Comment on Sony Steals Customers' Purchased Content - Piracy is COMPLETELY JUSTIFIED!
atrielienz@lemmy.world 9 months agoHow much of that money is their to refund? A portion of that sale went to WB? Why is WB not being asked to give a refund?
Comment on Sony Steals Customers' Purchased Content - Piracy is COMPLETELY JUSTIFIED!
atrielienz@lemmy.world 9 months agoHow much of that money is their to refund? A portion of that sale went to WB? Why is WB not being asked to give a refund?
Aceticon@lemmy.world 9 months ago
Sony entered in a contractual relationship with their customers and by Law the responsability ends there.
If you pay somebody to build you a garden shed and after 5 months of nothing happenning you complain and the builder can just say “sorry, the fly-by-night wood supliers whe paid for the wood just took of with our money, so you’re not going to get a shed and we’ll keep your money” and that’s alright?!
Imagine what would it do to Trade and Business in general if any supplier could legally screw a customer over because they themselves chose to to engage a fishy entity as their own supplier who screwed them, so they just passed on that loss legally to all their costumers.
No, the way things work is that each contractual relationship is isolated from all others, so Sony got full freedom to chose what kind of contract they signed with WB and what contract they “signed” with their retail customers (note that retail sales are implied Contracts and there are legally mandatory implied clauses in any contracts with retail customers, covering for example legally mandated guarantees periods) - likely profiting a lot by chosing the short-term commitment with WB rather than one that tied WB for, say, 20 years - and any mismatch of obligations that might arise from that is entirelly the responsability of Sony.
Sony got to keep the profits from their own choices of licensing contracts and now it’s up to them to make up for the losses derived from the consequences that choice, on other contracts were they themselves were acting as the supplier.
atrielienz@lemmy.world 9 months ago
You should go read the licensing agreement. For all the companies, not just Sony because like I said before they all have done this. WB would sue Sony into the ground for breech of contract if they didn’t remove those shows. They’re doing what they are legally obligated to do. I’m not advocating for letting sony off the hook here. I’m saying this will continue to happen every time a license holder decides to cut out the middleman and make their own streaming service, and unless you hold those license holders accountable it will keep happening because it is legal.
Aceticon@lemmy.world 9 months ago
Ultimatelly it depends on the local laws of each country.
In plenty of countries, in Agreements with Retail Customers, there are by Law various things which if present in the Agreement are considered invalid hence null and void. Also there are mandatory “clarity” and “upfront” criteria for certain kinds of Agreements terms.
So not only would Sony have to have in the User Agreement a clause or clauses covering the possibility that purchased viewing rights might be unilaterally withdrawn at any time by Sony, it would have to be in a form considered legally valid in a Legal Jurisdiction (i.e. such clause has to be valid and it has to obbey local regulations on clarity and proeminence and in an User Agreement which is actually valid (EULAs are not valid in most of the World because they are only presented post-sale).
Of course in the “Fuck You Plebes” United States, pretty much everything goes - unless proven otherwise after somebody spent millions in a court case - so an obscure clause in an EULA de facto suffices in pretty much all but the State were Sony America has its HQ.
atrielienz@lemmy.world 9 months ago
There is. That’s what I’m telling you. The agreement between the customer and Sony stipulates that the license can be revoked by the license holder at any time and in that case their purchases will not be reimbursed. That language is there specifically to protect them.
But either way you’re failing to take the main point into account which is that WB is not facing backlash for this, but Sony is. Both of them should face this backlash together.
“SONY grants you a limited, non-exclusive, personal, non-transferable license to use the SOFTWARE solely in connection with your compatible device (including, but not limited to, SONY’s products which the SOFTWARE is embedded in or bundled with) (“DEVICE”) solely in accordance with this EULA and the usage instructions as may be made available to you by SONY or the THIRD-PARTY SUPPLIERS. SONY and the THIRD-PARTY SUPPLIERS expressly reserve all rights, title and interest (including, but not limited to, all intellectual property rights) in and to the SOFTWARE that this EULA does not specifically grant to you.”
The license is revoked and is not transferable. Believe me when I say that none of the companies that have had this issue previously have reimbursed their customers in any countries that I can find due to riders like this.
This is an article from the last time this happened with Sony.
pcmag.com/…/studio-canal-movies-purchased-on-play….