A consumer organization in the Netherlands has filed a lawsuit against Sony. The company’s plan to phase out physical game discs is alleged to violate competition law.
Physical game discs are currently a topic of debate, and not just in relation to GTA 6. Sony is also facing sharp criticism after the company announced its plan to distribute PlayStation games exclusively digitally starting in 2028.
This has now even led to a lawsuit seeking nearly half a billion, filed by the Dutch consumer protection organization Stichting Massaschade & Consument (viaFortune). The association represents a total of 1.7 million PlayStation users in the Netherlands and argues that the 30 percent commission Sony charges on sales in the PlayStation Store will harm the market for games without physical discs.
Because if there can no longer be healthy competition among other retailers,a digital monopoly will effectively emerge, which also prevents players from reselling or purchasing cheaper used games.
Is Sony creating a monopoly for (digital) PlayStation games?
The former could even prove to be a problem for Sony itself, as the publisher is essentially shooting itself in the foot. Fortune magazine spoke with economist Andrew Ching, who also views the situation critically. The expert states that Sony has consistentlyargued against antitrust allegations by claiming there is sufficient competition.The company has specifically referred to the physical game retail market.
If this distribution channel is now eliminated, Sony can no longer so easily claim that the PlayStation Store is not a monopoly. If this is determined following the changes, Sony could be legally required to either lower its fees or once again allow alternative distribution channels—such as through other digital retailers and stores. This is also what the lawsuit is seeking in addition to damages. So there will be nophysical discs required
.
However, this lawsuit does not automatically mean that Sony will be prosecuted under antitrust law—even without discs. Sony can still argue that players could switch to another platform, such as the Nintendo Switch or Xbox Series, at any time, which is why this is not a true monopoly.
Whether the accusation is justified is therefore a matter of interpretation. Theoretically, Sony would be unavoidable when it comes to PlayStation games without physical discs, because the company would then have complete control over sales and pricing. That would constitute a monopoly. However, the same does not apply when considering the video game market as a whole, since players can switch to other platforms.
Playerswant digital
, but Sony also benefits
Incidentally, Sony justified the move away from physical discs by statingthat most players simply no longer buy them. Over 80 percent of game purchases for the PlayStationare already set to be digital. However, it’s important to remember that this still means nearly 20 percent of games are sold as physical copies in stores.
Ching also adds that the emotional aspect plays a role for many people. Even players who don’t buy or sell used games are being deprived of an option they would theoretically have had before. This makes the outrage understandable, even if the raw numbers paint a different picture.
On top of that, Sony would also benefit massively from the change, because it would save a lot of money by no longer having to produce discs. And as mentioned earlier, the company would likely also be pleased that reselling used games would no longer be possible. So this is certainly not a selfless move for the sake of the players.
According to Ching, Xbox could seize this opportunity to reassure gamers that it will continue to support physical discs—which, in turn, might convince some to switch platforms. However, it’s questionable how realistic this move is right now, given all the layoffs and changes at Microsoft. You can read all the key details in the link box right below. Alternatively, our video on the topic offers a good overview.
Nothing Belongs to Us Anymore
: The Reddit Community Vents Its Frustration
Ironically, Sony took exactly this step over 10 years ago and spoke out in favor of physical discs, while its competitors wanted to rely exclusively on digital distribution. Now the company is facing criticism for precisely that reason. Gamers are venting their frustration on Reddit, among other places,where, for example, this post has garnered over 30,000 upvotes and just under 1,700 comments.
https://www.reddit.com/r/gaming/comments/1uuf8et/sony_essentially_destroys_its_own_defense_sonys/? embed_host_url=https%3A%2F%2Fwww.gamestar.de%2Fartikel%2Fplaystation-sony-keine-disks-klage%2C3456219.html
Many discuss the (potential) legal consequences or emphasize how player-unfriendly the concept is. Others, however, also cite emotional examples that are rarely factored into the calculations—such as the feeling of finding a physical copy of Skyrim under the Christmas tree, or what the future holds for children without high-speed internet who might borrow games from their local library.
Others take the idea even further and wonder if we’ll eventually reach a point where games—like many movies and TV shows recently—are simply removed from our digital libraries on the PlayStation Store without warning.
What do you think? Do you like to buy physical discs—new or used—to truly own games, or have you already switched primarily to digital versions? Let us know in the comments!
