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Sony bans selling pre-owned PS3 games


Arcane

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Wednesday 24 May 2006

High street games shops have been told by Sony that there will be no PS3 pre-owned sections in their stores as it will be illegal for customers to sell any next-gen PlayStation games that they've bought, retail sources have revealed to GamesRadar.

It seems that Sony is planning to adopt a licensing system that will mean gamers won't own the PS3 titles that they've paid money for. Instead, they will only be purchasing the licence to play the game and that the software itself will still be Sony property - meaning that the disc won't be the customer's to sell.

We assume that the thinking behind this move will ultimately be to stop PS3 games being resold several times - which currently snatches potential sales away from Sony - and to counter the impression in consumers' minds that games are only really worth their pre-owned price and are not worth buying new.

When we contacted Sony, it issued us with the following statement: "We have made all of the official announcements at E3 and cannot make any further comments at this time. We will be announcing more news running up to PlayStation 3's launch."

http://www.gamesradar.com/gb/ps3/game/news...&sectionId=1006

Another good reason to not buy a PS3. Keep adding those nails to your coffin, Sony...

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What's the difference between this and how Adobe distributes Photoshop?

None...

Which means, that within a year, people will figure out how to download, burn, and play PS3 games off of conventional CD's or DVD's.

People always find a way to do that, but it's still only a small minority of consumers that actually know how to or are willing to do it. The rest will be stuck paying out the ass for their games.

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They aren't going to be able to prevent them from setting the disc.

Stated here.

"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.'"

This is no different than Microsoft or Adobe not wanting you to resell their software, nothing new.

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Seems more like Sony is trying to crack down on piraters than trying to stop pre-owned resale. Enforcement and penalties will probably be lax on that.

But this whole claiming games as their property and only selling licenses is a threat to piraters, since Sony would then completely own the games and can sue individuals for pirating their intellectual property rather than sit on their hands and wait for a developer to do it.

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Their response has simply been that there will be no DRM on the discs (Which is false, as both HDDVD and Blu-Ray CANNOT be recorded without HDCP/HTCP). They can still have a license agreement on software that bars a person from redistributing it, which would mean legit game stores wouldn't have a used PS3 section, just like games Radar has reported.

Look at the facts:

1. SCE has openly expressed interest in it.

2. Their press release DOESN'T deny it.

3. The press release is false anyway, as HTCP and HDCP WILL be present on games and movies.

The people who beleived the initial report are not the ones who jumped the gun here.

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Their response has simply been that there will be no DRM on the discs (Which is false, as both HDDVD and Blu-Ray CANNOT be recorded without HDCP/HTCP). They can still have a license agreement on software that bars a person from redistributing it, which would mean legit game stores wouldn't have a used PS3 section, just like games Radar has reported.

Look at the facts:

1. SCE has openly expressed interest in it.

2. Their press release DOESN'T deny it.

3. The press release is false anyway, as HTCP and HDCP WILL be present on games and movies.

The people who beleived the initial report are not the ones who jumped the gun here.

Quoted for truth.

If something like that had no chance of being used, then why would you not DENY it up and down?! I wouldn't put anything past Sony anymore.

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Hmm? You guys seem confused.

The original article in the OP is a recently written piece about Sony bullying stores in the UK to give up used game sales. The links Kreutz gave are from one article in 2005 (which was a different story about a patent Sony filed years ago) and the PS3 fansite (which doesn't have the clout to be confirming anything) just refers back to the 2005 story.

The license thing just sounds like a strange and super-powered EULA.

I'm not saying it's true, I don't think Sony would be stupid enough to do that. However, I didn't think they'd be stupid enough to do the exact same thing with Sony Music, and they did, anyway.

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