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PS3 pre-owned games banned?

Posted May 24, 2006 at 9:03PM EST by QJ Staff

Listed in: PS3 Tags: playstation 3 updates, Sony
Ó

PS3Buying pre-owned games have been a common practice among most gamers because, hey, you get the same game for a cheaper price right? Well, those days may soon be over if this proves to be true. Apparently, major game shops have been told by Sony that there will be no pre-owned PS3 games sections in their stores since it will be illegal for customers to sell any next-gen PS game that they've bought. This tidbit came from various retail sources.

With this, it seems that Sony is planning on adopting a licensing system that will mean that the gamers won't own the PS3 titles they've paid for, but instead, they are only buying the license to play that particular game and that the software itself will still be a property of Sony. Ergo, the consumer has no right to sell the disc because it is not his to begin with.

This licensing system most likely aims to bring in more money for Sony since re-selling PS3 games snatches potential profits from the company. Sony has not issued any statement with regards to the issue, they were only saying that they have said everything they need to say about the PS3 during the E3 and that they would be announcing more news up to the PS3's launch.

Thanks for the heads up, Mike!



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Comments 


 
# Yeah...ashe5k 2006-05-24 22:38
And for every article that says their doing this there's another that says that they aren't.



Meh.

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# could be trueTomb 2006-05-24 23:00
This is different to all the other articles, because they say you can only play it on 1 system and this doesnt, it only says that retailers cant resell the pre-owned games. so just sell it to your mates or stick it on ebay, etc. etc.

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# More FUDGuest 2006-05-24 23:24
Stop posting FUD on this site.

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# Ill waitGuest 2006-05-24 23:41
Until its officail, its nothing.

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# ?????Guest 2006-05-25 00:16
They can't do this, they PS3 doesn't have a burner does it? therefore it cannot write any code or whatever on a disk so that it cannot be used on another ps3. in order for them to do this they would need to have all the PS3's in the world connected to the internet, and when you played a game it would have to send a code to a sony database where it would prohibit that disk from playing on other playstation 3. But its gonna be impossible to do that since not every single console is going to be connected to the internet, and I'm sure playstation 3 wont have a Burner.

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# can they do it?Guest 2006-05-25 00:52
They may not have something technically to do it, but legally, yes they can. Something like a book is legally protected so that you can sell it again if you bought it - you own a product, the book. It's still copyrighted, but the book is still a product. Software is not legally protected in the same way. You are purchasing a license, which is considered a contractual agreement, NOT a product. So nothing legally protects you against them saying you can't transfer that license to someone else. Since it's a contractual agreement, technically nothing stops them from saying you can only use the software while standing on your head doing the macarena.

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# StrangeGuest 2006-05-25 01:39
Before I start I'm a great Sony fan, I have Sony Everything (PS2, TV, Laptop etc) and plan to buy the Playstation 3 when it is released in the UK.



**IF** this is true, and not Microsoft spin, then it would be a serious issue for me buying the system as I can say I dont currently own a game I bought when I first got a PS2. Everyone swaps them and Sony are not loosing money because it is the same game I bought (and paid Sony). I have all the money ready to buy the console in November, but if this is true then I will not be buying it and I will also be saddened.



However I remember hearing last year on this site something about licencing the games so no pre-owns etc.



On a side not, it is illegal in some countries to gain a contract before you have seen the product (I think the Netherlands is one such country) making EULA or whatever invalid there. Also what about children? They legally cannot sign/enter contracts so how would it effect them?

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# Well technically..Guest 2006-05-25 02:11
Sony has every right to do that... tell me, what program on the Computer says that you 'own' it? None, unless u urself authored it. We buy liscences to use the Software and games on our computers so why would Console be any different?



It won't stop people ebaying (better than stores for pre-owned)...



This does however, sound like bogus. Sony lose nothing if games are pre-owned and purchased so this article seems like crap ... but it does make sense.



Number 10: Yes, here in australia it's also illegal for people under 16 to enter into a contract.. unless it's to the benefit of the child... Assuming that these games have EULA one would think that there would be someone living with them that is 18+ and therefore can legally allow the minor to use the software.



The EULA is indeed a contract to use the Software/Game as stated in the Licence and the 'i agree' option is therefore acknowledging everything in there... So playing a game or watching a dvd makes you the consumer enter into that user agreement. Why do you think it's illegal to copy games, movies and software? Because legally, we don't own it - we have the right to use it. You can argue until your blue in the face, but go to court and tell them that they are wrong and you are right...

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# GamesradarGuest 2006-05-25 02:16
This comes from Gamesradar. Remember the last two? Non-upgradeable harddrive, cheap version wouldn't support wireless controllers / ditch bluetooth. Don't you know better by now?



Sad.

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# Load of CrapVietone 2006-05-25 02:17
Well this is definitly the biggest load of crap I have heard in a while. Sony wouldnt do this. They know that alot of Gamestores make alot of revenue selling used games. They also cant lock a game to a specific system since the PS3 has no way of burning its system Serial onto the disk.



Also you never owned the game to begin with even on the PS2 or Xbox. the User Agreement at the end of each game manual states that the you have a license to use the game but you really dont ever own it. So you cant sell it.



But we do anyways right? When your selling used games your selling your license, not the game itself. This article isnt pointing out anything new. its just restating what already in existance, but in a way that makes it look bad.

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# And...Guest 2006-05-25 02:19
Number 10 again: Yes, unwillfully or unknowingly entering a contract makes it Null and Void - But it doesn't count for Software...as it itself is a contract and if one doesn't know that then they shouldn't be on a computer, watching a movie or playing a game...



Ignorance of the law doesn't uphold in court... Pitty :(

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# bummerBillyBongThornton 2006-05-25 02:22
If Sony would actually do this, they would shoot themselfs in the foot.

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# They won't...Guest 2006-05-25 02:34
Because they can't controll consumer's... sure they can advise consumers and retailers but unless the retailer signs an agreement that is legally bonding with Sony that prohibits the purchasing of already purchased games... then Retailers can do what they want.



And this also doesn't make sense.. because even though you ARE infact buying a license to use the game... you are able to sell the game legally as that existing license is sold with it to the new user... (assuming you didn't copy it or sell a copy). So my final verdict on this whole article?



BOGUS.

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# You Could Learn From This Pranav T.Guest 2006-05-25 02:37
Well, this article was definitly written better then yesterday's one by Pranav T. of the same subject matter that got pulled by QJ.net (I assume due to his poor writing skills and the fact that he blatently stated it as true, not just a rumour).



GamesRadar is still a horrible resource though (see poster #12). And I'm fairly certain they just dug this story up from a few months back when it was an actual topic worth being discussed. It's not now, there's no official word or any reason to believe that this is true, it's merely speculation by websites who have not been given any kind of hint as to this being a possibility except for a Sony patent a few months/years back for their music industry.

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# This..Guest 2006-05-25 02:51
...would be a shot not in the foot, it would be a shot to the cranium. I really don't think Sony would be THAT stupid and kill themselves that way.

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# Debunked yet againGuest 2006-05-25 03:10
http://www.gamesindustry.biz/content_page.php?aid=17283

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# restating somethingGuest 2006-05-25 03:10
This is complete and utter bs, this rumor has been going around for months by people who tall tell gib lies. This has been shot down multiple times by sony and developers alike. Even so non credible sources who recycle disproven rumors post this crap, and sad to say qj.net is starting to become one. I do beleive that this has been posted before under different wording two months or so ago.



If this is true then it would only be on sony's side, in the end its up to the publishers of the game to put in that kind of 'protection'.



Also remember by buying resell games, your giving gamestop, ebay, bestbuy, all the money, none of it goes to the developers. The only money that goes to the developers is the money from new games being bought. So another way this can be taken is that preowned games can be still bought and sold but some of the resell will be sent to the developer as well because of the way its liscened. This would mean that we would get less back from the games we trade in because the companies that do preownd games wont be getting all the cash from tradeins anymore.

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# Gamerader!Guest 2006-05-25 03:55
That seems to explain it all, but Ebay seemslike thenext step if it can't be re-sold in stores.

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# this isGuest 2006-05-25 03:58
bullcrud

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# Damnmbslrm 2006-05-25 04:11
This sucks.

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# i would imagineGuest 2006-05-25 04:14
i would imagine that they would add a cd-r type of device and etch a code on the blu-ray disc somewhere, seperate from the game.



but i dont think they would do something that stupid.

Reply
 

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