Only the regulation that doesn't evolve with the time or written so that it stays within the confines of a context that doesn't exists. Certain big country constitution is a prime example of that.

It takes a minimum of 600 hours of training to get licensed to cut hair in California.

It's a stretch rather than a point.

Subjective being subjective

It's definitely a bad argument worthy of some sort of label. It seems to go "you believe this thing, which I won't engage with at all, but I'll assume that because of the way you said it, you also believe all this other stuff that I disagree with".

I stand corrected.

The only reason for that is because the physical disc has the right of first sale attached by being physical item, and there’s no practical/acceptable mechanism to prevent transfer of the license to someone else.

Traditionally the whole industry has been fine with it as long as direct media copying was too hard for the layperson, especially since lending games around was like word of mouth advertising.

Digital platforms change a whole bunch of these things.

> and nothing would stop you playing it

Not true for PS5 games. Sony can push a firmware update to disable games, even if you own the disc.

The same is true of digital downloads, insofar as both the disc and the digital download don't have DRM.

In other words, you completely missed the point that this is about DRM and not physical vs digital.

>nothing would stop you playing it in violation of the words in the document.

Thats not really the case. Windows Defender and other anti viruses will quarantine piracy tools (like no cd cracks, and how many cd/dvd readers are in modern computers) these days, not far from there to see them being paid to police license changes. Games are often more playable in their pirated versions. Like if you own the Fallout 3/Fallout New Vegas discs that require games for windows live you are screwed, but the digital steam versions remove that requirement.

Then you have games like Metal Fatigue, released for Windows 98, suffering memory corruption issues since Windows XP. Microsofts Compatibility Toolkit offers a fix for some of the memory issues making the game vastly more playable, but then of course, Microsoft has set an EOL date for the toolkit, the last version of it was published for Windows 10, and theres an expectation that at some point Windows 11 will not permit it to be installed any longer.

Whether you buy a disc or pay for a download, you are still at the mercy of the entire ecosystem. If you completely freeze your ecosystem and never install anything you might get by. But that presents other risks.

I just bought Kinnectimals for my toddler, and it came with a warning that it needed connectivity to some random xbox server to update, straight out of the box. Thankfully, my 360 was still able to connect to it. But network protocols might change, the OS might get a new version that bricks the connectivity (potentially for good reason, there could be a vuln) or hundreds of other things. Theres no safety or security provided to me by owning the disc.

Maybe, but regularly reframing regulations that people like (consumer protections, OSHA, lemon laws, etc.) as regulations will hopefully remind/reinforce that the whole "pro/anti regulations" framing is a childish mindset.

Most of the World understands the difference between buying a product and buying a service.

Games (and other digital media), are sold as products, not services, mostly.

TFA is arguing this should persist and not be replaced as games as (subscription/licensed rental), services. It argues the move to digital is being used by businesses to switch to a services model under the hood, and that this should be resisted and it should remain a product model.

> Are consumers confused in practice by what happens when they click "Buy" on the playstation store?

Demonstrably, provably: yes.

> Fine, pass a regulation that makes online stores change the word to license or whatever.

Why not make the store change what they sell from being a license and making it a product as the consumer expected?

You can pay for services and you may use the term “buy”, but it is clear you’re receiving a service, and a service in its nature is temporary.

Buy a night in a hotel, dinner in a restaurant, haircut, shoe shine. These are all services.

Buying of digital services like games, films, and music is an evolution of buying dvds, cds or records. There is an expectation that you now own something. I can dig out my dad’s old records and play them and pass them onto my children.

If media companies want to sell a license that has an expiry date, that’s fine, but it has to be explicitly communicated. Consumers have to be well informed about what they’re purchasing.

> This is just pedantry, and incorrect pedantry at that. BUY does not always mean you gain ownership. You can BUY a license or a haircut and you don't own anything.

At the end of the day words have to mean something. It is not pedantry to simply discuss what a word or phrase means. There are false advertising laws for a reason.

To that end, I would argue you've never bought a haircut, you've paid for a service.

The issue at hand here is exactly that the word "buy" is used when discussing the appropriation of a licence for content that in practical terms, is still controlled by someone else.

Maybe there are technical reasons for this to be the case, but then maybe the word "buy" should not be used in this instance.

"almost" is doing a lot of heavy lifting here...

While the majority of flats are leasehold, by far the vast majority of property in England is freehold. Only a fifth is leasehold.

While technically a leasehold has a fixed term and at the end of the lease (usually starts at 99 years) the land owner technically owns the property, in reality this scares most people so usually when someone sells the property (usually while there's still at least 80 years left on the lease) you try to extend the lease again back to 90 years. So while it is possible for the lease to run out and people lose their property, it's usually something you'd be expecting when you took over the lease (and so you'd pay a correspondingly lower price for the property). While the lease is active, there's usually an annual fee from between 100 and 10000 pounds. Obviously, the higher this is, the lower the sale price of the property is likely to be.

Personally, I wouldn't touch leasehold with a bargepole, and unless you want to live in the centre of a city there's usually plenty of freehold property available so you don't need to go down the leasehold route.

Personally i only purchase DRM free games, but it doesn't still change that fact that major digital storefronts use misleading terms. Maybe physical disks would maintain popularity if customers knew they'd be renting the product for unknown period time instead of owning it.

It's easy to forget that average joe doesn't understand the consequences when we're on our own bubbles.

Edit: The media outrage when Sony removed 550 movies, indicates the customers don't still understand the terms of the sale. It wouldnt make any noises if customers knew they were renting it.

I remember saying the exact same thing here on HN like two weeks ago, which someone then promptly corrected me saying that Steam/Valve actually "explain" what their "Buy" means right before payment, and I think they were right, there is some greyed out text somewhere explaining you don't actually "Purchase a copy of the game" but you license it via Valve/Steam somehow, can't remember the details atm, later at the checkout process though.

Well, yes. Always online is a problem, but it doesn't change what one buys. A thing that is easy to copy without destroying the original. So they invented licenses to contain the copying part.