Is This Piracy on PS3?

[Chris_D]

The practice of sharing your PSN account details so more than one user can download something you've purchased has been widely known for some time. I believe the rule is that purchased content can be downloaded up to 5 times. So, in theory, up to four other PS3 owners can benefit from your purchase without having to pay any money for that content.

Now, I'm not saying that Sony advocates the practice but they certainly don't seem to be doing a lot to prevent it either. While many regular gamers seem to enjoy this method as a way to save money on PSN purchases (if message boards I visit are anything to go by - not CoG so much though), recently I've become aware of a fairly popular podcast (listeners in the ten thousands, site traffic in the millions of hits) that seems to actively advocate the practice. On this podcast the three members frequently refer to exchanging their accounts to download each others games and discuss who is going to purchase the next PSN release.

I'm not sure if this is really as bad as just downloading entire cracked games for free but, at the same time, I'm confident that developers aren't factoring each sale being downloaded onto 5 separate PS3s into their profit predictions. Also, since the same kind of exploit doesn't exist on 360, does that make the 360 marketplace a more attractive place for developers?

Anyway, I'm going to say yes.

[Disgustipated]

It's part of Sony's policy for their PSN games. It's been around forever. I don't think it's piracy at all.

[LarsenNET]

I would never share my account. I am saving all of my downloads in case I need to replace my PS3. It's a system Sony created so i don't see anything wrong with it, if they didn't want it they could stop the practice pretty easily.

[Crowe]

I would say it is. It's just like burning a copy of a friends game and playing it that way.

[Stoke]

It's not piracy, but it's definitely not honest. I'd say it's right below used games on the "helps the industry" scale. That is, not much harm at all.

[Wilkz07]

not piracy. i've logged into friends ps3s and download psn games i've bought and they've shared theirs. if it were a big deal sony would fix it.

[Xydarc]

Where's the option "No, Sony allows this"?

[Hawkzombie]

Huh...

So who wants to be a pal and share some games with me?

I kid, I kid....I don't even know what games are good for the PSN that I can't get on XBLA.

Does this extend to PS1 and PSP titles however? Is so, shiver me timbers, me heartys. Thar be pirates afoot!!

[TheEpicOfTyler]

I think it's a gray area. I don't do it because I want to support more games on PSN, but I don't consider giving my friend my game after I'm done with it piracy either. But when my dad gets his PS3 I intend to let him download all my PSN games, is that crazy/wrong?

[Mike Kelehan]

When you buy a game on the PSN, you're granted six installs. That's it. Which consoles you choose to install them on is your own business.

[johnperkins21]

I would think it depends on whether or not you abuse it. Sharing your PSN account online, with random people is probably a bit abusive, especially if you're hitting your limit. Sharing one or two games with one or two friends I don't see as any worse than just borrowing a game from a friend.

If I let my friend borrow my copy of Assassin's Creed II, while I borrow his copy of Dragon Age, it's basically the same thing. The only time this wouldn't really hold up is if it's a multiplayer game, but I don't play online, so it's moot in my case.

[Chris_D]

Originally Posted by Xydarc

Where's the option "No, Sony allows this"?

It's more like Sony doesn't currently have the tech in place to stop it. I'm pretty sure I encountered somewhere that sharing of PS3 accounts could result in a ban but I haven't spoken to someone who's had this happen.

I googled some stuff:
WhiteWolfDK (guy on a forum) says:

People DO get banned for game-sharing, have tried to help a few out with this, however the risk is small.

The reason for the 5 PS3 is that you can have more than one PS3 at home, I have 4 and have the same games on all of them, so if you could only use 1 machine they wouldn't be able to let you do this.

People say it's legal because of a SCEA manager telling this 3 years ago - since then the EULA has made both trophy-sharing and game-sharing illegal, since it will be a breach of the EULA telling you it's prohibited to give anyone else your login-details.

Anyway, there seem to be a lot of anecdotal posts out there, like this one.

From the user agreement:

You may not sell, buy, trade, or otherwise transfer your Online ID or any personal access to PSN through any means or method, including by use of web auction sites.

... which could be interpreted as saying you can't share your game purchases with others as the usual method is to give your PSN user id and password to another person.

A lot of it stems from it originally being promoted as a feature during the PS3 launch:

Mr Tretton said at this Gamer’s Day, “You can send that content to four other friends for that initial investment.”

Since this statement, what has changed? Have Sony realised how much money they are loosing out on? Are developers leaning on Sony? The philosophy of getting the content into as many homes as possible, while admirable, does not make much sense in a long term sales model.

Apparently the number of PS3s that can access content from the same account is now down to 3:

In-game items or content that you have purchased may be downloaded from PlayStation®Store. Pursuant to the particular terms of use that govern a specific in-game item or content you have purchased, you may use that item or content on up to three (3) different PlayStation®3 systems that have been activated for your account. You may deactivate or activate specific PlayStation®3 systems, as long as the maximum activated number of PlayStation®3 systems for your account at any given time is three (3).

* The first category, called Network Content, can only be accessed by one activated PlayStation®3 system per day and only by the account through which the Network Content was purchased. Network Content cannot be used on two different PlayStation®3 systems within a twenty-four (24) hour period.

[Chris_D]

Originally Posted by TheEpicOfTyler

I think it's a gray area. I don't do it because I want to support more games on PSN, but I don't consider giving my friend my game after I'm done with it piracy either. But when my dad gets his PS3 I intend to let him download all my PSN games, is that crazy/wrong?

Well I mentioned that I don't think this is as bad as traditional piracy. Also, not like I've never ever pirated something. Still, I'd say that anyone who thinks that developers are happy about the situation is fooling themselves. For example, Capcom puts Bionic Commando on PSN for $10, I don't think they're wanting everyone to be able to obtain a copy for effectively $2 (1 purchase, shared 4 times). The saving grace for developers is probably that most PS3 owners don't do this. If it was more widespread I imagine Sony's hand would have been forced by now. It does seem that Sony recently reduced the number of downloads to 3 (according to the Neogaf post I linked above), so that could be seen as a reaction by Sony to try and limit the problem without having to implement a hardcore DRM system in the middle of the consoles life cycle.

[Gorvi]

I wouldn't call it piracy, but it's a rather shitty thing to do. They let you have up to 5 activations to accommodate multiple consoles owners and when systems break, "game sharing" always seemed like abuse of that system to me.

[Abednigo]

It may not technically be piracy since someone purchased the game legally, but sharing it with someone who DIDN'T pay for it? Yes, that's wrong. I think people use the "5 installs" as a loophole to share the game so people don't have to pay for it. Whatever their motives are, I don't know. But I'm sure Sony had in mind "5 installs on your own PS3", such as if you need to format your drive or something. Since it's tied to your PSN ID it's for your personal use, not to give away to your friends.

It's the same with music. Copyright laws for digital downloads (at least with iTunes) are that you can put them on up to 5 devices within your household. People use that to give their purchased music to their coworkers or friends. That's not their household. Again, it's possible, but not legal.

If the developer of a game wanted you to spread the game to your friends for free, then they would say so. But when they are SELLING it, they want to be reimbursed for their efforts of making the game (which cost them money to make!). Just like a musician. I know a few guys who have been on Metal Blade Records and want to make money doing music. And while they give messageboard folks like me free downloads via a secret URL, they specifically say, "Please don't give this URL out. Send them to this pay link." Now I could say, "Screw you. I don't want to make my friends pay for your music when I can get it for free and give it to them." Well, I know them pretty well so that would just be crappy of me. I think we can tend to give a big "screw you" to artists and developers because we don't know them. If it was a friend we'd think twice.

[Kelegacy]

This is as much piracy as lending a game to a friend.

I know some people are against any gaming unless you buy the game brand new, but I don't give a crap. I have no problem with this whatsoever, if you choose to do it.

[Nura]

Feel free to do it, as long as you don't complain when the developers looks for new ways to DRM their stuff.

[Bandango]

Is it piracy to have a friend over to watch a new dvd you just bought? Is it piracy to lend someone a game/book/cd? Is it piracy to watch a television show on hulu? Is it piracy to go to the library? Is it piracy to thumb through a comic in a comic book store?

I am so sick of 'piracy.'

[Gorvi]

Originally Posted by Bandango

Is it piracy to have a friend over to watch a new dvd you just bought? Is it piracy to lend someone a game/book/cd? Is it piracy to watch a television show on hulu? Is it piracy to go to the library? Is it piracy to thumb through a comic in a comic book store?

I am so sick of 'piracy.'

This is different, you're essentially giving someone a copy of the game. The system that's there gives you 5 activations, essentially allowing for people who have multiple consoles (including the PSP, since this works the same with PS1 games) the ability to buy the game once and have it on all systems they own. It also solves the problem of what happens if a console breaks, or in the case of the PSP, if you happen to lose it.

This is abusing that. Is it probably wrong? Yes. Is it piracy? No, but it's close.

[Clark]

Why why why can't I have friends who game.

Sigh.