Copy Protected Playstation 3 Video Game Save Data

[job4chris]

What is the name of your state (only U.S. law)? VA

I was curious about this issue more as a matter of principle concerning Sony's policies regarding user generated data on a Playstation 3 gaming console.

Some Playstation 3 Video game developers have chosen to copy protect save data that is generated by the user and contains the user's game play progress thus preventing this data from being transferred to another Playstation 3 gaming console due to console failure or other justifiable reasons. In my mind, this practice may be illegal under the terms of fair use. I'm of the opinion that using a program such as Microsoft Word for example, you pay for the license to use the program but the documents you create with it are your intellectual property to distribute or do with as you please. In the case with the Playstation 3 gaming console, the games themselves would be the application in this example and the game play progress data that is generated would be the equivalent of a Word document in this analogy and therefore, property of the consumer to do with as he or she sees fit.

My argument is that this game save data that is generated in the coarse of using the application is my intellectual property and that the developer doesn't have the right to restrict my ability to copy it.

Any thoughts?

[Zigner]

I think you' d lose this one... (Sony's got a bigger wallet than you do)

[xylene]

Originally Posted by job4chris

What is the name of your state (only U.S. law)? VA

I was curious about this issue more as a matter of principle concerning Sony's policies regarding user generated data on a Playstation 3 gaming console.

Some Playstation 3 Video game developers have chosen to copy protect save data that is generated by the user and contains the user's game play progress thus preventing this data from being transferred to another Playstation 3 gaming console due to console failure or other justifiable reasons. In my mind, this practice may be illegal under the terms of fair use. I'm of the opinion that using a program such as Microsoft Word for example, you pay for the license to use the program but the documents you create with it are your intellectual property to distribute or do with as you please. In the case with the Playstation 3 gaming console, the games themselves would be the application in this example and the game play progress data that is generated would be the equivalent of a Word document in this analogy and therefore, property of the consumer to do with as he or she sees fit.

My argument is that this game save data that is generated in the coarse of using the application is my intellectual property and that the developer doesn't have the right to restrict my ability to copy it.

Any thoughts?

If microsoft wanted to omit the save function from word, you would not a case.

You bought a piece of software that lacks a desirable function.

That reduces its value, it doesn't mean it is violating your property rights

A pencil sold with no eraser is just a less valuable tool.

Next time purchase software that incorporates the features you want, complain to those that don't.

[job4chris]

I guess the point I was trying to make in a situation such as this is it's not stated in any terms of service or EULA that such a limitation exists therefore there is no warning what so ever prior to use. If you create something outside the context of a contract or employment isn't that creative work your intellectual property and if it is wouldn't it be illegal for somebody else to restrict what you can and cannot do with that work?

[xylene]

Originally Posted by job4chris

I guess the point I was trying to make in a situation such as this is it's not stated in any terms of service or EULA that such a limitation exists therefore there is no warning what so ever prior to use. If you create something outside the context of a contract or employment isn't that creative work your intellectual property and if it is wouldn't it be illegal for somebody else to restrict what you can and cannot do with that work?

1. That isn't true that there are no restrictions. Probably your save files are not intellectual property. You could have an interesting but expensive case. Game manufacturers are not going to cede that kind of control. And there are surely arguments (that I care not to research) that game save states are part of the copyrighted game, not new intellectual property.

2. The lack of notice is not a fault. Still on Microsoft metaphors - I don't get a damn refund on Office 2007 for there not being a warning in the EULA that the Ribbon sucks

[job4chris]

It certainly would be an interesting case none the less. Sony does have deep pockets however if my fundamental argument is at least somewhat plausible I'd be willing to bet they would be anxious to keep the case from being litigated in order to prevent forfeiting the legal ambiguity the situation presents in order to prevent a legal precedent from being established so that they try something like this again in the future.

It's only a small number of game titles so far that have their save data locked so that it cannot be copied however the practice does unfairly punish honest consumers that are impacted by a failure of their Playstation 3 game consoles.

[tranquility]

Sony realized their error as a money-sucking machine with the PSP and changed it with the PSP Go. No longer do you get a disk with the game on it, which has some value in the after market when you've touched all the walls in the game (and which cuts into the first sale market to other suckers), now it's download only. Non-transferrable download.

Coincidence?

Same here, while you say you're backing up, I wonder if there would be a market for developed characters? Special weapons? Maybe they'll tap that money souce someday.

If they find out, they will sue. Not doing so affects the value of their intellectual property. They have buildings of lawyers on staff. The marginal cost of a suit, if they really want to win, is fairly insignificant. They could cost you tens of thousands just for discovery. If you had an actual argument that worried them, that would be motivation to crush you, not a disincentive.