At the end of September, Governor Gavin Newsom signed a new bill, AB2426, which forces digital storefronts to admit that the buyer is acquiring a license to the product, not buying it outright. The law will take effect next year (2025) What is the purpose of using the word “license” instead of “buy?” We turn to copyright law!
The implication of buying something outright is that you buy something and own it in perpetuity (forever). This is easily exemplified when you buy a book. You can do whatever you want with it. Keep it, destroy it, scratch it, burn it, donate it, give it away. No one can take away your book from you. (The funny part is that you bought a licensed copy of the book, but that breakdown is for another time.)
When you buy a license to use something, you are simply buying permission to view the thing you paid for. The digital store still has control over the thing you bought in many ways. Maybe an update to the game has to be given, maybe the game is going to be delisted. Maybe the streaming rights to the show ran out.
Playstation Network’s Terms of service says, in part, “8.16. Access to Purchased Items. Upon our confirmation of your transaction, and subject to the applicable Usage Terms, you may access the PSN Content you ordered through the Account that you used to complete the order. You bear all risk of loss for accessing the content, and for any loss of content you have downloaded, including any loss due to a file corruption or hard drive crash. You are solely responsible if you do not choose to download or access the content before it is removed or your license expires, and for the authorized ongoing storage and safekeeping of the content. We are not obligated to provide you with replacement copies for any reason.”
Assaad Lyn: Attorney At Law 