Random Thoughts – Randocity!

Can I sell my video game?

Posted in nintendo, Playstation, video game, xbox by commorancy on April 27, 2019

The answer to this question depends on how the game was originally sold to you. Let’s explore.

United States and First-Sale Doctrine

The United States has a lesser understood, but very powerful doctrine known as the “First-sale Doctrine”. This doctrine defines important limitations and exclusions afforded to purchasers of copyrighted (and trademarked) materials. This doctrine is so important that without it, copyrighted and trademarked works couldn’t easily be sold and definitely couldn’t be resold. Basically, this doctrine allows (and is designed) to allow resale of copyrighted works without having to notify or turn over resale profits to the original creator. Via the ‘exhaustion rule’, the original creator ‘exhausts’ specific resale rights once he or she sells a copy of that work to someone else.

Originally, the First-sale Doctrine covered such physical media as books and records. At the time of the the creation of this doctrine, digital media wasn’t in existence. However, this doctrine has also come to apply to software delivered on physical media (such as CD-ROM, DVD-ROM, Hard Drive and even Flash ROMs). Software includes music, movies and, yes, even video games.

In short, this doctrine says that once a creator who holds all rights to a specific work sells a copy of that work, the creator relinquishes all further sales rights (among other rights) of that specific copy. For example, if an author writes a book and a copy of that book is printed and sold, the creator no longer holds any further sales rights to that physical copy of that physical book. If the new owner (purchaser) of that book chooses to sell it, burn it, chop it up into pieces or hold onto it, that’s entirely the purchaser’s right. The one right that is not given to the purchaser is the right to make new copies of it.

However, the new owner can sell their original copy of that book for any amount of money they wish and the original creator no longer has any claim over that sale as that was exhausted after the “First Sale”… hence, this doctrine’s name.

Physical Media Video Games

With video games delivered on physical media, like a CD, DVD or similar, in the US the First-sale Doctrine applies. The copyrighted work exists within a legitimate “First Sale” purchased media. This means that as the “First Sale” purchaser, you now enjoy resale rights given to you over that media. This means you can take that video game DVD back to Gamestop or any other used game seller and sell it back to them for any amount of money they choose to give you. You can also sell it to a friend or put it on eBay and sell it to anyone who wishes to buys it.

Owning a physical original “First Sale” copy of a video game gives you the right of resale.

Buying Used Games

Buying a used video game also affords you “First Sale” rights over that original media. Even though the used physical copy wasn’t sold to you by the content creator (does that ever happen anyway?), the “First-sale Doctrine” still applies to all purchases of original media. However, if the game is counterfeit or has violated copyrights to come to exist, these are unauthorized copies not protected by the “First-sale Doctrine”. Only authorized copies of works are protected by the First-sale Doctrine.

Digital Video Game Sales?

With digital video game sales, this is where things get tricky and where the waters get murky with regards to the First-sale Doctrine. Why? Because it’s a bit more tricky to determine the “original media”. With a DVD that was produced by a manufacturer authorized by the creator, the chain of change in ownership is clear.

When you download a copy of a video game to a hard drive, the chain of ownership remains unclear. In order to sell a single digital copy of a game, you’d have to make a copy to sell it. This new copy would infringe on the copyright holder’s “copy” rights. That means you would have to make an illegal and unauthorized copy to sell it. For this reason, you can’t sell a digitally downloaded copy easily. However, that doesn’t mean the game can’t be sold. It just can’t be sold in the way that you think.

With that said, you can sell your digital video game copies under a very specific circumstance. It will also not violate copyright laws and the sale will adhere to the First-sale Doctrine. Once you click the download button to download that digital copy, the game will be stored on your hard drive on your console or computer. So long as you do not move, copy or transfer that data to another media, that “First Sale” video game is stored on its original media. That means that the copy stored on your hard drive is the “First Sale” copy.

Why is the “First Sale” copy important? It’s important because this copy is the original (and only) copy you received from the purchase.

How Can I Sell a Digital Game?

How can you sell it? Well, that’s the tricky part. You can’t sell only that game. You can only sell the media it lives on. This means you’d need to sell the hard drive that that game lives on. Unfortunately, that’s not enough to authorize play of the game. That hard drive also resides in computer or console.

For PlayStation and Xbox and likely the Switch, there’s also a “license to play” which is part of, but separate from the game download. This “license” lives in a separate location and must be present for the game to play on that console. That “license” is also tied to your “Store” account with Xbox, PlayStation and Switch.

This means that to sell your digitally downloaded games (plural), you’d need to sell not only the hard drive, but the entire console AND your Xbox Live, PSN or Nintendo ID account to have the First-sale Doctrine apply. Basically, you’ll have sold everything needed to ensure the game will play. Of course, you’ll have sold your whole console and all other games along with it. Yeah, it’s kind of overkill, but it’s the only way to sell digital games and stay within the First-sale Doctrine.

With physical media, the license is the media itself. With digital media, the licenses are stored separately and become part of your network account. This means you have to sell the console, hard drive (and all games and content) and your network account. Selling a physical copy of a game is, then, much easier.

Copying Games

The Xbox and the PlayStation allow for copying games from one media to another. The difficulty with this process is that it likely invalidates the First-sale Doctrine. In order to copy a game from your internal media to an external drive, the system has to make a full and complete copy before deleting the original.

Once the system deletes the original, only the second copy remains. This second copy may violate (and invalidate) the First-sale Doctrine. No longer are you playing the original “First Sale” copy. Now, you are playing a copy of a copy that the PlayStation or the Xbox created. However, content creators using the Xbox or PlayStation stores may have to agree to authorize this copying process in advance. If the developer legal agreements require this, then any copied games may still be protected by the First-sale Doctrine.

What this all means, though, is if you sell your console with any games which have been moved from one drive to another, you may not be protected by the First-sale Doctrine.

This situation also exists if you delete your “First Sale” copy from the hard drive, then re-download the game from the store later. No longer are you technically playing the “First Sale” copy. This makes the “First-sale Doctrine” more difficult to apply to video game and harder to know if “First Sale” still applies. It gets even more complicated with…

Game Updates

Because video games require periodic updates to fix bugs and improve the game, this may also invalidate the “First Sale”. Even though the updated copy comes from the original creator, what you bought isn’t what you’re playing after an update. Unfortunately, these nuances to video games, copyrights and “First Sale” have not been challenged in a court. Only a court of law could rule on what applies and what doesn’t under such circumstances as game updates and when copying from one media to another using built-in system tools.

Selling your Console

To sell a specific digitally purchased video game, you’d have to sell not only your entire console unit, you’d have to sell your network ID account that authorizes play of those games. If you did this, you can legally sell these digital copies of your games under “First Sale”.

However, you’re not technically selling a game itself. You’re selling the console and everything that it contains, including all digital copies. To allow for those games to be played by the new buyer and to ensure the seller relinquishes all access to those “First Sale” copies to the buyer, you’d have to sell them your network ID. This means that you have transferred all “First Sale” rights of any games on the console to the buyer and you have entirely relinquished access to those games for yourself.

For you to play a game that was on that console again, you’d have to purchase it anew on a new console using a new network ID.

Game Saves

Saved games are not part of the original “First Sale” game download. These are created separately by the game as User Generated Content after playing the game. In theory, you should be able to make external copies of your saved games (as long as the console allows for this) and import these into any new console you purchase later. This way you could continue playing a game should you buy that game again in the future.

With that said, if a saved game contains any copyrighted content used within the game, copying your saved games might cause copyright issues for you. Though, it would be a separate copyright concern from the game itself. Your game saves are separate content from the game and were created as part of playing the game. With game saves, the player might even be able to argue some copyrights over saved games depending on exactly what is stored in the game save.

For example, if you’re using a music program and you create digital music, when you create a save from that application, you own that game save and you own any original music content you created as part of creating that digital music. The same concept applies to a video game. Because you were playing the game, a game save may contain unique things to your specific game play through. This means that that content is unique to you for that game. As a result, you may own portions of that created content… the portions that were unique to your game play.

However, if the game save contains copyrighted music files, image files or similar, you won’t be able to claim ownership over that content. You can only claim ownership over the content that’s unique to your play through (i.e., your character’s appearance, your character’s wielded weapons, your character’s clothing combination, your character’s stats). All of these character stats combine to create something unique to you… and you may be able to own the copyrights over that uniquely created content.

One thing is certain, save games are not considered as part of the “First Sale” of the game itself. Game saves are items created by the game after the game has been sold to you.

Overall

Can you sell your video game? Yes, under specific circumstances described above. Purchasing physical media of a game is by far the easiest way to resell your game without any problems. Physical copies of video games are completely protected by the First-sale Doctrine.

Unfortunately, selling an individual digital download copy of a video game you purchased through an online game store and downloaded directly to your console (or PC) isn’t possible. While you can’t sell an individual game, you can sell the entire console (or PC), its hard drive(s) and all account(s) associated with the games and that sale will fall under the First-sale Doctrine. Unfortunately, that means you lose access to your entire video game system and any game library you had amassed while you owned the system. No, it’s not in any way optimal, but this is the only one afforded to digital goods consumers under the current U.S. copyright laws.

If you wish to be able to sell individual video games easily after you’re done playing, you’ll need to stick with purchasing physical media boxed copies from a store.

Disclaimer: This answer is written for United States residents. If you’re reading this in another country, you should consult with your country’s own copyright laws for details regarding video game resale rights.

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Crafting Medicines in Fallout 76

Posted in howto, tips, video gaming by commorancy on March 27, 2019

CraftingStationIf you’re interested in crafting medicines within Fallout 76, this guide should hopefully help get the most out of your crafting. Let’s explore.

Crafting Perks

If you’re interested in crafting anything in Fallout 76, it’s worthwhile to consider all of the perks you’re going to need to get the most out of your ingredients. For crafting medicines and chems, you’ll want to invest in the following perks:

  • Green Thumb — Doubles what you pick from plants. (Perception)
  • Super Duper — A chance to double what you craft. (Luck)
  • Chemist — Doubles all items crafted on a chemistry table. (Intelligence)
  • Aquaboy/Aquagirl — Lets you walk in water without taking radiation damage (Endurance)
  • Butcher’s Bounty — When crafting items that require meat, you’ll also want to invest in this card to get more meat from your kills. (Perception)
  • Good With Salt — While this one is not strictly that necessary, it’s a great option for carting around ingredients for longer periods without spoiling. (Luck)
  • Sunkissed — Removes radiation damage from 6AM to 6PM in-game time. (Endurance)

Green Thumb, Aquaboy/Aquagirl and Chemist are 1 star cards. However, Super Duper and Butcher’s Bounty are 3 star cards and increases your chances with each star.  Super Duper offers a chance to double your creations with all crafting station types with the exception of the Brewing Station (at the moment) and when bulking items. You’ll want to max out Super Duper to get the most out of your crafting.

Good With Salt is also a 3 star card and it is well worth ranking this card up to the max if you intend to carry around foods and drinks that spoil. This card is great for keeping ingredients from spoiling before you get back to a chemistry station to craft.

Crafting Medicines

The two most important items in the game to keeping your character alive and healthy are Radaway and Stimpaks. The Recipe for Stimpaks can be found at the Enclave bunker MODUS medical wing seller. You’ll need to join and get access to the Enclave bunker to obtain this recipe. Unfortunately, the recipe for Radaway isn’t quite so easy to obtain. You’ll need to play various events and you may eventually be awarded this recipe at concluding the event. The Radaway recipe will most probably require a wee bit of grinding.

Another recipe that you find early on in the game is Healing Salve. This recipe is about half of the strength of a Stimpak and is a great option if you can’t get the Stimpak recipe. This is also easy to craft from readily available ingredients.

Because Bethesda’s Fallout 76 is a dynamic changing online game experience, patches and server updates can change the amounts and types of ingredients required for recipes. This means the recipes listed below are correct at the time of this article. However, Bethesda could change the requirements at any time. Always check at the crafting table to be sure you are collecting the correct ingredients for any specific recipe.

Recipes

For Stimpaks, you’ll need the following:

  • 2 Antiseptic
  • 1 Bloodpack
  • 1 Steel

To make a Bloodpack, you’ll need:

  • 1 Antiseptic
  • 2 Tick Blood (use Butcher’s Bounty)

For Radaway, you’ll need:

  • 2 Antiseptic
  • 3 Glowing Fungus (use Green Thumb)
  • 1 Plastic
  • 1 Purified Water

For Healing Salve (Forest), you’ll need:

  • 1 Bloodleaf (Green Thumb)
  • 1 Boiled Water
  • 1 Soot Flower (Green Thumb)

For Disease Cure (Forest), you’ll need:

  • 1 Bloodleaf
  • 1 Boiled Water
  • 1 Firecap (Green Thumb)
  • 1 Snaptail Reed (Green Thumb)

To make Sugar, you’ll need

  • 2 Snaptail Reed
  • 1 Wood

While Sugar isn’t used in healing recipes, it’s great for foods, particularly Sweet Rolls and Lemonade. You’ll probably have some Snaptail Reed left over after crafting, which is why the Sugar recipe is listed.

Locations for Ingredients

To make all of these ingredients using forest recipes, you can find what you need starting at slightly north on the hill of Gauley Mine down to the red railroad bridge, then walking the creek all the way down the just past Vault-Tec Agricultural center in Flatwood. Near Gauley Mine, you’ll find Firecaps on logs. At the bridge across the creek across from the Overseer’s camp, the Firecaps stop and this begins the area with Bloodleaf, Snaptail Reed and Glowing Fungus. Between Gauley Mine and the Bridge, you’ll find Firecaps (not far from the water) and Snaptail Reed.

The forested regions will also contain Starlight Creeper, Firecracker Berry, Soot Flower and Wood.

There are other recipes you can find for other regions like Toxic Valley, The Mire, The Cranberry Bog and so on. However, because of the relative closeness to the Vault 76 fast travel point, it’s easiest to focus on the Forest recipes as these are the ones you are likely to come across first… and they also have the easiest locations to reach and easiest ingredients to obtain.

Sources for Antiseptic

In some of these recipes, you may need antiseptic. This can be had easily by killing ticks and picking up their Blood Sacs. Unfortunately, you can only use Butcher’s Bounty on ticks for Tick Blood, not their Blood Sacs. If they don’t drop a sac, you’ll need to locate and kill a different tick.

Two good spots for killing about 6-8 ticks is Moonshiner’s Shack just below Vault 76 and Gilman Lumber Mill immediately south of Moonshiner’s Shack. These are great for harvesting when you’ll need to produce Stimpaks. You can sometimes find ticks in the wooded area of Camden Park near the Railroad.

Abraxo Cleaner is also another source of Antiseptic. You can usually find boxes of this sitting around kitchens and other facilities. Toothpaste and Turpentine are other sources.

Why Perk Cards?

With Green Thumb, Chemist and Super Duper, you can effectively double what you get at each step. Green Thumb doubles what you pick. Chemist Doubles what you make. Super Duper doubles that. You can easily end up with half to double more than what you expect. It’s well worth using these cards if you need larger quantities of Stimpaks or Radaway. With these cards, you can make hundreds easily… instead of relying on finding 1, 2 or 3 in a container.

Tips Before Crafting

    • Always remember to place your perk cards on before crafting.
    • You don’t need these cards to be on all of the time, only when crafting.
    • Don’t waste card slots with these cards if you are not crafting.
    • Remember your Green Thumb card when picking flora. This will always double what you pick.

Remember your Aquaboy/girl card when wading through water looking for ingredients. Collect considering multiple recipes at a time. For example, when collecting for Disease Cure, you only need to pick Soot Flower to make Healing Salve after you’ve run out of Firecaps for Disease Cures. Don’t take off Good With Salt (if you need the card space) until just right before you begin to craft. After you’re done crafting, immediately put Good With Salt back on. You can make teas, sugar and other foodstuffs from the remaining unused ingredients.

It’s easy to forget your perk card setup when crafting… so, always check before picking flowers or flora or before crafting. It would be great if we had some kind of quick view reminder of our perk cards through a hot key, but no such luck in this game. You’ll just have to stop whatever it is you’re doing and go look and rearrange before you pick or craft.

Happy Crafting!

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Rant Time: PlayStation Store Return Policy

Posted in botch, business, california by commorancy on September 29, 2018

Looking for that elusive PlayStation Store return policy? A lot of people have been asking, “Where and what is the PlayStation store’s return policy?” Let’s explore.

PlayStation Store Digital Goods vs Retailers

When you buy digital goods from an online store, you expect a similar return policy to what you find in a standard retail store. Retailers today mostly offer 15-30 days to return your purchase for a full refund. However, there are rules to boxed content such as video games and Blu-ray or DVD movies. If you crack open the shrink wrap, you own it. Once you crack that shrink wrap, you can only exchange the item for another like item. If the entertainment item remains wrapped (i.e., movie or video game), you can return it for a full refund so long as it’s still within the stated return window. Other physical items have usual refund windows of usually no less than 14 days and usually no more than 90 days. Still, these are reasonable return windows.

For digital goods, there is no such concept as a shrink wrap or even a plastic box. For these sales, you’re limited to whatever return policies the store offers. For Apple and Amazon, if you mistakenly make a digital purchase, they’ll happily refund you so long as you do so right away. For Sony’s PlayStation store, the waters here are much more murky.

Where is the PlayStation store refund policy?

That’s a really good question and, unfortunately, there’s not a good answer that covers the entire world. Sony has intentionally fractured the PlayStation store rules into world territories. This means that there is not a single return policy that covers the globe. Instead, return policies are by region.

In the US, Sony doesn’t actually publish an actual Return Policy. Instead, they rely on their “Terms of Service” agreement to cover their for their returns on digital good purchases.

Return Policy

I’m going to rant just a little bit on this topic before getting to the meat where to find the information you’re looking for. A Return Policy is just that. It’s a clear, concise, non-technical, non-legal statement that explains exactly what a store provides for after a sale. For example, Target’s return policy states:

Most unopened items sold by Target in new condition and returned within 90 days will receive a refund or exchange. Some items sold by Target have a modified return policy noted on the receipt, packing slip, Target policy board (refund exceptions), Target.com or in the item department. Items that are opened or damaged or do not have a receipt may be denied a refund or exchange.

Then, Target breaks this statement down into types of items and their specific return policy details such as…

Returns and exchanges without a receipt may be limited. Other restrictions may apply.

  • If you’re not satisfied with any Target Owned Brand item, return it within one year with a receipt for an exchange or a refund.
  • Target REDcard℠ debit and credit card holders will receive an extra 30 days to return nearly all items purchased with their REDcard at Target and Target.com. See Target.com/REDcard for full details and exclusions.
  • All electronics and entertainment items must be returned within 30 days for a refund or exchange. For these items purchased between 11/1 – 12/25, the 30-day refund period will start on 12/26.
  • All mobile phones must be returned or exchanged within 14 days. All items purchased with a carrier contract at a Target store must be returned or exchanged within 14 days and may be subject to early termination fees per carrier contract. Contract items and carrier plans must be sold and returned by a Target Tech Rep.
  • All Apple® products, excluding mobile phones, must be returned within 15 days.  For these items purchased between 11/1-12/25, the 15-day refund period will start on 12/26.
  • more

And so on… This is a short example of a Return Policy, this is not Target’s complete return policy. Please click the link if you’re really interested in reading that.

Anyway, this is to show exactly how a Return Policy should be written. It is written in clear, concise, everyday language. It is not written in legalese jargon that requires interpretation. Let’s compare this to what Sony considers a return policy for its digital goods.

Sony’s Return Policy which isn’t

The difficulty with Sony is that Sony US chooses not to create an actual store return policy and instead chooses to rely on its “Terms of Service” to cover for the lack of an actual return policy. When you ask someone on the chat service to give you a link to the PlayStation store’s U.S. return policy, they give you the following link.

Here’s the link to Sony’s “Terms of Service” agreement:

As you can see from this link, it is a legal document labeled “Terms of Service”. This is a legal agreement, not a Return Policy. Buried within this Terms of Service legal agreement, there is a section labeled Wallet. Here is where the return options are listed, but in fact, they aren’t really listed at all. Under the section Wallet, begins the information about purchases, which is about as clear a mud. But, let’s examine this mess they call a policy.

WALLET

Your Account has an associated wallet, and all purchases made on PSN Services, including purchases funded from an outside payment source (e.g., a credit card or PayPal account) at the time of the purchase, are made through the wallet. Your children’s Accounts that are associated with your Account do not have a separate wallet, and all purchases made by them will be made through your wallet. Wallet funds have no value outside PSN and can only be used to make purchases through PSN Services and certain Third Party Services. You can only hold a certain maximum amount of funds in your wallet as determined by us (“Limit”), using either (i) a credit or debit card; (ii) a prepaid card or promotional code with a specified value where available; or (iii) other payment methods approved by us and made available from time to time in each specific country. FUNDS ADDED TO THE WALLET ARE NON-REFUNDABLE AND NON-TRANSFERABLE EXCEPT WHERE THE LAW REQUIRES THAT WE TAKE THOSE ACTIONS. WE HAVE NO OBLIGATION TO REVERSE OR REFUND UNAUTHORIZED CHARGES MADE USING ANY PAYMENT METHOD TO FUND THE WALLET. WALLET FUNDS THAT ARE DEEMED ABANDONED OR UNUSED BY LAW WILL NOT BE RETURNED OR RESTORED.

blah blah blah… a bunch of legalese jargon that no one wants to read. But wait, there’s more to read….

TRANSACTIONS All transactions made through your Account or an associated Account of your child are solely between you and SIE LLC. By completing a transaction through your Account or allowing a transaction to take place through an associated Account of your child, you are (i) agreeing to pay for all transactions made by you or your children, , including recurring charges for subscriptions that are not cancelled; (ii) authorizing SIE LLC to deduct from the wallet and charge your credit card or other applicable payment instrument or payment mechanism all fees due and payable for all your transactions; and (iii) agreeing to any applicable Usage Terms and terms associated with use of the particular PSN Service. All transactions are final upon their completion and may be deemed to be governed by law and regulatory requirements applicable at the time the transaction was completed. PAYMENTS FOR ACCESS TO CONTENT OR SERVICES ARE NOT REFUNDABLE EXCEPT WHERE THE LAW REQUIRES THAT THEY ARE REFUNDABLE.

Pre-orders and Bundles. You may have the option to order a license for certain content in the form of bundles (such as seasons of television series) or a pre-order. We reserve the right to deduct funds from your wallet for any pre-order or bundle order at the time you order the content, but some or all of the content may not be available until it is released for license via the PSN Services.UNLESS OTHERWISE REQUIRED BY LAW, YOU MAY NOT CANCEL OR OBTAIN A REFUND FOR A PRE-ORDER OR AN ORDER FOR A CONTENT BUNDLE ONCE YOU PLACE YOUR ORDER, AND PRE-ORDERED CONTENT OR CONTENT INCLUDED IN A BUNDLE MAY BE CHANGED WITHOUT NOTICE.

Aha… here’s the meat of it!

Notice the ‘UNLESS OTHERWISE REQUIRED BY LAW’ provision. This is Sony’s legalese for telling you that they are leaving their return policy requirements in the hands of U.S. federal, state and local laws (if applicable). This means, it is your responsibility to understand and determine exactly what the laws govern returns in your jurisdiction. This is convoluted statement because most people aren’t knowledgeable or familiar with the laws that govern such returns in their jurisdiction. I have to assume Sony’s lawyers naively thought that no local jurisdictions legally covered this part of their “Terms of Service”.

Before I jump into what this statement means to you if you live in the U.S., let’s rant about why this is NOT a return policy. This document is a “Terms of Service” agreement. It is a legal document that governs your use of services. While it might cover some of what a return policy does, it in no way considered a comprehensive return policy. Compare this document to Target’s clearly written, concise, plain language readable policy above which clearly lays out classes of items and their respective return periods in explicit detail. A return policy is supposed to be written in plain language that anyone can understand. Sony’s “Terms of Service” document is anything but clear, concise and plainly readable. Sony’s document is designed to be read and interpreted by a lawyer, not a layman. Meaning, it is on you, the buyer, to understand all laws where you live.

Federal and State Laws

Before I begin here, I will state that I am not a lawyer and nothing in this article is intended to be construed as legal advice. If you have questions about laws in your jurisdiction, you should contact a lawyer where you live.

With that out of the way, because Sony has chosen to leave returns up to the laws in the buyer’s jurisdiction, thankfully it appears the US federal government has such a law that governs returns in these cases.

This federal rule that at first glance may be applicable to PlayStation store purchases seems to be the 3 day Cool-Down law. This is a contract law that states that you have the right to return anything within 3 days and receive your money back as long as you cancel the contract before midnight on the third day. However, it seems that this FTC rule doesn’t cover online sales, although in my opinion it should cover it. Regardless, it doesn’t mean you can’t make a complaint to the FTC regarding Sony’s refund policies.

State laws are a different matter. Because there are effectively 51 states (I’m including Puerto Rico as a state even though they haven’t yet gone through the statehood process), there are too many states to list each one’s return laws in this article. I will point you to this Findlaw article which has very concise information on the state by state laws regarding refunds and returns.

FTC Complaints and Consumer Protection

The primary methods that you have as a consumer for refund redress is 1) asking the company for a refund, 2) using the 3 day Cool-Down rule when applicable and 3) disputing the charge with your credit card company. Sony has control over all 3 of these. Because Sony has complete control over refunds, they can always deny them. Because the PlayStation’s stores sales are online, the 3 Day rule doesn’t apply. And finally, because a chargeback will lead Sony to terminate your PSN account in retaliation, you can’t perform chargebacks without losing all of your purchased content.

This is an unfair situation for the consumer. All of the possible consumer avenues to get a refund cannot be used against Sony. Sure, you can dispute with your credit card company if you’re willing to lose your PSN account. Most gamers are not willing to lose all of their digital content they’ve purchased over a single refund. This is really a scam that Sony has going here. Thankfully, state laws may apply.

California

I will cover California here simply because I have enough knowledge after reading California’s specific law regarding this issue. Keep in mind that all laws are open to interpretation such that a judge can interpret the subtleties and applicability of those laws to any circumstances and in any way that he or she deems appropriate. That means my interpretation isn’t necessarily the interpretation a court of law might rule for a given case. However, Sony does have a presence in California which strengthens California’s laws against Sony.

It seems that while physical presence retailers are bound by California law to post and maintain a comprehensive Return Policy within their place of business, this law appears to have not been updated to explicitly cover businesses performing online sales and which also have a presence in California. This means that online retailers may or may not have a loophole with regards to posting and maintaining a Return Policy. Though, if the law requires physical businesses to post a Return Policy, I don’t see any reason why it wouldn’t apply to online storefronts who also have a presence in California.

According to Findlaw, California law states that:

Retailers are required to clearly post their refund policy unless they offer a full cash refund, exchange, or store credit within seven days of the purchase date. Retailers failing this requirement are required to accept full refunds within 30 days of purchase.

Assuming that the word “Retailers” applies to online sellers who have a presence in California, this law may extend your refund rights to 30 days as Sony clearly doesn’t post an actual refund policy anywhere visible on either their storefront or on their main web site. If “Retailers” only applies to stores with a physical presence and this law does not apply to online retailers, then this provision wouldn’t apply. California seems a little behind on explicitly stating its laws also apply to online sellers doing business in California. This means that assuming California’s law applies to PlayStation store sales, it does so implicitly through interpretation of the law.

For this reason, you would have to talk to a lawyer and ask them to interpret California’s law and whether or not it applies to Sony’s online storefront. Personally, I’d interpret that this provision applies, but I am not a lawyer. I’d certainly argue that the law does apply when arguing for a refund with Sony when you also live in California. I also happen to know that Sony has a business presence within California in San Mateo which makes a difference when dealing with legal matters of business in California. If your state doesn’t have a Sony business presence, any laws governing “retailers” might not apply to Sony.

Not all states have consumer refund policy laws such as those in California. You’ll need to review that Findlaw article and look for your state to determine if such a law applies that might extend your refund rights.

Sony’s Cancellation Policy

You might be saying, “I just Googled and found this Cancellation Policy on Sony’s web site”. Remember when I said the return policies for Sony are fractured around the world? Well, here’s the example of this. While this web published Cancellation Policy is visible to the world (including U.S. residents), apparently it only applies the UK (even though it makes no mention of this in the article body itself).

Simply reviewing Sony’s Cancellation Policy, it states a refund policy of 14 days so long as the digital item has not been downloaded or streamed. It’s a reasonable policy if they enforced it in the U.S. However, they apparently do not offer this policy to U.S. buyers. Instead, if you talk to someone on Sony’s U.S. PlayStation Store chat service, they will point you to the above “Terms of Service” document for their return provisions. The U.S. PlayStation store reps claim the Cancellation Policy does not apply to U.S. store purchases.

By making this claim, it does two things, 1) it says Sony does not publish a comprehensive return policy anywhere on its web sites for U.S. buyers and 2) it states definitively that the published Cancellation Policy does not apply to U.S. buyers. This means that the “Terms of Service” provisions rule. This also means that if you live in a state with a law that states that failing to establish a visible return policy in a store front results in a 15-30 day return period. That also means Sony is obligated to uphold the legal requirements of that state. This is why the “UNLESS OTHERWISE REQUIRED BY LAW” statement is important to understand your return period for Sony PlayStation store digital goods.

This “Terms of Service” document squarely puts the burden on you the buyer to understand the laws in your jurisdiction governing Return Policies. Assuming your state extends your rights, you might have 15-30 days to return the item unopened.

Unopened Digital Items?

It’s best to follow the “Unopened” rule when asking for a refund of a digital item. What does “Unopened” mean on digital goods? It means you haven’t downloaded or streamed the product. Effectively, it is the same definition that’s in Sony’s UK-only Cancellation Policy. If you have downloaded or streamed the item, then the federal and state laws likely may not apply to the refund. To be safe and avoid arguments with Sony, stick to the unopened rule when attempting refunds. Pre-orders would automatically be considered unopened while still a pre-order.

Disputing Charges with your Card Issuer

Assuming you’ve bought your purchase directly with a credit card and not with wallet credit you bought via a gift card, you can always dispute this transaction with your card issuer. However, Sony has a provision in their “Terms of Service” for this:

Fees and Other Charges. We reserve the right to deduct from the wallet all bank fees related to any transactions or failed transactions (e.g, chargebacks from your bank or credit card provider) initiated by you or your children, including domestic and international transaction fees. We reserve the right to terminate your Account and any associated Accounts of your children for failure to complete transaction payments. In lieu of termination of your Account, we may elect to provide a mechanism by which you fund the wallet associated with your Account to prevent your Account (and any associated Accounts of your children) from being terminated.

What this says is Sony reserves the right to terminate your account over service fees or chargebacks. If you dispute a charge with your card issuer and your bank accepts your dispute, they will force a chargeback to Sony. This means Sony will likely retaliate against that chargeback and close your PlayStation Network account. If Sony does this, you will lose any wallet credit and any purchases that were linked to your account. If you had any significant amount of digital goods purchased, they’ll be gone. Weigh carefully the decision to dispute a charge through your bank. If you buy through PayPal, you do have PayPal’s buyer’s protection, but Sony may still retaliate against your PSN account if you dispute a charge via PayPal.

If you do choose to try a dispute, I’d suggest unlinking the card from your PSN account before you begin the dispute process with your bank. This may prevent Sony from easily tying the card back to your PSN account.

Buying Digital Goods

When you buy digital goods from stores like Apple, Amazon, Google, Microsoft and Sony, you need to carefully read and understand their rules. You’ll also need to understand the laws that govern where you live. Most digital sellers are reasonable for mistake purchases. However, Sony appears to be ruthless in not wanting to issue refunds at this point. In addition, they have the power to hold your PSN account hostage against your only means of consumer protection via credit card dispute. I’d complain to the FTC on this one alone. This is an entirely unethical business practice.

My point here is that you shouldn’t ever buy any digital goods from Sony. At least, not until they come to their senses and offer a reasonable return policy and publicly publish it on their PlayStation Store web site in a visible location.

If you get caught in a situation where you bought something you didn’t intend, try your best to get a refund. There are no guarantees Sony will honor any federal or state laws. If they choose to ignore these laws, report them to the FTC and to your state Attorney General’s office. If you don’t care if they close your PSN account, then by all means contact your credit card issuer and request a dispute against that charge. Good Luck.

Sony’s Corporate Legal Compliance and Responsibility

The “UNLESS OTHERWISE REQUIRED BY LAW” provision should be Sony’s legal responsibility. Legal compliance and maintaining compliance with all laws has always been and should remain a corporate burden. Since Sony has taken it upon themselves to state “UNLESS OTHERWISE REQUIRED BY LAW”, Sony should be required to keep a list of all laws in all jurisdictions and uphold those laws with regards to digital returns on PlayStation store purchases.

This means that when you call or chat into a Sony representative asking for a return, it should be the representative’s responsibility to ask you the city and state where you live, then pull up a reference document containing the laws for that jurisdiction. Then, determine if those local return window laws apply to your return before outright denying the return.

It should not be the buyer’s burden to inform the representative of local laws that apply in that jurisdiction. By forcing the buyer to inform the representative of applicable laws, it then forces the representative to make a decision regarding that return. If Sony has told their representatives to reject all such arguments as invalid, then Sony is in willful in violation of some state and federal laws. It also means that the burden of upholding laws has been left in the hands of phone or chat reps.

Sony, do you really want some of your lowest paid staff making corporate legal decisions for Sony and potentially putting Sony at legal risk?

As most corporations today are trying their best to mitigate legal risk, Sony seems to be willfully instigating legal risk at their own peril. Get with the program Sony and write a real Return Policy and post it on the checkout screen. It’s not hard! Otherwise, you need to take on the legal responsibility of informing your reps of which jurisdictions have laws that apply to digital returns.

To PlayStation Store Employees

If you work for the PlayStation Store as a chat or phone rep, you need to understand your own personal legal risks. Because you are being made to decide the fate of a return based on “UNLESS OTHERWISE REQUIRED BY LAW”, you could face personal legal penalties because Sony has placed you into this legally risky position. I’m pretty sure you didn’t sign any legal indemnity clauses when you hired onto the PlayStation Store. As an employee, it is not your responsibility to decide legal matters over the phone or via chat. If you make the wrong decision and that decision is illegal, you can be held personally liable for breaking that law in addition to Sony. Do you really need legal fines and jail time?

As a representative for Sony, you need to take this article to your management team and explain to them that you no longer wish to be legally responsible for Sony’s actions. Explain that you don’t want to be fined or jailed for making the wrong decision on the phone. That’s not part of your job. Your job is to answer the phone and perform returns. But, it is not your job to take on personal legal responsibility for Sony.

As a representative, you need to insist on corporate legal compliance. This means that you need to insist that it is Sony’s responsibility to provide you with all necessary legal information to ensure you always comply with federal, state and local laws for each and every return. Sony hires lawyers. Sony can get their lawyers to provide you with this legal compliance information. After all, those lawyers are getting paid a whole lot more than you as a representative. Let’s make those lawyers do some real work for a change. Better, ask your management team to publish an actual Return Policy on the checkout page of the PlayStation store, which fully describes return windows and avoids this entire legal problem.

I welcome comments regarding your personal experiences with Sony’s PlayStation U.S. store return policies. I’m also always interested in hearing any tricks you may have used that helped you get a refund.

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Gaming Innovation: The Dark Age of Gaming?

Posted in botch, drought, entertainment, video game, video game design, video gaming by commorancy on January 27, 2013

I’m a relatively hard core gamer.  I’ve played video games for ages and have owned nearly every console ever made.  I say nearly every console, but there are some I’ve chosen not to own.  Specifically, the Vectrex, the Neo Geo and the Atari Jaguar, just to name a few.  Basically, lesser consoles that really didn’t go anywhere.  I digress.

Necessity is the mother of invention

Entertainment is a huge business.  With music, movies, books and theater, it was inevitable that when electronic technology was invented, someone would find a way to use it for entertainment value.  Enter Nolan Bushnell who created the first commercially sold arcade video game.  Albeit, not the first coin operated video game.  Needless to say, after that the race was on.  Magnavox was the first to the home market with their Magnavox Odyssey console without sound and which included a game similar to the later Atari Pong.

These early video games sparked a revolution in home electronic entertainment that leads us up to video games we play today.  From the widescreen hardcore franchises such as Call of Duty, Halo, Assassin’s Creed, Grand Theft Auto, Zelda and Need for Speed to the massively online multiplayer systems of World of Warcraft to the small screen games like Farmville and Angry Birds.  We have tons of options for entertaining ourselves with video games.  All of these games are massive leaps ahead of Pong, Space Invaders, Defender and Battle Zone of years long past.

Waxing Nostalgic

I look fondly on these past video games for a lot of reasons.  They were inventive and different.  The developers were always trying to find a new way to bring their idea to that small 4:3 arcade screen.  And ‘wow’ us they did with such inventive titles as Gauntlet, Paperboy, Battle Zone, Marble Madness, Joust, Sinistar, Dig Dug and even Donkey Kong.  Simplistic games, yes, but challenging, unique and different.  These were games that really defied categorization other than being ‘level based’, but just about every game today has levels. These spurred our imagination and let us meld into that video game world for a short time and then move to another one with a completely different concept.  To take our minds off of whatever it was we were doing.  Yes, these were all arcade games, but they were inventive, unique and different.  In fact, during the arcade heyday, it was rare to find games copying each other.

Lack of Inventiveness

Gone are those unique inventive days where you could walk into an arcade and find something new, original and unique to play. Today, it’s all about the almighty buck.  Well, 60 of them actually.  It’s less about producing something inventive and more about producing something developers think kids will buy.  Developers have lost their inventive edge.

Today, games are categorized into genres:

  • First Person Shooter (FPS)
  • Third Person Shooter (TPS)
  • Rail Shooter
  • Sports: Hockey, Football, Basketball, Snowboarding, Skateboarding, Surfing, Hunting/Fishing
  • Online Multiplayer (MMO)
  • Campaign based
  • Button Masher (aka Fighting)
  • Real Time Simulation (RTS)
  • Music
  • 2D side scroller
  • Role Playing
  • Open World (the most rare type of games)
  • Simulation

There are rarely any games today that break or even attempt to break these molds.  Occasionally, something comes along that tries to think different like Naughty Bear, Traxxpad or Rez.  Or, games that try to combine genres like Grand Theft Auto (mission based with free roaming) in a unique way.  But, these games are so few that you might not even see one per year.

Talent Drought?

I’m beginning to wonder what’s going on with developers.  Are they really so adamant that the above genres is all there is?  Have we lost our ability to invent new things?  Are we moving into a new self-inflicted Dark Age?  I’m not talking about not having entertainment, no.  I’m talking about that we as a society have become so jaded, that we won’t accept any new ideas in games? Personally, I want to see more Pongs, Defenders and Marble Madnesses.  Not specifically these games, but the idea that these games represent.  That is, something new, unique and different.

Take Portal and Portal 2, for instance.  These are a completely unique and different take on the first person shooter. This game has also become a commercial success in its own right.  It’s a mostly non-violent game built on a relatively unique story, puzzles and lots of humor.  The game itself involves challenging puzzles.  These games are from Gabe Newell’s Valve.  I’ve always found that Valve’s games tend to involve more unique ideas and less trying to fit molds.  Valve, unfortunately, is mostly the odd-man-out.  The development cycles are extremely long for games from Valve.  It might take 5 years to release the next installment.  But, I’m willing to wait 5 years to get a unique game experience that’s unlike anything else I’ve ever played.

Unfortunately, most game developers today just want to make the next quick buck instead of putting out award winning high quality unique gaming experiences.  This leaves the gaming market fairly high, dry and devoid of unique games.

What’s left are the Batman Arkhams of the world which always inevitably come down to being a button masher after everything is said and done.  Yes, they wrap the Batman games around a seemingly open world, but when it comes down to the final boss, it’s just another glorified fighting game.  I don’t want yet another reason to get carpal tunnel.  I want to have a unique gaming experience.  I want to be challenged not by how fast I mash my thumb against a button, but how I can think strategically.  How I can take down the final enemy on my own terms, not on the video game designer’s terms.

Inventiveness Reignited

Basically, give me open worlds to roam.  Give me tools to use in that world.  Let me level up as I gain experience in the world.  Give me stores where I can buy things.  Let me even buy the stores themselves.  Let me earn money to spend.  But don’t force me into a final boss sequence that requires me to follow a script.  If you’re going to give me an open world, give it to me all the way.  Let me make my own final boss choices.  Let me decide how to deal with the final boss on my own terms.  Give me the tools to deal with him or her as I see fit.  If you provide cages and I choose to lock the boss in a cage and send that cage off to a prison, that’s my ending choice.  If I choose to have a final button masher battle, my choice. If I choose a strategic battle systematically wiping out all of the boss’s advantages, my choice. If I choose to befriend them and go off with them into the sunset, my choice.  Open world means open world and all that goes with that.

Choice is what we have in life.  Taking that away in video games and forcing a contrived outcome during the final moments is just not inventive.  It’s trite.  It’s cliche.  It’s frustrating.  We’ve spent hours getting to that point only to find out that the final battle is basically a complete waste of time.  That the ending is ‘stupid’.

No, simply provide the gaming tools.  That’s all the game needs to do.  Let the gamer choose the final outcome entirely.  Sure, you can tie in some befitting movie ending dialog sequence, that’s fine.  But, how I choose to end my game should be my choice, not some game developer’s choice who was sitting in a room miles away and months ago making that decision.  Let me make my own decisions, my own choices which result in my own outcomes.  I realize that games need to have some form of rules, so there are limits to what can be provided.  But, within those limits, let me choose how to use them all.  Don’t rope me into a small area, don’t take away all of my advantages that I earned, don’t throw 40 men at me and expect me to button mash them all out of existence in a few minutes.  Again, I don’t need aching joints and to inflame the median nerve running down my hand.  Give me strategic options.  Let me utilize the tools I’ve spent hours obtaining through the game to my own full strategic advantage.  Giving me all of those tools and then taking them all away only to force a 40 man fight is worthless, frustrating and not at all inventive.

Even Better Ideas?

Better, give me games that break FPS/TPS molds.  Give me games where the idea is completely unique.  There are many ways to devise video games in 3D worlds that don’t involve the tired FPS mold.  I want new unique games.  Games that involve strategic thinking, unique environments, unique character traits (super powers of my choice).  As an example, how about a superhero role playing game?  Let me choose my character’s traits, history, powers, good vs evil, etc.  Let me choose the outcomes that unfolds.  Let me write my own story and outcomes?

How about a game within a game?  The gamer becomes a gamer within the game and who gets lost in that video game world only to work his/her way back out?  There are lots of cool story ideas.  It’s the stories here that matter, the gaming aspect is just the tool to get it there.

Basically, we need inventive new unique gaming experiences that do not presently exist.  I want to see games that are today as inventive as Pong was back in its day.  Games that inspire gamers to think, rather than blindly mash buttons.  I like thinking and strategy games within an action framework.  Not so much puzzles as in pulling ropes to open doors, but even more unique then that.  Let’s get some new ideas flowing into the gaming world.  It’s definitely time.

Where are all the games?

Unfortunately, there is a major game drought today.  We have many many consoles today: PS3, Xbox, PS Vita, Wii U and even the iPad, yet we’re firmly stuck playing the ‘AA’ titles which are neither inventive nor unique.  In fact, most of them are rehashes of rehashes.  Things that we’ve both played before and will likely play again.  I don’t want to play games I’ve already played.  I want to play new unique games.  Games that I look at and think, “Wow, this is cool.  I’ve never played something like that”.  I don’t want to get to the end only to find out that I’m trapped in the ever-so-familiar button masher.  I want strategic choices to the outcomes.  Games should actually reward players for the most unique ways to end the game.

Even though we have only just ended out 2012 and there were many titles released at the end of 2012, not many of them were truly imaginative titles.  Yes, there were highlights in some games, but most of them are far too often been-there-done-that experiences.

Even though EA, Atari, Capcom and the other big gaming companies are out there working to produce new games, they’re just not providing quality original games.  They’re providing, at best, copies of previously released and rehashed game ideas.  Nearly every one of those big game company games is boring within the first day of play.  It’s too easy to get stuck into a firm set of rules that force the player into silly and frustrating game play.  If the bosses end up being simple button mashers only to provide the same enemies wave after wave, what makes development companies think that this is what gamers really want?  After a while it just becomes mindless, monontonous and boring.  The point to entertainment is to entertain.  There is nothing entertaining about tedium, frustration and boredom.  It’s no wonder I see a lot of gamers posting ‘I’m bored’ on forums even when they own games like Call of Duty.  Yes, they are boring.

I suggest that by bringing back inventiveness, uniqueness and originality in games, a whole lot more people will become interested in games and we will become, once again, entertained.

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