this post was submitted on 11 May 2024
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Hmm.
I haven't been following this, but if I understand, all this flows from Sony's decision to (a) disallow developers targeting their platform from selling the game in regions that PSN isn't available, even on other platforms, like Steam, and (b) not to offer PSN service in the Baltics. I'm not actually sure that it's legal for Sony to do this.
I don't think that that'd be fraud -- as some people are talking about -- but I do know that the EU has had some digital single market legislation that doesn't let you buy something in part of the EU if you can't use it in another part. I think that their interest is that they don't want to have companies creating barriers to movement of labor around the EU, where someone can't move from EU member A to B because it makes all their digital products unusable. If you cannot play a game in the Baltics, I'm not sure that it's legal to sell it, under EU law, in France or the like.
https://en.wikipedia.org/wiki/Digital_Single_Market
It might also be legal -- not sure. Probably depends on how it's structured, what exactly Sony is doing, and the specifics of the European Digital Single Market restrictions. And I'm not familiar with the fine points of any of those.
It would be an interesting issue to resolve if the EU were to pursue it. I guess one could argue that PS5s are sold in the EU, even with the PSN restriction in certain regions. I’d guess a resolution to this would have Sony remove all of their content on Steam, which I consider a negative for gaming in-general.
I’m guessing there is, or will be, a carve out for this type of thing. Precedent could be argued with my PS5 example above.
The idea is to encourage the opposite. If they want access to furnace, Germany, Italy, they need to make it available in smaller countries. It becomes financially viable to cater to small countries when not doing so loses the big countries.