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Sony reserves the right to stop you from selling used PS4 games

by Bill Hess on November 11, 2013


ps4-gpu-built-for-longterm

It doesn’t appear that Sony has any intentions on enforcing it, but they are making it clear that they have the right to stop the PlayStation 4 end user from selling their games.  In a recent update to the new terms of service for PlayStation 3 and PlayStation 4, the company has included the following.

You must not resell either disc-based or downloadable games says the updated TOS

In section 7.1 of the TOS, Sony’s legal team writes: “You must not resell either Disc-based Software or Software Downloads, unless expressly authorized by us and, if the publisher is another company, additionally by the publisher.”

So does this mean that Sony will actually enforce this policy straight away on the PlayStation 4?  Not likely, it would pretty much paint them as pulling off the biggest lie of all time in the gaming industry.  After all, they are the company who used this exact feature as the major selling point for the PlayStation 4 back at E3.

Though this inclusion in the terms of service could be Sony setting themselves up for policy changes later down the line.  This wouldn’t be the first feature on a PlayStation console that had been removed after release.  Sony came under criticism in back in 2011 for the removal of their Linux tools on the platform.  After Sony took legal action against those looking to re-implement the Linux feautres,  the company was under attack by hacking group, Anonymous.  The group managed to take down the PlayStation Network for over a month while accessing sensitive customer data on Sony’s unsecured servers.

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  • Wizard of Peace

    This is obviously for the future when everything goes to downloading.

  • Facts First

    Wow Sony. Really? Not that you were getting my money in the first place, but really? After all that bs about used games this year? I can’t say I’m surprised. Sony is pretty close to going belly up and their financial problems probably aren’t making them any less greedy.

    • shadus

      This isn’t what is necessarily seems. Since there is no DRM and they have stated you can trade discs with friends there is no way they can keep track of all the small transactions such as you selling a disc to your best friend. What this does is allow Sony and the Developer to legally target major resellers( Gamestop, g2k, etc) and get their cut from used game sells. For the consumer this most likely means lower trade in value on games and higher prices on used games. Its better then a drm economy but not quite the freedom everyone wanted either. Wouldn’t be surprised if Xbone implements the same wording in their EULA. Heck even Nintendo might too ,would be out of character for them but I could still see them doing it.

      • Eric M.

        The problem is that Sony saw what happened to MS when they announced the DRM and pretty much hid a bunch of facts about their own policy on DRM. Well, we are seeing all of these facts surface now, right before launch leaving enough time for some to cancel pre orders, but not everyone who may have an issue here.
        The biggest thing Sony announced recently is the fact they can and will record WHATEVER you do while using the PS4 at their OWN discretion if they so choose.. There was a huge article on this. This is something the Xbox One will not do, and Microsoft has made ZERO indication of doing so. Looks like the wannabe ex- Xbox fanboys will be regretting their move to the darkside. Oh well, atleast you save a hundred bucks? Totally worth it LMAO!

    • Jimmy Lin

      Apparently your facts doesn’t include legal knowledge of any sort… “Facts” first.

  • Brix Quintos

    Funny article lacking research,

    Did you know the same ” TOS update” you are speaking of applies to PS3, Wii U, Wii, X360? Guess what you can resell all these game?

    Well I guess rage is the answer for some but next time do your research.

  • No Thanks

    I’m not even taking the chance with this. Pre order cancelled.

    • You are flat out wrong

      You never had a pre-order.

      • dude

        lol ^

  • The Masterful Chief

    Yeah, between this and Sony not having any games I’ve decided to hold off on the PS4. Still going to pick up an XB1 because they have a good amount of games I want to see.

    • You are flat out wrong

      Of course you are, marketer.

  • Major

    I’ve been hearing that this console is prone to overheating. My friend said the one he saw in a kiosk was “having problems” so they couldn’t play it so thats probably not a good sign.

    • Albert

      Wow. The demo in our store was having problems too. Weird.

      • Facts First

        Me too.

        • Duke

          Seriously, even this is a new low for you. Posting multiple comments under different aliases. It’s a sad sad day for you Facts First.

          • GK15

            Lmao! It is funny though. I’m still cracking up over “Albert” as opposed to “Allen,” loll!

          • RoadShow

            I’m not seeing what’s funny about it and how you are relating Albert to Allen but whatever.

          • GK15

            Just because he’s such a troll, I don’t take anything he says seriously. But the fact that he made up a bunch of fake profiles and agreed with himself is funny imo. Pathetic if he were a real person, but hysterical coz he’s a troll and it can’t be taken seriously.

            And look at his choice of names: Masterful Chief (Halo), Major (Major Nelson) and Albert (Allen), which is you, one of the most well known PS fans on this site.

            Anyway, like I said if he were a normal person it would be kind of pathetic. But since he can’t be taken seriously anyway, I just thought it was funny.

          • RoadShow

            When you put it like that it is funny.

            Ah and I’m so important that I’m up there with Master Chief and Major Nelson. Not bad.

          • Blarg

            Pretty darn hilarious, however.

        • Shannon Novosel

          Usual b.s. do you ever give up

      • ron

        that’s funny my GameStop has there’s running from 10am to 9pm in a small enclosed case with no problems people are always on it playing it. as far as not being able to sell your games in the future well Xbox will be doing the same. as for not many games now. next year there will be a lot. Sony fan boy no. gamer yes. Sony since ps1. sony may have pulled a few dirty deals but no were as many as Microsoft.

        • Johhny E

          A “few” dirty deals? What about Sony lying about the capabilities of the PS3 at E3 2005, having a developer claim the PS3 was going to be the easiest system to program for at the same E3 (he got fired for lying for them), trying to cover up the infamous hack of 2011 for two weeks before being forced to tell their customers that almost 8 million people got their info stolen (they got fined $400,000 for that one), or after the hack they put in their terms of service that if identity theft happens to you again it is entirely on you to resolve the issue and you cannot hold Sony responsible (if you don’t agree, you cant use PSN). Microsoft is a greedy company, but Sony has straight up screwed their customers and lied to them and ended up bribing them with “free” games (which you lose if your PS+ account expires), and people forgive them for it..

    • Andreas Sunde

      It overheated because it was in a closed case with no ventilation at all.

  • Sony #1 Fan

    I’m a diehard Sony fan but there really isn’t anything that I want to play in this launch lineup. I really wanted to get this day one but I cancelled my preorder because I personally think Killzone is overrated and Knack isn’t my type of game.

    • Latoya Smith

      Don’t feel bad. I cancelled my preorder too. I owned all the Sony consoles but there needs to be more games. And given how messed up the PSN was with the updates on PS3 I think the smart thing to do was to wait and see if Sony fixed this stuff before buying blindly.

    • You are flat out wrong

      Of course you are.

  • IHATEHIPSTERSSS

    Told you so.

    R.I.P Allan

  • Allen

    Very biased and lying and assuming article.

    PSN was not down a month never the less more than it.

    Servers were secure & encrypted

    No evidence any info was taken

    I remember the hack being about suing GeoHotz not removing other OS shock was because of hackers.

    SONY didn’t try to get away with anything on other OS it was abused and removed as necessary

  • raine204

    As an asian company, honor means a lot.
    Like the article says, to go back on the original statement and actually say no reselling used games would be the biggest con-job in gaming history.
    Do you really think $ony is going to go and do that to themselves……lol…your absolutely a hater if you think they will because that would be corporate suicide.
    Facts First is actually right about $ony having industrial woes/financial issues.
    To step in and enforce what the article claims would be a major backfire on them and hurt their flagship tech irreparably.
    It’s most likely there as a cover their ass policy to invoke in an extreme case of a consumer doing something that was not thought about……(no, not selling games to their buddy).
    But enjoy the multiple accounts.
    Rage on….rage harder.

    P.S. If actually enforced….even say 3years from now….I would demand ritual suicide (not the actual taking his life but at least his resignation) from the president of the co. as yah…that would be the biggest fake out in gaming history and would deserve nothing less.

  • Lewis Bennett

    that is crap you can not sell games what the hell

  • Khalil Mohammed Khalil Salman

    I knew it !!!! I always knew that the Xbox One would win this console War !!!

    • dave mcnair

      Did you also know it would only manage 720p on an old game like cod?

      • Blarg

        Did you also know it is very capable of running 1080p and that is the fault of third parties?

        • dave mcnair

          I would say its capable of doing it but certainly not very or it would be already as one of xboxs biggest & fan favourite launch games. I’d expect the next edition to hopefully manage higher but its far from a good start serving as a straight up indicator of the extent they’ll be playing catch up most of this generation.

          These are bigger deciding factors than drm policies to be honest. Plus Sony have clarified nothing has changed & its not about what this articles making out (as usual for aotf)

      • Johhny E

        Did you also know that even though the PS4 runs Cod at 1080p, it runs like sh*t because of Sony’s constant problems with frame rate. Just like the PS3 is with Borderlands 2 and Mass Effect 2 and 3.

        • dave mcnair

          You cant compare ps3 to ps4 games. Finished me 2&3 & didn’t have any frame rate issues? Cod ghosts is a buggy mess that runs crap on even ultra spec pcs at the moment. Ps4 & xbox the same. Its meant to be getting a patch to fix it. I don’t care cods rubbish anyway. Bf4 is a better indicator as its made by better coders & is a proper next gen title on a better engine.

      • Khalil Mohammed Khalil Salman

        lol at least x1 gives us all the details at 720p unlike ps4 that removes some details to achieve (fake) 1080p..

        • dave mcnair

          Lol xbots are just making s**t up now

          • Khalil Mohammed Khalil Salman

            nope am not.. that is true and has been experienced in many videos ..

      • Khalil Mohammed Khalil Salman

        hahahahha that’s defenitely not true.. xbox one can manage at least 900p 60 fps for call of duty right now (after the dx12 and all the new updates.. )

  • Dan

    I like how all the butt-hurt Xbone fans are saying that this is Sony going back on what their initial plan was. Read the TOS – it states specifically “You must not resell” – You are not reselling the game, the distributor is (ie: Gamestop), also – when you give your game to your friend, there is no DRM stopping you from doing so, and the TOS isn’t going to be enforced on personal sale/trade to friends.

    • ron

      according to gamespot article talking about this same issue. they said the ps1/2/3 had the same policy Sony just never enforced it. and I doubt they ever will. but if they did it they would loose most of there customers.

      Ahead of the PlayStation 4’s launch this week, Sony has updated its Software Usage Terms (via Polygon) to explain that the company may “monitor and record” any or all PlayStation Network activity, including voice and text message data. The company can do so enforce the Terms and to comply with pertinent law, Sony said.

      “We reserve the right in our sole discretion to monitor and record any or all of your PSN activity and to remove any of your UGM [user-generated media] at our sole discretion, without further notice to you.”

      The Terms of Usage apply to all authorized PlayStation systems, including PlayStation 2, PSP, PlayStation 3, PlayStation Vita, and PS4.

      “Any information collected in this way, for example, your UGM, the content of your voice and text communications, video of your gameplay, the time and location of your activities, and your name, your PSN Online ID, and IP address, may be used by us or our affiliated companies to enforce these Terms and the SEN Terms of Service, to comply with the law, to protect our rights and those of our licensors and users, and to protect the personal safety of our employees and users,” the document goes on.

      This information can be handed over to the police or other appropriate authorities, Sony said. Accepting the Software Usage Terms means users consent to this.

      Though Sony may monitor and record PSN activity, the company said users should not worry about the company having a permanent and exhaustive record of their online actions.

      “We can’t monitor all PSN activity and we make no commitment to do so,” Sony said.

      The updated Terms of Usage also points out that all PlayStation software is “licensed, not sold,” meaning players acquire rights to use software, but do not own said software. As such, players are not permitted to resell disc-based games or downloads, Sony said, unless Sony grants permission. This policy has been in place since the original PlayStation, though Sony has never blocked the sale of secondhand games.

      Sony confirmed at the 2013 Electronic Entertainment Expo in June that the secondhand market on PS4 will work just as it does currently on PS3. No restrictions for used games will be in place.

  • ethan

    I think these are the same terms on current gen systems :L

  • Sonic

    You will be able to sell disk based games to whoever you want. It was confirmed by @yosp on twitter. Basically it is just talking about not burning a disk or taking the software off of the disk and selling it for a profit it has nothing to do with actually trading in games

  • thelivingdead44

    This is not true! Shuhei Yoshida has confirmed on twitter that this does not change anything

  • You are flat out wrong

    Xdrone lies and FUD. The vermin are terrified of the impending PS4 launch and now they’re resorting to making stuff up. Sad and pathetic.

  • dave mcnair

    Its already been clarified what this really means

    But that never stops aotf troll baiting ..

  • Geusz

    This was already in the ToS for PS3 i thought? This is to prevent people like gamestop and funcoland from reaping all the profits form used games. They contribute nothing to the production or development of the games they sell, yet they buy them for cheap and sell them at near cost of what it would be to buy it new, unless the game isn’t in demand. Ive seen them selling used versions of the game for 55 dollars, and im sure people buy those copies. Which only subsidizes costs to the consumer who buys new games, and changes rules.

    They cant monitor what you do with your discs. They could have put DRM in and kept track of each disc and required installation, and a registration code, but they didnt. You don’t have to worry.

  • Conner Peterson

    bye gamestop

  • Belinda Gayle Burrows

    I agree with GreenRings he talks a lot of sense nice one mate,I would really like to have a chat with you you no more about all this technology than me,you could HELP me in UNDERSTANDING it more,my email address is belindaburrows40@gmail.com,from Belinda Eccles manchester,I’m originally from Wigan higher Ince,PLEASE CONTACT ME GreenRings on my personal email address,I await your reply THANKS.x

  • Belinda Gayle Burrows

    Hi wizard of peace I like yours and GreenRings comments.x

  • nikit

    can any 1 give me loan i wanna buy ps4 ;(….lol

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