Playstation removing previously purchased Discovery content
playstation.com
playstation.com
Content you purchased. Their wording. Not content you rented, not license you paid for.
They are effectively stealing the content you purchased.
(shamelessly copied from the top comment on /r/piracy on this very subject)
Digital license has lower quality video and audio
You cannot re-sell your digital license
You have a non-zero chance that your license will get revoked
I'm stealing that (no pun intended).
How many individuals have actually had their lives ruined, outside a very small number of people like Alexandra Elbakyan? Plenty of companies have been shutdown over the matter and plenty of scene groups have been raided but ever since Aaron Swartz prosecutors in the US seem to have little appetite for such cases and Europe has always been lenient as far as criminal penalties go. The latest scene group raids that made it to HN's front page ended in 60 day suspended sentences for the offenders which is a complete joke as far as penalties go. Nonviolent offenses that are barely worth prosecuting in most jurisdictions if not for media industry handwringing.
People in general aren't great at dealing with low-probability high-impact events. I think we're also not so great at dealing with legal and economic issues where the effect on most people is tiny but a small number are either affected extremely negatively (by losing these cases) or extremely positively (becoming tremendously wealthy as copyright holders).
People treat infringement with more of a Robin Hood mentality than normal stealing since you're copying rather than taking, and because big Intellectual Property Owners all happen to be tax cheats who all do fraudulent accounting to claim their profits all come from their Irish subsidiary yet feel entitled to government enforced monopolies on intellectual property.
You generally get sympathy if you're poor and infringing or being infringed, and don't if you're rich.
Saved [0], for whatever it's worth.
Clearly there are restrictions to what you can do with it (duplication, public performance, and so forth), but those restrictions are defined by copyright law. The notable exception is software, but it could be argued that licenses were a product of the need to duplicate software (e.g. install it to a hard drive). That said, modern software licenses do go far beyond that.
Then again, I may be misinterpreting the meaning of license. I have always views them as modifications to the rights granted by copyright law.
Buying a physical CD or an action figure of some copyrighted character follows that same principle, the wishes of the original publisher becomes irrelevant until copyright applies. So you can for example take family photos of your kid holding that Barbie without issue, even make copies of it and back it up to the cloud with no problem.
TLDR; To say a license exists implies some additional privilege, but that’s simply not the case here.
>> "The first sale doctrine, codified at 17 U.S.C. § 109, provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the interests of the copyright owner. The right to distribute ends, however, once the owner has sold that particular copy. See 17 U.S.C. § 109(a) & (c). Since the first sale doctrine never protects a defendant who makes unauthorized reproductions of a copyrighted work, the first sale doctrine cannot be a successful defense in cases that allege infringing reproduction."
For a good — and centuries-old — example, a https://en.wikipedia.org/wiki/Leasehold_estate is something that's "owned"... but only for a certain number of years.
Which is precisely why the courts tend to view misleadingly offering something for sale in the advertisement, and then adding contradictory conditions to that sale in the fine print, as just defrauding their customers. This blame the consumer mentality is impractical, unworkable, and legally wrong.
One I remember is “Adventure Time”. Just now searched my email and found receipts from iTunes Store for “Adventure Time Vol 1” dated 22 Nov 2013. I see receipts for the other seasons of the show too, they were not rentals as far as I’m aware. Then sometime in last few years the content disappeared from my account and devices. In fact I just opened up iTunes Store now, found the Adventure Time series still available on iTunes, but it’s asking to pay and saying I don’t have. This is exactly same AppleID I used 10 years ago to buy this content ugh.
Say you grew up as poor (90% of the world easily) and buying 1 original music CD equals to a week of net salary of your hard working parents just routed to that. This was the situation of me and all my peers when I was growing up. There was simply not an option to buy it legally, unless you accepted to go few days in full hunger mode (which folks think is easy until you are actually there and would literally kill people for food, our mind is really interesting and often very rational place).
So you either pirate or have nothing. Nothing was stolen with creating a copy since those money would never go to copyright owners. Now imagine computer game would require 2 or 3 weeks of similar sacrifice. Again, my choldhood/teenage years. On top of the fact you sometimes can't even buy it legally unless you commit to serious travel.
Yeah, I could go on for a very long time, just my own experiences, not even involving the simple fact that in many places including my current one downloading is completely legal and laws are very much OK with that. If I ever wanted to support artists I would send them money directly, there is always a way if one is serious enough.
But rich western kids want to do visible poses on trivialized topics and 'statements' to their peers even though its long term in vain and zero sum game, not wonder about deeper stuff and actually act upon it (with respect to exceptions).
If I hadn't pirated games as a kid, I would not have bought my PS5 or my Nintendo Switch or the Steam Deck. My Steam account has, like everyone else's, a few hundred games now and it's also full of games I once pirated. Funnily enough I haven't played them after purchasing them. But I bought these so I can install them easily. I'm still mad that I cannot find a legal copy of TMNT Out of the Shadows so I have to resort to using piracy for it but that doesn't work on the deck and I need to maintain a Windows PC if I want to play it.
I recently cancelled my Netflix Subscription and bought 6 8TB drives to build a NAS. I haven't gotten around to it yet but I've been downloading a couple of shows I've watched previously and miss, some of which can't be found on OTT in India.
If in 2023 you are telling me I cannot watch something because I am in India or because the production company simply didn't put it on a streaming platform, that gives me impetus to pirate it.
And if you have a show but without either certain episodes for the sake of censorship or if you're missing entire seasons even though it's been a year or more, that is definitely grounds for piracy.
It's even worse with manga and comics. I cannot legally gain access to some manga because they're not sold here and because I can't find them online. Tachiyomi exists and I love it.
Don't even get me started on how ebooks are fleecing us all. I switched to a Boox from a Kindle and I love my decision.
Which is basically what revoking a license to a digital only piece of content is.
Words do matter. I sense possible legal grounds for reimbursments if it wasn't crystal clear to the layman.
Anyway, never buy content you can't crack (make it drm-free) or even better, buy drm-free stuff from the start, but if you really want the best service with the highest quality that has the best portability go ask a pirate, it's been the same since 1600.
You should believe that Sony is trying to scam you. :-)
Your previous purchased and limited license to consume media from our partner Discovery is hereby revoked as we can written in our EULA (you have accepted that with your first setup of our excellent product THE PS5 super-slim) we love our customers and have a great day.
I agree entirely (in principle), but this isn't an option for certain platforms like the iOS App Store, or download-only games consoles (and I've been burned myself: most notably by EA removing their older games from the iOS App Store: not just them removing the ability to purchase old games, but even for people who had already paid for them to reinstall them (and who actually saves their IPA files? Is it even possible to install IPA files from a PC now that iTunes is dead?)
This is something that can only be done by law or something - IIRC, the recent pro-consumer legislation coming from the EU doesn't address "getting-to-keep-what-we-paid-for" - I'm hoping they'll get around to that soon, along with getting protections for data-sovereignty: it's kinda shocking how many popular Apps/SaaS services out there still don't let you export your data.
You don't need EU mommy to regulate the entire industry and make it harder for the next ios / android alternative
> make it harder for the next ios / android alternative
If the regulation prevents an alternative from being malicious I see that as a good thing?
This site is called "Hacker News", and not "Technology Hipster News". Since you likely are a hacker, you should have a pretty good idea what to do ... :-)
This is in fact where regulation can help (and like the EU's DMA already attempts to) get us back to a state where you can actually "hack" your way out of it by building an alternative that will be viable because it can interoperate with the incumbents.
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Or, are you suggesting piracy? I mean I sure know what to do, but none of my non-technical friends know, and frankly I'd rather live in a world where I can just pay a reasonable sum and not have to spend time maintaining a Plex/Jellyfin/*arr stack.
In the 90s, the same "arguments" held for Microsoft's applications. The hackers decided to build GNU/Linux and other open source operating systems.
Copyright law wasn't used to prevent adversarial interoperability back then. It does now, which is why you can't build alternative clients anymore unless you're out of reach of the US legal system (and even then, good luck getting it onto any app store since again, there are now gatekeepers to merely _installing_ software on one's machine).
I'm 100% on your side with that, artist should be fairly paid, consumer should not be f**'d, it's really that easy ;)
https://www.wired.com/story/how-to-get-your-google-stadia-re...
Although there is probably plenty of others.
> Google is taking the unprecedented step of paying back users for all the games they bought on its cloud gaming platform.
Google _voluntarily_ refunded their customers. It's unheard of and was, frankly, extremely unexpected. Good for Google and good for Stadia customers.
Assuming these were sold as a perpetual licence (and by the wording Sony used it looks like they were), by removing the content they are in breach of contract, that gets expensive and messy quickly, quicker easier and cheaper just to refund them.
There is obviously some kind of legal disagreement happening between Sony and Discovery, I doubt this is the end of it.
If someone broke into my house, stole something worth $100 and left behind $100 in cash, that wouldn't make it not theft, so why should this be different? If I buy a product, I should have full control over it for the purposes of personal use, nobody should have the right to take it from me without my consent, that's stealing and a refund doesn't justify it. If a corporation can do this and get away with it, the law has failed.
I hope PlayStation does not refund customers and that this is the catalyst we need to change content licensing to consumers. A purchased license should cross transcend platform lock-in and the removal of content from a given platform. If no platform exists for your content to be consumed then you should have the legal right to download the content.
It should not be legal to sell a perpetual or indefinite license on a specific platform. If it was clear that the license was only valid for x number of years consumers could factor that into their purchasing decision.
Nothing will change about this legally, nor the vast majority of customers seemingly care very much.
You still own the physical tape itself, and you have a perpetual right to play, copy, and modify the tape as much as you like, for personal use.
I’m not sure what you’re on about with “license” in this context. You own the VHS. Do with it what you like.
I am refuting the original poster's claim that "With DRM you never purchase _content_. You only purchase a _license_ to access it." This is true, but is meant to imply there is an alternative. There isn't, a you only have a license to the content in all cases, including DRM-free physical media.
Mostly that your license to the content of a VHS cannot be revoked arbitrarily after you purchase the VHS itself.
This is why it's still a license. Public performances are explicitly forbidden. So it's still not "yours."
Or, at very least stop spreading misinformation.
I'll stop when my rights are respected, promise.
Why not just buy physical media where available, and abstain where an acceptable legal option is not provided?
I'm not going to be nickle & dime'd. You were getting paid for my consumption and now you're not.
I hope the whole system dies, and maybe something better will take its place. I'm sure I won't miss Guardians of the Galaxy XXIV.
Is this because you thought GotG 1-3 were bad and they are just going to keep making more bad stuff, or because you thought GotG 1-3 were good but have pretty much wrapped up the story of those characters so it is now time to stop, or something else?
It's a much wider criticism. Not a specific series... or even media.
There are perverse incentives between producer, actor, and consumer in entertainment and so many other things.
In this light, I'd argue piracy is moral by not providing support to a corrupt system. Or at least serves as a means to prevent such a state
Especially with Linux gaming, I think Valve has made it more convenient to just buy games.
Because in addition to all the filthy pirated booty I stole, I would also show them this:
* My 350+ physical CD collection
* My 200+ physical DVD/Blu-Ray
* My entire merch collection for Nine Inch Nails (>$1000)
* My entire merch collection for Rings of Saturn (>$1000)
* My merch collection from many, many, many other bands
* Pages of receipts from Bandcamp and other e-media distributors
* Pages of receipts from direct payments to artists themselves
* The mass of ticket stubs I've acquired from live shows
* The mass of movie ticket stubs I've acquired from theaters
I'm never paying for entertainment again. I paid my dues and the industry has done nothing but fuck me and everyone else.Fuck them. It's over.
Have fun paying to sing "Happy Birthday".
But you also don't have the right to decide "but I still want to consume the content that comes out in the future" and take it without paying. Doing that is no better, morally, than this shit which Sony is pulling. It's taking something which doesn't belong to you. If one does that, then their ideals are hollow and they really were just rationalizing their own selfish behavior. I'm not accusing you specifically of that, but it is depressingly common.
Even better stop supporting / participating in DRMd walled gardens.
Blu-Ray has a thing called BD+ on it, which lets content companies run arbitrary native code on your player (among other things). It also lets you update your player's key revocation list for HDCP. So either of these mechanisms could be used to render your old purchased content unplayable.
That's literally evil.
AACS2 allows for carrying revocation lists on discs now.
DRM stands for Digital Rights Management, but I call it Digital Restrictions Management cause that's what it is from users point of view.
The one thing I'm not 100% certain on is if HDCP revocation list updates go through BD+ or if there's a separate mechanism for those updates. However, BD+ code gets to inspect your player software and modify it, which is sufficient capability to do updates, even if they don't use it for such.
I also don't know if they continue to release updated BD+ code or if they've given up on that.
I have continuously rediscovered that files in inaccessible formats become inaccessible after time, time and time again.
They already did that for PC playback for example, revoking keys for several players.
Even physical media has DRM.
Stop giving companies money when they abuse you. It’s a vote for more abuse.
Allowing people to download what they purchased and allowing account transfers to your kids when you pass away should become legal rights.
No idea why people want to pay money to be scammed by these media companies who see you as a number in a spreadsheet and nothing more.
The point is that one side can "legally" do that the other can not (in most countries). It's really not about the technical side of it, but the legal one.
If this was a genuine mistake on Sony's part, and not intentional deception maybe it is more a civil product liability matter (as long as they refund customers) rather than a criminal one.
Disclaimer: IANAL, not legal advice.
This term was coopted by the MAFIAA because literal descriptions such as file sharing or unauthorized copying are not objectionable to the general public who see them as minor / insignificant and thus are not sensational enough to draw the outrage needed to enact disproportionate criminal penalties(3) and thus preserve their monopolistic(2) profits.
1 - https://en.wikipedia.org/wiki/Piracy
2 - By way of ridiculously long copyright terms or distribution oligopolies / monopolies
3 - See 'conspiracy to commit' charges carrying de-facto life in prison penalties
Source: OED [1],
2. fig. The appropriation and reproduction of an invention or work of another for one's own profit, without authority; infringement of the rights conferred by a patent or copyright.
1771 Luckombe Hist. Print. 76 They..would suffer by this act of piracy, since it was likely to prove a very bad edition.
[1] https://archive.org/details/the-oxford-english-dictionary-19...
The word "piracy" is only applicable to sketchy businesses who profit off someone else's work without permission.
I'm at 560 movies with AV1. I started my local collection again after a long time. My family uses my Jellyfin.
Buy the physical medium.
Then again a digital newspaper subscription be a scam as well if they did not offer you full permanent access to all issues released during time you subscribed.
About 1318 titles.
Pirate it or get it in Blu-ray.