A lot of gamers still prefer physical discs over digital copies despite advancements in internet speeds and console storage. Some of the primary reasons that many players want physical copies are that they can share it with friends and perhaps resell it once they are finished – luckily, this is something that Sony isn’t trying to curb, despite such rumors.
Yesterday, there was information shared on social media that Sony updated its terms of service to prohibit the resale of physical games. Nintendeal shared an image on X regarding the PlayStation Terms of Service. The user notes that “no one complies with this and it is unrealistic to think anyone ever would.”
Clause 7.1, taken out of context for maximum internet outrage, reads: “You must not resell either disc-based games or digital games, unless expressly authorised by us and, if the publisher is another company, additionally by the publisher.”
seeing this PlayStation licensing agreement forbidding the resale of physical games that you own pop up again
no one complies with this and it is unrealistic to think anyone ever would pic.twitter.com/s03laNEc9B
— Nintendeal (@Nintendeal) December 17, 2023
The information reportedly originated from YouTuber RGT85 and was subsequently shared via multiple social media sites. The news has caused confusion among PS5 owners with users questioning the legality of the clause.
The clause isn’t something new and has been around since the original PlayStation 1 came out in 1994. Sony’s Terms of Service has always mentioned that reselling of games is prohibited. Fans have shared screenshots of the clause written on the disc of Final Fantasy VII.
This is also not the first time that there has been an update to Sony’s Terms of Service that fans have misinterpreted. In 2013, the new European ToS included a similar clause prohibiting the reselling of PS4 games. Former PlayStation president Shuhei Yoshida later clarified that players can still “sell or share” PS4 discs.
If you are concerned about our new European TOS, we confirm that you are able to sell or share your disc PS4 products, including in EU.
— Shuhei Yoshida (@yosp) November 12, 2013
The situation isn’t unique to Sony and its PlayStation console. Microsoft has a similar policy for its Xbox games which states that copying, renting, leasing, selling, and exporting games you own is a violation of the ToS.
Fans have pointed out that the clause in Sony’s Terms of Services may be referring to the resell of the game files or source code. Piracy is still a very big issue within the gaming industry despite the implementation of digital rights management tools, which now mostly serve to annoy paying customers instead. Single-player games are particularly susceptible to piracy.
Users have also shared that there is a big market for secondhand games in Japan and Europe. In North America, players can also walk into any GameStop outlet and trade in an old disc to get a discount on future purchases.
So, there isn’t really anything to worry about. The wording on the clause may be a little confusing but it just means that you can’t redistribute the game or be involved in piracy – and deliberate drama-stirring on the part of content creators chasing engagement certainly doesn’t help.
