PlayStation gamers have taken legal action against Sony in California over the way the company sells digital titles through its online storefront, challenging what it means to “buy” a game that only comes with a licence.
The lawsuit, brought on behalf of four gamers, alleges that Sony breached California’s AB 2426, a law governing digital purchases. The complaint claims Sony misled customers who bought games via the PlayStation Store by failing to make clear they were only acquiring a licence rather than the game itself. Sony’s response is that the relevant licence information is made available to buyers, and that it is clear purchasers do not own the games.
What California’s AB 2426 Requires
California’s AB 2426 was signed into law by Governor Gavin Newsom in 2024. It requires sellers of digital goods such as music, films, ebooks and video games to disclose clearly when consumers are receiving a licence rather than ownership. The law also restricts sellers from using terms such as “buy” and “purchase” for licensed digital goods without proper disclosures during the buying process.
The lawsuit, which seeks class action status, argues that the phrases “Buy Now” and “Confirm Purchase” appear when buying titles including Resident Evil Requiem, NBA 2K25 and Five Nights at Freddy’s 4. The gamers say they did not realise they were receiving a revocable licence and allege they paid more than they otherwise would have.
Sony’s Defence and the Wider Dispute
In its motion, Sony cites Section 8.4 of its PlayStation Terms, stating that when a customer buys a product from the store they acquire a personal licence and therefore do not own the product. Sony also points to Section 10.1, which says terms such as “own”, “purchase”, “sale”, “sold”, “sell” and “buy” do not imply a transfer of ownership, and notes that the licence is revocable.
Sony subsequently sent an email to PlayStation users reminding them of the terms of service and that digital games are licensed, not purchased. The mass email campaign appears to have taken place shortly after Sony filed its motion.
The gamers are asking the court for an injunction to halt the alleged deceptive practices, a change to the company’s wording at the point of sale, and damages for affected California residents. There is no indication in the suit that they are asking Sony to bring back physical media, as it was filed before the company announced the phase-out of physical PlayStation game discs from 2028.
Sony’s filing requests that the court dismiss the case or require the individuals to file their claims separately. Under the PlayStation Terms of Service, those who agree to the terms also agree to arbitration for any claims and waive their right to a class action lawsuit. A similar lawsuit was filed against GameStop in January over alleged breaches of AB 2426, and that legal action remains ongoing.
