The relevant section is blunt. “The Software is licensed to you, not sold,” the EULA states. “You are granted a limited, non-exclusive, non-transferable, and personal license to play or use the Software for your private, non-commercial use on the system or device it was intended for.”
The terms also restrict renting, modifying, or obtaining games through unauthorised means. Nothing in there is new, technically. Sony’s EULA has always said this. The timing is what makes it land differently right now.
Does “non-commercial” mean all those people who make money by playing games on a monetized livestream, posting monetized gameplay videos, or playing e-sports for prizes are filthy pirates?
By the plain text reading, yes. Would be nice to see PS streams fall to 0, but people ignore the terms and Sony doesn’t enforce them until they want to. Doesn’t matter what any of this BS says until they drag you in from of a judge… I mean private arbitrator… and say “look, plain as day, subsection 18.XXVI.xix D(13a) on page 47 where it clearly says we get to move our VP into his spare bedroom and shoot his dog”
We seriously are overdue for putting limits on so-called consumer contracts.
Nintendo’s tried arguing this for decades