The common “agreement” between video game publishers and gamers these days is that you don’t own the games you buy. Apparently, gamers’ lack of ownership for what they buy doesn’t stop there, as Nintendo recently reminded people that every Switch 2 console is under their control, and they can disable it if they suspect you of piracy. However, it’s not just Nintendo that imposes this arrangement, as Sony and Microsoft have also made you agree to something similar for your PlayStation and Xbox consoles.
The similarities were pointed out by Ars Technica, who took a deep dive into the License Agreements (EULA/System Software) of the Xbox and PlayStation consoles. They’re usually the documents you just gloss over or agree to upon purchase. Sony’s was the harsh one, as it outright states that it will disable your PS5 online or offline if it determines you violated the agreement.
“If SIE Inc determines that you have violated this Agreement’s terms, SIE Inc may itself or may procure the taking of any action to protect its interests such as disabling access to or use of some or all System Software, disabling use of this PS5 system online or offline, termination of your access to PlayStation Network, denial of any warranty, repair or other services provided for your PS5 system, implementation of automatic or mandatory updates or devices intended to discontinue unauthorized use, or reliance on any other remedial efforts as reasonably necessary to prevent the use of modified or unpermitted use of System Software,” accoring to the PS5 SYSTEM SOFTWARE LICENSE AGREEMENT (Version 1.1)
What this means is that if they determine that you’ve used pirated games or maybe even a weird hardware upgrade, they will snatch away your PS5 one way or another. Seeing as most games these days require an online connection, it’s not exactly a hard thing to do for Sony.
Microsoft and Xbox are not much better, though it’s less draconian than Sony, stating that circumventing any anti-piracy or technical limitation can make the device stop working permanently. It’s more of a heads-up than a threat, really.
“You will not use or install any Unauthorized Software. If You do, Your Xbox Console, Kinect Sensor or Authorized Accessory may stop working permanently at that time or after a later Xbox Software update,” according to the Xbox Software License Agreement
So, just because you paid them upwards of $500 or so, doesn’t mean you can use the product you bought the way you want, lest they take it away from you under suspicion without a refund. It’s the same with the upcoming Nintendo Switch 2, something Nintendo also perhaps tried to hide under a mountain of update texts.
Nothing Could Go Wrong, Right?
One potential issue with the matter is how these license agreements often depend on their suspicion and certain cases, such as second-hand sales, as a quick example. Console companies can sometimes disable their consoles if they are reported or suspected of being stolen. Console owners looking for lower-priced games might also unwittingly introduce pirated or illegal copies to their devices and promptly get blacklisted.
But regardless of what other innocent scenarios might conflict with these license agreements, the customers are not exactly happy with the threat of a figurative hammer hanging over their consoles, ready to drop on suspicion. Some are of the opinion that there needs to be better consumer laws regarding these agreements, while others are questioning the ethics of the licenses.
“‘There oughta be a law.’ (To be clear – a law to prevent this),” states RedSox
“I’d like them to try. I am of the opinion that current law is far too lenient to the corporations, and they need to be disabused of this notion that they deserve the right to money in perpetuity,” argues Hard Thoughts
“Some of this extends beyond legality. Personally I don’t wish to oppose piracy just because others accuse me of such when I mod my consoles, when they’re out here doing all this and locking games away in the cloud. It’s a two way street. To me hating piracy is a very childish immature position to take, not everyone has the same opportunities in life and can’t access them due to region or inflated pricing. Those people are knowingly or not, shooting the wrong people,” claims alicefaye2
