVs (Samsung make better) or their stereos (who'd buy a Sony?), or their portable audio players (I love my iPod), or their cameras (Canon for me), or their laptops (Apple again), or their memory sticks (I tend to use SD cards), or their crippl(ed|ing) audio CDs (somehow they don't seem to publish music I like), or even their headphones (I'm happy with my Sennheisers).

    --
    Doesn't it make you feel good to know that our freedoms are protected by politicans, lawyers and journalists.
  15. CmdrTaco by Trogre · · Score: 4, Funny

    Why is Zonk allowed to post here again?

    Does every new site need a FUD officer these days?

    --
    "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife