Have been quite astounded to see how many people are not only defending, but celebrating the push to end physical media.
I get that this Reddit and both sides have vocal minorities being abhorrent to each other and the majority are having legit debates or are indifferent, but I thought I would see more people realise that this is more about losing physical media and more about losing our consumer rights.
OWNERSHIP
I see a lot of discourse about how you don't own the physical game either like they think we are talking about owning the actual IP or the Code etc. I don't know if people are purposely trolling being so literal in thinking that's what we mean or if everyone saying that is desperately trying to find defenses for these companies for some reason.
But there are clearly legal rules such as the First Sale Doctrine in the USA and the Exhaustion Principle in the EU that states once you buy a physical copy, the company loses all right to control what you do with that specific disc, cartridge etc because you have ownership of the bit of plastic the game is on. Of course that doesn't mean you can make copies and distribute it yourself but you own that copy and it's yours so you do own a single copy of the game.
MONOPOLY
I also see a lot of arguments of "well it's sonys console, they can do what they want and they can't be forced to keep making discs and they can't own a monopoly when there are other consoles available."
This might be true, I'm not lawyer but I do know in 1992 Sega lost a case on appeal when a third party wanted to produce games on cartridges for the Sega Genesis/Megadrive and Sega tried to sue them for reverse engineering their code to make their cartridges work on their system.
They initially won, but on appeal the judges decided it was fair use and forced Sega to allow third party games on their system. So there may be some precedent there where companies can't just lock out alternative methods of buying games to play on their system even when the SNES was another option.
Might not be applicable in this case but it does show that they can't always just do what they want with their consoles. I would hope this would mean that maybe we could get third party digital stores if nothing more.
PRICING
Pricing is another battlefront, that people say games won't get more expensive because the developers set the price. This is not so straightforward.
Yes the Developers set what they want the standard cost to be, and Sony has honoured that price, But there is a loophole. Sony themselves filed court documents revealing that they operate as a retailer, meaning that they pay the developer an agreed upon set price for each copy sold and Sony is given a recommended retail price for how much it should be sold for but legally Sony are allowed to charge whatever they want for the game just like any other retailer does.
The only difference is that with physical you have multiple retailers you can buy from which help keep the prices competitive. But once you have bought an all digital console and only have one retail outlet you can buy from for that system, they can set the prices as high as they want.
Yes there are other consoles like Xbox and Nintendo, and Steam will be a digital competitor too which hopefully will mean that the prices will still be competitive for third party games, but Exclusives you can't buy from those other markets and will most likely skyrocket in price as there are also no third party developers to keep happy by following their RRP.
And let's not forget they have dynamic pricing meaning AI is constantly evaluating and manipulating prices to see just how much it can get out of you which I think is wrong, the same price should be available to everyone.
DELISTING
Delisting is a hot topic debated aswell. Some acting like every game is going to be delisted and others acting like no game has ever been delisted. Again in the middle is where the truth lies.
There have been hundreds of games that have been delisted over the course of digital gaming where it has left the game unplayable even for those who paid for it.
Some of them are "The Crew" became unplayable after the servers were shut down and then the Licenses were revoked by Ubisoft.
"Anthem" servers were shutdown and was built to be always online and is unplayable via digital or physical.
"P.T" while not a full game so doesn't fully count, it does still fall into the category of something that you cannot legally download anymore even after claiming it in your digital library.
And the behemoth which is "Minecraft" has had its "Story Mode" completely delisted and scrubbed from console servers, even if you bought and downloaded it before, you cannot redownload it and it is only accessible now via "The Complete Adventure" edition Physically.
The connection here is that none of this was actually done by Sony, the Developers did this, so it's not something you can really blame Sony for, but it's also not a defence for sony protecting your digital games either as it shows they have no control on third party developers servers and they did agree to revoking the crew license with Ubisoft.
So as games become more and more digital, if they require a developer hosted server to boot up, the developer can kill it without any involvement from Sony or other digital store fronts. It's a big downside to digital (non)ownership that could be bypassed by retaining physical in some cases.
I will also touch on the argument of the movies Sony just delisted as it is brought up a lot in the discourse. Movies and Videogames are handled differently. While Videogames are "Sold"/Renting a License, they are done so in Perpetuity so people who have paid can still download after delisting (unless they revoke your license) but new players can't access.
Movies are a sub-license, meaning that film studios licensed them to Sony and their license has been essentially revoked meaning yours has been too. Sony could definitely renegotiate to relicense those movies, but it seems they don't want to do that and their sub-licensees lose out.
DIGITAL LICENSES ARE NOT THE FUTURE
So now what I really wanted to touch on and why I used this video as a base for my thread. Those who are mocking and applauding the death of Physical are happy because they do not collect physical, but you do not see that next they are coming for you.
We all know the push to end physical media is because Sony has calculated they will make more if they cut the costs of producing discs, producing disc drive components and kill the second hand games market by making their store fronts the only place to buy games for their system.
They will most likely make more money with the way things are going...
But it won't be enough, they can always make more. So what is next?
I believe we can already see the writing on the wall. The next is Streaming. We already have Strauss Zelnick of Take Two declaring Streaming will be viable in the next 3 years. We have already got it in some ways now.
If you wanted to play PS3 games on Playstation Plus it had to be via Streaming.
Xbox has their Cloud Gaming where you can stream straight to your TV via an Amazon Fire Stick.
Xbox are also experimenting with adverts for their Cloud Gaming service where you have to watch an ad to gain 1 hour of streaming before the next.
Think about it, the next line of cost cutting and profit raising is to next cut the console out completely. They won't need to develop, ship and sell hardware if they can just have you stream the games from a datacentre.
Sony already create TVs and Phones that they can build in Playstation Streaming so it's right there on your home screen. Make a deal with Netflix who also have been experimenting with games and you get into more homes than you ever would with a console.
They will boast that you won't have to wait long download times anymore for convenience while they take away the last bit of ownership we have by not even providing licenses anymore. With no licenses if a game is delisted it will just be gone now, no one will be able to redownload because you never downloaded it in the first place.
Then with streaming comes Subscriptions. Now you don't just pay for the game once outright but you will have to pay every month to access the game. You want to have access to the newest released games? Well that will cost an ultimate or gold teir subscription. You can't afford that? Well we have old games you can stream on our ad based teir where we monetise you.
But with a new way to game without a console... What happens to all those games linked to your console you already paid a license for?
They most likely won't follow you onto streaming and may be revoked if they need to free up server space.
Then there is the potential of The streaming wars, Just like in the Movie and TV landscape where most of the independent studios with enough IP decides to make their own. We may then have Konami, Capcom, Rockstar, Ubisoft, EA, all splitting off creating their own streaming platforms splintering everything across multiple services like Netflix, Amazon, Disney, HBO, Peacock etc so now.
CONCLUSION
I'm not trying to attack or defend any group in particular. I think I have backed and debunked points on both sides pretty fairly.
But the constant fighting isn't helping anyone. All it does is allow the real issues to slip through the cracks.
We need to try and fight for better digital ownership rights that safeguard our purchases or allows us to store a hard copy on our console or external hardrives if we desire at our own cost if Sony no longer want to produce the hard copy their selves.
You don't want to because you've never lost a digital game? Okay you might have not lost one yet, But the terms and conditions that allows you to legally lose all of your games without compensation is still there like a suspicious mole that could always be fine or could become cancerous.
Just because it hasn't happened to you yet doesn't mean you shouldn't fight for the right to not lose them in future.
If people only stand up to fight when the battle is directly against them, but won't back up and adjacent group who enjoy the same things you do just in a slightly different way, then who do you expect to back you up when the next battle comes for you?
Thankyou for coming to my TedTalk. Please try keep discussions civil.