It may be harder like you say but the law doesn't really see it any differently PC vs Console if you want to archive/backup your digital game media.
It may be harder like you say but the law doesn't really see it any differently PC vs Console if you want to archive/backup your digital game media.
If you remove the DRM, then you do actually own the thing for practical purposes. And non-ownership of things you buy is unjust, so entertaining the law here is silly.
Don't move the goalposts.
The only thing I am conceding is that conceptually it still ownership if you own the encrypted bits but they work fine with some other hardware that has the keys to decrypt them. I can backup my games on one playstation and play them on another.
Otherwise, we agree ideologically. At the same time I'm rhetorically supporting the point at the top of the thread that this has been a problem long before Sony decided to go digital. I am copyleft and anti-drm and whatever else you can imagine. It doesn't change the fact that there's a precedent that consumers will purchase drm games that require a rootkit to run under ambiguous terms that make it clear they don't own the bytes and it's a true observation that for some reason people allow this to happen on PC but when Sony does it it's the end of the world. I think to make progress here you need to address the root of the issue legally, not attack Sony for doing what society has condoned for decades.
There are reasons to criticize Valve (gambling, microtransactions, "achievements"), but they seem to be too busy making money to want to do DRM.
Both Valve and Sony run a completely legal video game platform service. There are minor differences here and there, of course… but this is 100% a general intellectual property law problem, not an instanced technical implementation issue.
The vast majority check whether you've purchased the game at runtime. If you stick to only indie games and the one off AA or AAA with no license check on Steam then sure thou-art-holier.
I think the argument is more precisely made by saying: on Steam, while the platform supports DRM, the decision is up to the publisher whether or not a game will use it and at least that provides the option for consumers to speak with their wallet and play only DRM free games. On Playstation it's all or nothing, you have to reject the entire platform/ecosystem if you want to avoid DRM.
At large, the problem still remains that our society allows DRM in the first place and if people want to avoid it then they need to be principled activists.
> The Steam DRM wrapper by itself is not an anti-piracy solution. The Steam DRM wrapper protects against extremely casual piracy... but it is easily removed
And it takes about 2 seconds to find the removal tools on github. So you can treat Steam's DRM as basically non-existent. This is unlike consoles, which require kernel exploits or hardware modifications to bypass.
[0] https://partner.steamgames.com/doc/features/drm?l=english
I'm not interesting in bickering over who's DRM is the easiest to remove XD
In the US it's not piracy to make archival backups of digital media that you own in the first place, anyway. Even so, nothing gives you the right to use the software in ways that violate the EULA (except for your rights under the DMCA to create archival copies) regardless of whether you backed up the media with or without the DRM.
To put it plainly your right to create an archival copy does not extend to a right to run the media on unsupported/licensed hardware & software. I think that's an issue that should be solved, we likely agree, but let's not pretend that the situation with Steam is somehow healthy for society whereas with Sony it's not just because the DRM is slightly easier to circumvent.
Correct, that right is innate.
> your right to create an archival copy does not extend to a right to run the media on unsupported/licensed hardware & software
It does. Not even morally, but legally. Sony litigated this and lost, but bankrupted the emulator developer in the process. Emulators and compatible hardware and software have been consistently ruled legal. It is only the bypassing of copy protection that is not.
And if you're not interested in the feasibility of asserting your rights by removing the DRM, then naturally you'll never understand why people consider Valve and Sony materially different.
The Connectix case doesn't establish a right to circumvent DRM to play games that you "own". It only provides fair use protections for emulator developers.
The Bleem case (the one where the president said the litigation bankrupt them) has to do with game screenshots in comparative advertising.
And probably most apropos, irrespective of whether DRM is used or not, there is no protection in the DMCA or other US code that allows you to circumvent an authentication check in order to play a game. So "just remove the steam dll load command, it's trivial" exposes you to the same level of legal liability as "ugh I have to strip the Sony DRM then crack my copy of <sony exclusive>".
If you look at what's happened recently, there are narrow regulatory exemptions, issued in 2024 and codified at 37 C.F.R. § 201.40(b)(19) that cover, among other things, restoring personal local play of lawfully acquired complete games after required authentication-server support ends. Other provisions permit preservation by eligible libraries, archives, and museums, including limited circumvention of console software. They do not establish a general personal right to jailbreak any console or decrypt any purchased game.
Very respectfully, I think you're conflating a few different things here. I very much wish the world was as you are trying to assert. But my own understanding of US law and case law and a check against Astra don't corroborate your claims.