Does such strawman regulation even exist? Some regulation is intentionally designed to limit “progress”, where “progress” happens to have negative externalities.
It’s kind of a self-legitimizing opinion. Of course anyone would be against unnecessary regulations. I think the real world is not arguing about whether a regulation is necessary, but rather if the economic burden it creates is worth the positive impact it has on society, which is highly contentious, highly subjective debate.
Also, regulation is not universally supported by knowledgeable consumers. Often quite the opposite, in fact.
This is why things really need to be DRM free from the start, and portable (have the ability to back them up, move them, etc). It’s the only way to ensure they can’t pull that kind of stuff.
Not true for PS5 games. Sony can push a firmware update to disable games, even if you own the disc.
Traditionally the whole industry has been fine with it as long as direct media copying was too hard for the layperson, especially since lending games around was like word of mouth advertising.
Digital platforms change a whole bunch of these things.
In other words, you completely missed the point that this is about DRM and not physical vs digital.
I worry about shenanigans where you "buy" the game from a shell company and that shell company "folds" and doesn't uphold it's promises. Same is true for a smaller, but not shell, company. If the non-DRM version isn't already created and held in trust, then it's not trustworthy.
This is obviously absurd as a universal rule. If I "buy" a night in a hotel room, I should own the hotel room? If I order a taxi, I should own the taxi? If I ride a bikeshare e-bike across town, I should own the bike?
Whether rent is appropriate or exploitative for a certain product or industry is a fair question, but to say renting should not exist as a concept at all for anything just doesn't work.
Are consumers confused in practice by what happens when they click "Buy" on the playstation store? Does anyone really thing Buy here means they will be able to download the game onto their computer and play it there?
Fine, pass a regulation that makes online stores change the word to license or whatever. Will that relieve your sense of persecution? Or would just you find another way to cast game publishers as the conniving evil empire (market control, collusion to reduce consumer options, etc.) because they aren't giving you what you want?
Games (and other digital media), are sold as products, not services, mostly.
TFA is arguing this should persist and not be replaced as games as (subscription/licensed rental), services. It argues the move to digital is being used by businesses to switch to a services model under the hood, and that this should be resisted and it should remain a product model.
> Are consumers confused in practice by what happens when they click "Buy" on the playstation store?
Demonstrably, provably: yes.
> Fine, pass a regulation that makes online stores change the word to license or whatever.
Why not make the store change what they sell from being a license and making it a product as the consumer expected?
Buy a night in a hotel, dinner in a restaurant, haircut, shoe shine. These are all services.
Buying of digital services like games, films, and music is an evolution of buying dvds, cds or records. There is an expectation that you now own something. I can dig out my dad’s old records and play them and pass them onto my children.
If media companies want to sell a license that has an expiry date, that’s fine, but it has to be explicitly communicated. Consumers have to be well informed about what they’re purchasing.
(Not universally, but in many cases.)
On the other hand, "buying a game" is given the guise of ownership, despite true ownership still being retained by the seller, obscured by the fact you're making a one-time payment. It'd be reasonable if the terminology used was "rent" or "subscribe" to a game with a periodic payment, but that's not what's advertised.
It is deceiving, unnecessary, and anti-consumer.
Clearly, more thoughtless regulation will solve the problem this time.
California has actually done something about this, you can longer claim that customers are "buying" when they're actually just renting.
If i claimed i sell a house for 500K but the in terms of sale redefine sale as rent the house for 500K and i can claim the property back anytime, that'd be crime yet it's somehow legal with digital goods.
Ironically this is almost how it works in England: https://homemove.com/content/what-is-leasehold-property-comp...
While the majority of flats are leasehold, by far the vast majority of property in England is freehold. Only a fifth is leasehold.
While technically a leasehold has a fixed term and at the end of the lease (usually starts at 99 years) the land owner technically owns the property, in reality this scares most people so usually when someone sells the property (usually while there's still at least 80 years left on the lease) you try to extend the lease again back to 90 years. So while it is possible for the lease to run out and people lose their property, it's usually something you'd be expecting when you took over the lease (and so you'd pay a correspondingly lower price for the property). While the lease is active, there's usually an annual fee from between 100 and 10000 pounds. Obviously, the higher this is, the lower the sale price of the property is likely to be.
Personally, I wouldn't touch leasehold with a bargepole, and unless you want to live in the centre of a city there's usually plenty of freehold property available so you don't need to go down the leasehold route.
It’s a weird system. The previous and current governments have been looking to modernise it.
It's easy to forget that average joe doesn't understand the consequences when we're on our own bubbles.
Edit: The media outrage when Sony removed 550 movies, indicates the customers don't still understand the terms of the sale. It wouldnt make any noises if customers knew they were renting it.
Good regulation is good. Bad regulation is bad. Being anti-regulation is dogmatic.
What games and some software do these days is much worrse. You have a license to use their "software installation service" and their "let me run the game" service until they decide to turn them off. At any point, at their discretion, they can remove your ability to install a new copy or even run it all together.
Very different and quite recent.
These are not the same situation.
When you pay for content locked to a platform, you're not buying an asset, you're paying for a service. The platforms grow around not only providing a convenient service to the end user, but also to the content creators, who publish on them with the expectation that their content is protected by DRM. Creators are free to choose where they publish, and end users are free to choose which services they use.
I don't think it makes sense for the government to define what it means to own a digital asset or to force every service platform to become a retailer and ownership-tracker. Where there's demand for DRM-free downloads or physical media, the market will respond.