Sony Interactive Entertainment is defending itself against lawsuit over its PlayStation Store practices with an unusually direct argument: reasonable consumers already understand that purchasing a digital game does not mean they own the game itself. The argument comes in response to a legal challenge claiming Sony’s use of terms such as “Buy Now” misleads customers about what they actually receive when purchasing digital games. The lawsuit was filed by four PlayStation users in California and centers on Assembly Bill 2426, a law that took effect in January 2025. Among other requirements, the legislation requires sellers of certain digital goods to clearly disclose when a customer is receiving a revocable license rather than ownership. The plaintiffs argue that Sony’s PlayStation Store does not adequately communicate this distinction during the purchasing process, despite using language associated with traditional purchases.
Sony is pushing back on those claims while also seeking to have the case sent to individual arbitration. In its response, the company points to its PlayStation Software Product License Agreement, which explicitly states that software is licensed rather than sold. Sony argues that this existing agreement, combined with the nature of digital game distribution, means customers should already understand that they are purchasing a license to use the software rather than obtaining ownership of the underlying game. The company’s argument becomes particularly interesting when discussing multiple customers purchasing the same title. Sony uses Resident Evil Requiem as an example, noting that two plaintiffs purchased the game at different times. According to Sony’s reasoning, it would be unreasonable for the first customer to believe they literally owned the game itself if another customer could later purchase that same game. The company is therefore drawing a distinction between owning a physical copy of a game and receiving a license to access digital software.
The timing of the dispute is especially notable because Sony is already moving further toward digital distribution. The company has announced that it plans to end production of new PlayStation game discs in January 2028, making the distinction between digital access and ownership increasingly relevant as physical alternatives become less common. The legal dispute does not mean a court has ruled that consumers never own digital games, nor does Sony’s filing establish a new legal rule. Instead, the company is arguing that its existing disclosures are sufficient under California law and that consumers already understand the licensing model.
As PlayStation moves toward a more heavily digital future, however, the distinction Sony is making in court could become increasingly important. The question is no longer simply whether customers can download a game after paying for it, but what exactly they have purchased when they do so—and how clearly companies are required to explain that transaction.