The filing extended the point to games played against other people, arguing that because digital video games are played against other players who themselves must each have a copy of the game in order to play, it is not plausible that a reasonable consumer would believe that once they obtained a digital video game they would be its exclusive owner.[3] The motion notices a hearing for October 1, 2026 at 10:00 a.m. before Judge Vince Chhabria in Courtroom 3 at 450 Golden Gate Avenue in San Francisco.[3][5]
In the lawsuit, Sony argues that buyers “do not own the product” they buy from the PlayStation Store, and that it is not plausible to allege that reasonable consumers believed they were obtaining “ownership” of a digital game.[11][3] Sony’s own support pages tell those same buyers how to upgrade the “digital PS4 game you already own,” and require that game before its add-on content will work.[12][13] The key phrase in each screenshot below is boxed in red.
Sony’s previous communications also refer to ownership. In an email sent to users on 29th May 2021 titled “Important changes for PS3, PS Vita and PSP platforms”, Sony refers to owning games and video content. Again key sections are boxed in red.
Sony’s add-on support page lists how to access each add-on type, giving “Download content and launch main game” for DLC & “Launch main game” for in-game consumables.[13] It tells buyers that “DLC is downloadable content that can be purchased separately from the main game,” and that after purchasing “you need to download the DLC to play it in the main game.”[13]
Sony’s listing of the 2025 video game Ghost of Yotei reffers to ownership when talking about add-on content. “Team up with friends online to challenge monstrous, supernatural versions of the Yōtei Six in a free major update for all Ghost of Yōtei owners.” “Ghost of Yōtei Legends is a co-op multiplayer game mode free for all Ghost of Yōtei owners. It includes three distinct game modes:”[16]
Sony saying that all owners of the Witcher 3 have access to two DLCs at no additional cost, implying that the cost of the first purchase resulted in ownership.
Sony identified in the FAQ’s “How to troubleshoot game downloads from PlayStation Store” sub category “Locked games on your PS5 console?” Sony repeatedly makes reference to who purchased the game and who owns the licence in the context of reading this the game licence is owned and purchased (not leased or rented or so on) through transactions with Sony.
“To verify that you have the license for the content, please follow the steps below.
Make sure you are signed in to the correct account that was used to buy the game. Check your transaction history to make sure the purchase was successful.”
“If the game is owned by someone else who shares the console, make sure they have enabled Console Sharing and Offline Play.”
Make sure you are signed in to the correct account that was used to buy the game. If you recently purchased the game or redeemed content by vouchers, check your transaction history."
Sony’s cancellation policy sets refund eligibility for in-game consumables by when they are bought. Consumables bought on the PlayStation Store “outside of gameplay” are delivered “when you next launch the game,” so a buyer who does not launch it has 14 days from purchase to cancel; consumables bought “during gameplay” are “delivered immediately,” and cannot be canceled unless faulty.[20]
On their official Share Play page, Sony states that “Both of you can enjoy the same game, regardless of who owns it”, directly acknowledging that players, regardless of purchase mean, are owners of the product in question.
A non-exhaustive table of references on Sony’s site to “owning” digital games:
Play all the incredible PS5 games you’ve been missing and enhance the PS4 games you already own."
Cross-generation Share Play Pass the controls and let someone try one of your games, or play the game together regardless of who owns it, even if you’re not on the same console. With Share Play, your game screen appears on another player’s screen.
If I have a PS4 game, can I upgrade it to a PS5 version? If you own PS4 versions of these games, simply visit the game’s Hub for that title on your PS5 (Note: you’ll need to insert the PS4 disc into your PS5 console first if you bought the physical disc rather than the PS Store version of the PS4 game), and you’ll see an offer to download the PS5 version.
With the PlayStation Portal remote player, you can access the games on your PS5 console over Wi-Fi1, and with PlayStation Plus Premium, you can also cloud stream select titles you own digitally along with hundreds from the Game Catalog and Classics Catalog."
How do I use PS5 Cloud Streaming? Select games that you own can be streamed direct to your PS5 console or PlayStation Portal. Look for the PlayStation Plus ‘Stream’ button to launch the game instantly. You can also check the Cloud Streaming Game Finder to see which games are eligible for streaming.
Does PlayStation Portal have Cloud Streaming? Yes, you can stream select PS5 games you own and PS5 games available with PlayStation Plus Premium. Find out more with our support page for Cloud Streaming on PS Portal.
- If someone else on your console owns the game, make sure they’ve activated the console as your primary PS4 console."
shown on the Marvel’s Wolverine FAQ, What editions of Marvel’s Wolverine are available?
disclaimer on the Marvel’s Spider-Man: Miles Morales
disclaimer on Marvel’s Spider-Man Miles Morales shown on page “Great experiences that stay with you on PS4™ and PS5™”
*Owners of the Horizon Zero Dawn PS4 game disc can access this offer by inserting the game disc into their PS5 console (and will need to keep the disc inserted each time to play the game). PS4 game disc owners who buy the PS5 Digital Edition disc-free console will not be able to access the upgrade offer. "
and later in the Horizon Zero Dawn Remastered FAQ
“Can I upgrade from Horizon Zero Dawn or Horizon Zero Dawn Complete Edition to Horizon Zero Dawn Remastered?
Yes, existing owners of Horizon Zero Dawn (PS4, PC) and/or Horizon Zero Dawn Complete Edition (PS4, PS5, PC) can upgrade to the digital version of Horizon Zero Dawn Remastered on both PlayStation 5 console and on PC (via Steam or Epic Game Store). (…)
Owners of the Horizon Zero Dawn PS4 game disc can access this offer by inserting the game disc into their PS5 console (and will need to keep the disc inserted each time to play the game). PS4 game disc owners who buy the PS5 Digital Edition disc-free console will not be able to access the upgrade offer.”
You may be eligible for an upgrade to Horizon Zero Dawn™ Remastered digital edition if you already own Horizon Zero Dawn™ and/or Horizon Zero Dawn™ Complete Edition."
You may be eligible for an upgrade to Horizon Zero Dawn™ Remastered digital edition if you already own Horizon Zero Dawn™ and/or Horizon Zero Dawn™ Complete Edition."
If you already own Ghost of Tsushima on PS4, you can upgrade to the Ghost of Tsushima DIRECTOR’S CUT on PS4 for an additional cost.
If you already own the Ghost of Tsushima DIRECTOR’S CUT on PS4, you can upgrade to the Ghost of Tsushima DIRECTOR’S CUT on PS5 for an additional cost."
How do I access God of War Ragnarök: Valhalla? God of War Ragnarök: Valhalla is free downloadable content (DLC) available to owners of God of War Ragnarök on PS4 and PS5 via the PlayStation Store. It is included as standard with your purchase of the game on PC.
this appears in most if not all games just below the “Ratings and reviews” section. I saw in more than 300 games, I’ll use Ghost of Yōtei as the example