List of references on Sony websites to players “owning” their digital games
Four California PlayStation buyers who each spent hundreds of dollars on digital goods over the past few years say they received only a limited, revocable license rather than ownership, and paid more than they otherwise would have.[1] The complaint alleges the PlayStation Store advertises digital games with ownership language such as “Buy Now” & “Confirm Purchase,” and that the brief license disclosure above the “Confirm Purchase” button appears in comparatively small, unhighlighted text, short of the clear and conspicuous disclosure California law requires.[1] On June 18, 2026, Andrew Garcia, Edward Heycock, Jason Mendoza & John Salinas sued Sony Interactive Entertainment, LLC in the U.S. District Court for the Northern District of California, Case No. 3:26-cv-06016, alleging the storefront’s checkout language violates California’s digital-goods transparency law.[1][2] On August 21, 2026, Sony moved to compel individual arbitration under the PlayStation Terms of Service and, in the alternative, to dismiss the complaint with prejudice.[3][4] Under a heading reading “Reasonable Consumers Would Not Be Misled,” Sony argued that it is not plausible that reasonable consumers believed they were obtaining ownership of a digital game.[3] The case remains active, with a hearing scheduled for October 1, 2026.[5][3]
The complaint alleges the PlayStation Store markets digital games to shoppers with ownership language.[1] When a consumer proceeds to checkout, the store displays a confirmation screen with a button labeled “Confirm Purchase,” and selecting it finalizes the transaction & charges the payment method.[1] Above that button, PlayStation includes a brief disclosure referencing the Software Product License Agreement, stating that the consumer’s purchase of the digital product amounts to a license subject to that agreement.[1] The complaint says the disclosure appears in comparatively small text relative to other portions of the interface & is not visually highlighted or otherwise designed to draw the consumer’s attention.[1] The transaction grants a limited, non-exclusive, revocable license governed by Sony’s Software Product License Agreement, which the complaint says “expressly provides that the software is ‘licensed to you, not sold.’”[1] That agreement bars the buyer from renting, sublicensing, copying, reverse engineering, or transferring the game, and access can depend on the continued availability of the PlayStation platform.[1]
KitGuru, reporting on Sony’s fiscal earnings report as collated by Push Square, said 85% of game sales in the quarter ending March 31, 2026 were digital, with 15% physical.[6] On July 1, 2026, Sony announced it would end physical disc production for new PlayStation games starting January 2028, moving new releases to digital distribution.[7] Fortune noted that Sony once championed the sharing of physical media and now argues that customers do not own the digital games they purchase.[8]
The complaint alleges that the four named plaintiffs are California residents who have each spent hundreds of dollars on PlayStation digital goods over the past few years.[1] Recent purchases listed for Garcia include NBA 2K25 Standard Edition for 20.99, NBA 2K26 for 65.99 & EA Sports Madden NFL 26 for 69.99.[1] Those listed for Heycock include Resident Evil Requiem on February 25, 2026 for 69.99.[1] Those listed for Mendoza include Resident Evil Requiem on February 14, 2026 for 69.99 & God of War Sons of Sparta for 29.99, and many others.[1] Those listed for Salinas include Five Nights at Freddy’s 4 for 7.99 & Puppet Combo Collection 1 for 17.99, and many others.[1] Each plaintiff states he was not aware the games were only a revocable license, and that the belief he was buying ownership led him to pay more than he otherwise would have.[1] The plaintiffs voluntarily dismissed Sony Corporation of America on August 20, one day before Sony’s motion, leaving Sony Interactive Entertainment, LLC as the sole defendant.[5]
Filed by Noah Heinz & Albert Pak of Pak Heinz PLLC, the complaint brings three counts.[1] Count I alleges a violation of California Business and Professions Code § 17500.6, the operative section of AB 2426.[1][9] Count II alleges a violation of California’s False Advertising Law, Cal. Bus. & Prof. Code § 17500 et seq.[1] Count III alleges a violation of the California Consumer Legal Remedies Act, Cal. Civ. Code § 1750 et seq., citing subsections 1770(a)(5), (a)(9) & (a)(14).[1] Before suing, plaintiffs’ counsel sent CLRA demand letters to Sony’s addresses by certified mail on April 21, 2026 & again on May 11, 2026.[1]
The proposed class covers California residents who purchased digital video games through the PlayStation Store after § 17500.6’s effective date, who saw representations such as “Buy,” “Buy Now,” or “Confirm Purchase,” but who received only a revocable license to a digital good.[1] The complaint invokes federal jurisdiction under the Class Action Fairness Act, stating the aggregate amount in controversy exceeds 5,000,000.[1] The prayer for relief seeks actual damages, restitution & disgorgement of Sony’s revenues from the practice, statutory & actual damages under Cal. Civ. Code § 1780(a), an injunction prohibiting Sony from resuming its unlawful practices, and reasonable attorneys’ fees & costs.[1]
On August 21, 2026, Sony replied, first asking the court to compel arbitration under the Federal Arbitration Act and stay proceedings, and only in the alternative asking the court to dismiss the complaint with prejudice under Rules 12(b)(1) and 12(b)(6) for lack of standing and failure to state a claim.[3] Sony pointed to Section 1 of what the motion calls the Software Product Licensing Agreement, which it quoted as stating that “The Software is licensed to you, not sold.”[3][10] The motion says the PlayStation Terms of Service put a binding arbitration agreement and a class action waiver in Section 14, and quotes the opt-out clause:
YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS.[3]
The clause requires a user who does not wish to be bound to notify Sony in writing within 30 days of accepting the agreement.[3][5] Sony told the court that no plaintiff opted out.[3]
Sony’s fallback merits argument appears under a heading titled “Reasonable Consumers Would Not Be Misled.”[3] In its filing, Sony wrote:
In the digital age, it is not plausible to allege that reasonable consumers believed they were obtaining “ownership” of a digital game. Were that the case, then Plaintiff Edward Heycock would not have been able to obtain the game Resident Evil Requiem on February 25, 2026 for 69.99 from the PlayStation Store after Plaintiff Jason Mendoza had obtained Resident Evil Requiem on February 14, 2026, because Mr. Mendoza, not Sony, would have owned it then.[3][4]
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.”
“Check license ownership
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:
(same as above but on the PS5 Pro page)
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