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Society & Culture
Virtual Legality Episode 439

Clock Blocked: The Legal Landscape of Sony's Expiration Date Problem

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3m Apr 5, 2021
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With the confirmed closure of the PlayStation 3 and PlayStation Vita online stores this summer, many are raising alarms for video game preservation and the future of the gaming industry.

One such warning shot was fired by the YouTube channel Hikikomori Media, who has claimed that the loss of both the PlayStation's CMOS (PRAM) battery and access to the PlayStation Network (which would come sometime after the loss of access to the store) will "lock out" digital games on the PS3 and both digital and physical games on the PS4.

But with Sony's contracts fairly explicit in the company's right to alter software and online functionality, what legal recourse might consumers have? And what does the Library of Congress have to do with it?

Sony set us up CBOMB...in Virtual Legality.

#PlayStation #DRM #CBOMB


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Discussed in this episode:
"PlayStation Store for PS3, PS Vita officially closes this summer"
Polygon - March 29, 2021
https://www.polygon.com/22356858/playstation-store-shut-down-ps3-ps-vita-psp-date-redownload-purchases

"Your PlayStation Software Has An Expiration Date | The CBOMB Explained - HM"
YouTube Video - April 1, 2021 - Hikikomori Media
https://youtu.be/vl0582D52ng

"Software Product License Agreement"
Sony PlayStation Webpage - Updated August 2020
https://www.playstation.com/en-us/legal/softwarelicense/

"LIMITED HARDWARE WARRANTY AND LIABILITY"
Sony PlayStation Webpage
https://www.playstation.com/en-us/legal/warranties/ps3/

"PS3 Owners Sue Sony Over Firmware Update"
Top Class Actions - April 29, 2010
https://topclassactions.com/lawsuit-settlements/lawsuit-news/626-ps3-owners-sue-sony-over-firmware-update-/

"Circumvention of copyright protection systems"
17 USC 1201
https://www.law.cornell.edu/uscode/text/17/1201

"Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies"
Library of Congress - Final Rule (2015 edition)
https://cdn.loc.gov/copyright/1201/2015/fedreg-publicinspectionFR.pdf


"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.


DESIGN WORK
Joe Ellis (Logo Design)
Chris Leroux (Motion Graphics)
For more information: contact Chris at @Chrisleroux on Twitter.

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