Sony May Try To Stop PS3 Game Resales

Next Generation reports on Sony's hopes that it will be able to prevent the resale of PS3 games. The article argues that it is unlikely they'll succeed in this goal. From the article: "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 will probably come up quite a bit..

[Kjella]

...the socalled first sale doctrine [wikipedia.org]. I think this sums it up: "US copyright case law supports that consumers cannot make copies of computer programs contrary to a license, but may resell what they own. This however is conflicting with both section 117 and 109, and the case law itself is conflicting depending on which circuit the case was heard in."

FUD against Sony

[davFr]

Since a couple of weeks, and especially since E3 show, there are lots of FUD about the PS3 and Sony. I am not a Sony zealot, I don't have any console from them. But honnestly, do you feel like this news is something more than F.U.D. coming Microsoft or Nintendo.
I don't feel like an anonymous guy repeating stuff heard from a UK retailer is something like a trusted source. Sounds more like Microsoft try to kill the PS3 beast before it's awaken...

Re:I lost count

[Theaetetus]

3- announced that they would like to uni-laterally revoke my right to resell items I purchase.

They did? When?

(hint: never. This is an anonymously-sourced story, which Sony denied the first time it came up... two years ago)

Probably a dupe and possible rumor spreading again

[Anonymous Coward]

Dated November 2005 - The Death of Used Game Sales? [slashdot.org] posted our friend, Zonk. "The Inquirer has an interesting piece about a new Sony Patent on a technology that may possible prevent DVD disc media users from using their purchased disks in other machines after they have used them on a specific reader.

Dated November 2005 - Rumor: PlayStation 3s won't play borrowed, used, or rented games [gamespot.com] - SCEE PR manger Jennie Kong blasted the rumor as " false speculation." "PlayStation 3 software will not be copy protected to a single machine but will be playable on any PlayStation 3 console," she told the Guardian.

I disagree.

[Anonymous Coward]

Zonk is an obvious Nintendo fanboy.

I disagree. It seems clear to me that Zonk is an obvious XBox fanboy. Zonk's promotion of Nintendo has been half-hearted, and only a recent development-- Zonk only really began pushing for Nintendo after Peter Moore's E3 declaration that Microsoft considered Nintendo an ally. Before Microsoft invented the "Wii60" party line, Zonk was not nearly so enthusiastic, and pretty much only printed pro-Nintendo stuff when the games.slashdot reader base (which is notably pro-Nintendo, in my opinion with good reason) started yelling so hard he couldn't ignore them anymore.

I thus conclude that Zonk is an exclusively XBox fanboy who also occasionally sees Nintendo favorably because Microsoft tells him to, and because he views Nintendo as an ally in the fight against Sony.

The original article

[sesshomaru]

The Next Gen article tearing the Sony game "protection" article to pieces is all very well and good, but here's the original article for those who would like to read it for themselves:

Sony to make it illegal to sell second hand PS3 games [itvibe.com]

Here's a quote from the end of the article:

Will Sony use their patent? Will Sony make it illegal to re-sell PS3 games?

At the moment no-one really knows, but lets hope not.

Sony have yet to comment on the rumours that they will make it illegal to re-sell PS3 games.

Re:I lost count

[SuperKendall]

hahahhahahahahahahaaaaa yeah right, Sony went to the trouble of implementing DRM and restrictions just so they could NOT use them.

No, the Movie industry AS A WHOLE developed this idea - which both Blu-Ray and HD-DVD support.

What has happened is that they guys actually building consumer products realised there are something like eighteen people on the entire planet who even HAVE HDMI ready stuff. So potential sales would have been in the tens rather than tens of millions if products actually supported it - which is why Sony and other companies are all backing off an idea that seemed great five years ago when people were all sitting around a conference room dreaming up ways for consumers to not be able to watch stuff they bought.

If people do not buy HDMI equipment but they do buy Blu-Ray movies, then companies will simply never be able to turn this flag on. If you wish to fight DRM buy a $500 PS3 and send a clear message about what you want.

Re:I lost count

[TheBlackSwordsman]

It depends on if you mean real ones or imaginary ones.

Here are two "real" reasons for you.

1. $599 price tag. Unless you want the crippled, 20gb HDD version for $500 which isn't a whole lot easier on the wallet.

2. Sony's smarmy, arrogant "you'll buy it just because it's a Sony" [computeran...ogames.com] attitude. I'd purposely not buy a PS3 out of spite.

Speaking of smarmy and arrogant, when Kaz Hirai stands up there at E3 and denounces "gimmicks" as a jab at Nintendo, then proceeds to show off a new EyeToy game, the ability to use the PSP as a rear-view mirror in racing games and a dualshock controller with a gyroscope, it smacks of hypocrisy and turns off everyone but the most die-hard of Sony fanboys.

There are plenty of "real" reasons to not buy a PS3. Heck, I didn't even mention the fact that I have no use for a Blu-Ray player; therefore, why should I pay extra for one? But really, the outrageous price tag is the only reason most people need to say "Uh, no thanks" to the PS3.

Re:I lost count

[oGMo]

- They overhype stuff

Yeah, and Nintendo (or Microsoft) would neeever build a hype campaign...