A group of California gamers has taken Sony to court over how it sells digital titles on the PlayStation Store, reigniting a debate over what it really means to “buy” a game you never physically hold. The proposed class action centers on a California consumer protection statute and could reshape how storefronts describe digital purchases to shoppers across the United States.
The lawsuit was filed in June on behalf of four gamers, who allege Sony violated California’s AB 2426. The complaint argues that customers who bought games through the PlayStation Store were misled because the company did not make it explicit they were only acquiring a license rather than owning the content. Sony counters that licensing information is available to buyers and that it is clear purchasers do not own the games.
What California’s AB 2426 Requires
Signed into law by Gov. Gavin Newsom in 2024, AB 2426 requires sellers of digital goods such as music, movies, ebooks and video games to clearly disclose when consumers are receiving a license instead of outright ownership. The law also restricts those sellers from using words like “buy” and “purchase” for licensed digital goods unless proper disclosures are made during the transaction.
The plaintiffs point to the phrases “Buy Now” and “Confirm Purchase” that appear when acquiring titles such as Resident Evil Requiem, NBA 2K25 and Five Nights at Freddy’s 4. They say they did not realize they were obtaining a revocable license and claim they paid more than they otherwise would have. The suit seeks class action status.
Sony’s Defense and the Path Forward
In a motion filed on Aug. 21, Sony cited Section 8.4 of its PlayStation Terms, stating that when customers purchase a product from the store they buy a personal license and therefore “do not own the product.” The company also referenced Section 10.1, which specifies that words such as “own,” “purchase,” “sale,” “sold,” “sell” and “buy” do not imply a transfer of ownership, and it noted that the license is revocable.
Sony’s filing asks the court to dismiss the case or require the individuals to file claims separately. Under the PlayStation Terms of Service, users who agree to the terms also agree to arbitration for any claims and waive their right to a class action lawsuit.
Shortly after filing its motion, Sony sent a mass email to PlayStation users reminding them that digital games are licensed, not purchased. The plaintiffs are asking the court for an injunction to stop the alleged deceptive practices, a change to the company’s wording at the point of sale, and damages for affected California residents. The suit does not ask Sony to bring back physical media, as it was filed before the company announced the phase-out of physical PlayStation game discs starting in 2028.
A comparable lawsuit was filed against GameStop in January over alleged violations of AB 2426, and that legal action remains ongoing.
