9 votes

Brazilian court orders Sony to unban PS5 console

10 comments

  1. [9]
    mrbig
    (edited )
    Link
    The website is awful on mobile and/or without Adblock, so here’s an outline link: https://outline.com/VPBgTC Article is in Portuguese. The “absurd” price of the console in Brazilian Reais is...

    The website is awful on mobile and/or without Adblock, so here’s an outline link: https://outline.com/VPBgTC

    Article is in Portuguese. The “absurd” price of the console in Brazilian Reais is singled out on the headline.

    Translated excerpts:

    the decision is the first against the company in Brazil. Sony has been punishing players with total and permanent ban of the devices.

    Sony is banning players without presenting reasons or possible violations

    Given the irreparable damage for the consumer, the judge determined a penalty for Sony of 200 Brazilian reais a day, up to the full value of the device

    “Sony’s practice is like if violating Netflix terms of use rendered your television set completely useless for all purposes”, said a specialist.

    8 votes
    1. [8]
      skybrian
      Link Parent
      I bet they could get a good price if they sold it though, so it's not quite the same? Or is the hardware disabled entirely? It would make sense that if they ban someone, they have to buy back the...

      I bet they could get a good price if they sold it though, so it's not quite the same? Or is the hardware disabled entirely?

      It would make sense that if they ban someone, they have to buy back the hardware.

      5 votes
      1. [7]
        mrbig
        (edited )
        Link Parent
        Either way, the consumer should not be responsible for reselling it, and they should get every penny paid for the device. But the main point, in my view, is that Sony doesn’t even present a...

        Either way, the consumer should not be responsible for reselling it, and they should get every penny paid for the device.

        But the main point, in my view, is that Sony doesn’t even present a justification for the ban, making any appeal either impossible or unreasonably difficult. I’ve had an issue with Sony before, and it was not clear at all how an appeal should be conducted. It was awful, to say the least, and I vowed to never purchase a Sony product ever again.

        I should also notice that such bans make all your previous purchases entirely inaccessible, including games without any multiplayer or exclusively online main features. Most gamers have a lot of money in downloaded games, so that can be a catastrophic event for them.

        7 votes
        1. [6]
          babypuncher
          Link Parent
          I take issue with the ruling for two reasons: 1: Sony doesn't ban people willy-nilly for no reason. They have no reason too, and I think it's funny people think that they would. Sony bans consoles...

          I take issue with the ruling for two reasons:

          1: Sony doesn't ban people willy-nilly for no reason. They have no reason too, and I think it's funny people think that they would. Sony bans consoles from online services if they detect that the security of the device has been compromised, usually to allow for cheating and pirated games. Sony shouldn't have to allow an untrusted console on their network any more than Valve should have to let CS:GO cheaters continue playing online.

          2: Banned consoles aren't bricked, they just aren't allowed to connect to PSN. They still play games offline just fine. The judge's comparison to Netflix making your TV unusable makes no sense.

          People who want to use their console online should not do things that will get their console banned. It's not that hard. When I want to get into the homebrew scene of a console that is still supported by the manufacturer, I make a point of acquiring a second unit specifically for that purpose. However I'm willing to bet that 99% of the people running into this problem have no real interest in homebrew, they just want to play the latest Call of Duty or FIFA for free.

          3 votes
          1. [5]
            mrbig
            (edited )
            Link Parent
            It doesn’t matter if Sony have reasons or not for the ban, for the court what matters is that the reasons were not presented and therefore cannot be evaluated by the judge. In Brazilian law, the...

            It doesn’t matter if Sony have reasons or not for the ban, for the court what matters is that the reasons were not presented and therefore cannot be evaluated by the judge. In Brazilian law, the burden of proof is on the company, not the consumer.

            Trust is not something the court can evaluate, really.

            Besides, the main purpose of a console is to run games. A console that plays Netflix but cannot run games is like a television set that can get satellite radio but does not display any images.

            Also, that is false:

            They still play games offline just fine

            All games must check-in every once in a while and will not be playable after some time. Even offline games.

            Edit: the judge wasn’t the one making the comparison, that was an specialist (likely a lawyer).

            8 votes
            1. [4]
              babypuncher
              (edited )
              Link Parent
              Sony made a pretty big deal about offline PS4 games never requiring an internet connection for any reason back in 2013 when Microsoft was drawing criticism for their alternative plans for the Xbox.

              Sony made a pretty big deal about offline PS4 games never requiring an internet connection for any reason back in 2013 when Microsoft was drawing criticism for their alternative plans for the Xbox.

              1 vote
              1. [3]
                mrbig
                Link Parent
                I was locked out from my PS4 for a few days and literally couldn’t play many purchased offline games.

                I was locked out from my PS4 for a few days and literally couldn’t play many purchased offline games.

                1 vote
                1. [2]
                  babypuncher
                  Link Parent
                  Games downloaded from your PSN account maybe, but any discs you stick in the console will work fine. The periodic check can usually be prevented by making the console the primary console for your...

                  Games downloaded from your PSN account maybe, but any discs you stick in the console will work fine.

                  The periodic check can usually be prevented by making the console the primary console for your account, but this needs to be done while online. I've left my PS4 offline for months without any real issues, even my PS+ games still work as long as my subscription's expiration date was far enough in the future when I last had it online. I don't know if any downloaded games work after a ban though.

                  1 vote
                  1. mrbig
                    Link Parent
                    Yes, those were downloaded games. Which I believe are the majority nowadays.

                    Yes, those were downloaded games. Which I believe are the majority nowadays.

                    7 votes
  2. mrbig
    Link
    To be clearer, while that can change, this is currently an injunction (“liminar”) that only affects the author of the claim. This is not about every console sold in Brazil. If there are mods...

    To be clearer, while that can change, this is currently an injunction (“liminar”) that only affects the author of the claim. This is not about every console sold in Brazil. If there are mods around, I’d appreciate if you could remove the plural from the word “consoles” in the title. My bad. Thanks.

    5 votes