PlayStation lawyers have argued that "reasonable" players aren't being deceived by Sony's small print, which says digital game purchases don't grant ownership.
Not sure if Sony has updated their store pages, but this is at the bottom of every page. I’m going to assume you also need to confirm you’ve “read the terms and conditions” at checkout.
At least in the European Union, the Unfair Contract Terms Directive and Digital Services Act put strict limitations in what the terms can do, especially if the contract cannot be negotiated individually.
Even in the US laws regarding false advertisement might apply if most of the communication says one thing and the ToS no one reads say another.
EDIT: and Chinese and Brazilian courts already gave indication that the terms are not fully enforceable there.
I know it isn’t the law but I feel like the burden of proof that somebody has actually read and understood the terms and conditions and was of sound mind when accepting it, should be on the company. Who knows, maybe I was just about to read the full thing and went to get myself a cup of coffee, while I was gone my cat stepped on the keyboard and pressed accept. And if the company can’t prove beyond any reasonable doubt that I did in fact read, understood and accepted it, then the Terms and Conditions are effectively nulled.
Bull. Don’t infantilise people just because you don’t like licences. I too think they’re absolute bullshit, and even bigger bullshit is that they can be revoked for some bullshit reason but people need to bear consequences of their actions. Sheesh.
Not sure if Sony has updated their store pages, but this is at the bottom of every page. I’m going to assume you also need to confirm you’ve “read the terms and conditions” at checkout.
At least in the European Union, the Unfair Contract Terms Directive and Digital Services Act put strict limitations in what the terms can do, especially if the contract cannot be negotiated individually.
Even in the US laws regarding false advertisement might apply if most of the communication says one thing and the ToS no one reads say another.
EDIT: and Chinese and Brazilian courts already gave indication that the terms are not fully enforceable there.
I know it isn’t the law but I feel like the burden of proof that somebody has actually read and understood the terms and conditions and was of sound mind when accepting it, should be on the company. Who knows, maybe I was just about to read the full thing and went to get myself a cup of coffee, while I was gone my cat stepped on the keyboard and pressed accept. And if the company can’t prove beyond any reasonable doubt that I did in fact read, understood and accepted it, then the Terms and Conditions are effectively nulled.
Bull. Don’t infantilise people just because you don’t like licences. I too think they’re absolute bullshit, and even bigger bullshit is that they can be revoked for some bullshit reason but people need to bear consequences of their actions. Sheesh.