Buying digital - a question and a warning

meeshpeesh

I just thought I'd post this little warning on here to all those who buy games digitally.

A guy on a gaming forum I visit has had his account banned after 2 years. He wasn't given a reason but it's presumed that someone found his username offensive (although only in the most childish sense).

After looking at sony's terms and conditions they're pretty clear that if an account is banned the user will lose all purchases made, including any funds remaining in their store wallet. Not to mention all remaining playstation plus subscriptions.

My question is would the guy have any rights or way of getting those purchases transferred? Or does agreeing to the terms and conditions waive any rights he may have had to keep them? To me it seems just as bad as them coming and confiscating all his hard copies of games.

My warning is to make sure when setting up a psn account that the name isn't offensive in the slightest, and to keep in mind that you don't completely own anything digitally bought.

DCFC79

Any rights or way of getting those purchases transferred would surely be detailed in the T&C's. Are we talking about a forum username or a PSN gamertag ?

Was he banned because of the 1 complaint ?

meeshpeesh

It was a PSN gamertag, (it was basically 'big nob' - no idea if this will be removed but I've definitely seen worse )

There's no way of knowing if it was 1 complaint or many I don't think, but he said it happened after his first visit into Playstation Home, so I'd imagine it was someone in there that took offense.

I've not seen any mention of purchases being transferred in the terms and conditions, all I saw was this:

While your account and/or Sony system is banned, you may not be able to use the SEN services that you have paid for. We will not provide you with a refund of your unused wallet funds and unexpired periods of your subscriptions unless we are required to do so by law. If your SEN account is banned, you may still need to contact customer services if do not wish to renew your subscriptions.

It says 'required to do so by law' so he may still have a chance, just wondering whether anyone knew of the regulations of digital content?

wapow

Is there no way to appeal this?
Seems tad harsh after two years.
You're absolutely correct that you do not own digital rights.

Nilrem

I'm surprised if it was just the U/N mentioned that they didn't just change it, IIRC that's what MS, EA, and Steam all tend to do (either give you a chance to choose a new username, or change it to something random), unless it's something particularly bad or there is something else that has caused the ban (cheating in game, using dodgy copies/hacked hardware, other social complaints).

PenguinJim

meeshpeesh wrote: »

A guy on a gaming forum I visit has had his account banned after 2 years. He wasn't given a reason but it's presumed that someone found his username offensive (although only in the most childish sense).

With XBL in these cases they simply change the username without consulting the customer. Bans are issued for repeatedly changing the name to something offensive (which would also be a costly endeavour, as name changes are not free on XBL!).

Sadly, Sony does not do this automatically with PSN. Still, your friend can contact Sony and explain the situation, and they should be able to create a new account for him and transfer all of this old content. He will have lost his trophies and will have to re-add his friends.

meeshpeesh wrote: »

My warning is to make sure when setting up a psn account that the name isn't offensive in the slightest, and to keep in mind that you don't completely own anything digitally bought.

It might be worth taking the time to research software licenses. Digital items such as games (via download or via disc) are, broadly speaking, licensed to you rather than sold. The requirement to send software on discs because of a lack of networking infrastructure has allowed plenty of loopholes when using physical media, making the licensing issues a lot more theoretical, but they've always been there.

I come across this a great deal. People buy games without knowing what they're buying. An important part of being a good MSE is knowing what you are paying for!

unholyangel

PenguinJim wrote: »

With XBL in these cases they simply change the username without consulting the customer. Bans are issued for repeatedly changing the name to something offensive (which would also be a costly endeavour, as name changes are not free on XBL!).

People used to obtain free name changes on XBL by asking their friends to report their gamertag - not sure if its still the same or not but I do know two people who done it (one of them multiple times).

issey

I will always by the physical copy of a game if possible its normally cheaper which has always baffled me! Buy this just shows you never really own these digital games.

meeshpeesh

The guy posted a bit of an update, looks like Sony are actually treated the whole thing pretty fairly, at least better than I've heard they have in the past!

They told him he can keep everything, and transfer all his stuff to a new name and email address BUT he can only do it once he is 18 (as per their terms and conditions). He has to wait a year but it's good to know that they're willing to compromise and help out in situations like this rather than sweep it under the rug and hide behind terms and conditions. Still I'd exercuse caution and common sense when picking a name to save yourself the hassle

Nilrem

issey wrote: »

I will always by the physical copy of a game if possible its normally cheaper which has always baffled me! Buy this just shows you never really own these digital games.

You've rarely owned any games outright, and almost all of the ones with multiplayer/online components have relied on you keeping on the good side of the service provider for certain (and in the case of multiplayer ones all) functions.