I am generally not in favor of adding regulation, but this is a place where I would support it.

Anything that you BUY needs to be your property. This means you must have the ability to:

1. Transfer ownership of it (either temporarily as a loan or permanently as a sale). Digital-only doesn't preclude this: the store can have a "transfer" functionality.

2. (Within reason) use it at your discretion at any point after the sale. This means that a company cannot "revoke" your access at a later time. Specifically for content that is DRM locked, if they decide to sunset that service (store, DRM server, whatever), no problem! just offer DRM free (or generally lock-free copies). I have no problem with Sony not offering DRM free versions of games that I can still download and play with the store. But if that goes away -> you must give me a path to local ownership.

(Multiplayer games that require server infrastructure are a bit more complex, and I'd leave aside for now).

This should apply equally to video games, movies, books, music. Any digital content.

Absolutely this.

Fifteen years ago World of Warcraft was at its peak. You had 12 million people paying a monthly fee, plus buying the occasional expansion pack. No other gaming company had seen reoccurring revenue numbers like that before and it changed the industry. One aspect of this was that if you stopped paying you lost access to the game.

The industry has been looking for the next way to level up this subscription model on gaming. Battle Passes, Xbox Live, Game Pass, Playstation Plus, Stadia, Game Fly, and a ton of other ideas. Sony is now using the stick to directly attack ownership instead of the carrot to entice subscriptions. We'll see how this plays in the PS6, but I think they are overplaying their position, especially with how underwhelming the PS5 has been received by gamers.

I'm optimistic that the raise in PC gaming will act as a balance for the obvious greed of the consoles. It's becoming a larger and larger player in the non-mobile gaming market, and it's too big to be treated like a second class citizen anymore. The open platform prevents anyone from acting as a gatekeeper between game developers and players.

For me personally, I began losing interest in consoles the first time I had to install a console game to a hard drive. The plug and play magic just fell apart.

Ownership as in resale-able.

Eventually someone important enough will force digital resales to become reality, changing everything to require KYC.

[delayed]

This is a large part of why I went with a Retroid Pocket over buying a Switch 2. It’s not nearly as powerful but it’ll run Linux and most indie games I buy on GOG. It’s more work of course but knowing that the games I buy I’ll be able to play into the future on any number of devices is worth it.

If you think in terms of ownership, even then digital is not that bad. I’ve owned digital games since Xbox 360 and I can still play them to this day on my Xbox series X.

But not all of my physical games CD/DVDs are in mint condition and some have scratches.

I view the killing of physical game media as having two aspects that, while intertwined, are separate in some ways.

The first is the loss of the physical item. I like organizing carts and discs, looking at them on my shelves, reminiscing, easily putting one in a console to replay. Same with other media for me: I buy books, only read physical ones. I listen to digital music (generally downloaded from sites like Bandcamp) but for albums and artists I like the most I buy vinyl. I get that this isn't a big deal for most people, but it is something that is permanently lost when you get rid of physical media.

The second aspect is control and ownership. This is indeed intertwined with the physical aspect, since you can do things like resell a cartridge or disc and let someone easily borrow it. But control is possible with purely digital games, they just need to not be locked down with DRM. And companies like Sony want to kill physical games because it allows them to keep those DRM locks on digital-only copies so you cannot resell your games, which is connected to the second point, control.

I also agree that the issue of control is more important. How do we continue to make sure our games, that we bought, aren't just taken away from us? What happens if you lose your account with Sony/MS/Nintendo? What happens if your old console that you downloaded a game on breaks? The death of physical games is also a step on the way to subscription-only services, where you won't even be able to play something unless you are actively giving money to a company regardless of how much you gave them before.

The ways forward that I see are legislation that would do things like force companies to allow people to always download games they bought in perpetuity, regardless of account status, and if the company dies the successor company must do the same or release the game into the public domain. But given the power of large corporations and current intellectual property laws, this isn't happening anytime soon.

Practically, then, the only way I see is to either have a console that is hacked in some way, or only play games on an open platform like PC. And there you can only buy DRM-free games or, at worse, if you lose access to game in some service (e.g., Steam) you can still pirate it (which I'd feel morally fine doing if I bought it already of course, but that does bring legal risks depending on where you live).

And the later option still doesn't address the larger issue of preservation, as the OP's blog post notes: games will be made for locked-down consoles in the future and will be lost forever unless the hardware is hacked or a law demands the game's preservation.

We rent time at a football field. We buy tickets to watch a single match. There are parallels here to not owning video games. I don’t really understand why one is so heinous.

Let’s say there’s a new rule implemented by the NBA that no one likes (similar to a fear of live service games changing). How is that resolved there and why can’t that solution work for video games?

I think a big thing we’re currently missing here is something like a community field or park. Why are there no open-source, community-run Diablo projects for example? If no one cares enough to do that, maybe this isn’t so big of an issue.

>Everyone wants to be Netflix

This is the most perfect sentence about this situation

Video game companies still remember when they owned the arcade machines and players were required to constantly insert money into the machines to keep playing. They've been chasing that high ever since.

The key to owning modern multiplayer online games is to have private servers run by human persons on their own owned computers. But except for TF2 no one has been able to (or cared enough) allow private servers alongside the much much more important microtransactions. This is what is killing ownership.

the resale market for disk has been on a downtrend for years, you can sign into someone's else psn account too and share games, you are a washed up gamer, its okay I am washed up too.

There's another story about a game that died and was resurrected, Runescape. It launched with a big fanfare of version 3.0 back in 2008 and was met with total disaster. Fans were quitting, private servers of the pre-EOC update, etc. Jagex heard this and stuck a solo dev onto re-launching an instance of '2007 scape' which was basically an old backup they found and a few server instances. They incorporated features of the platform like voting, where votes require strong consent (75% in some cases) to get new features, and it's a seriously community driven game where both sides have something to gain. Now branded "old school runescape" the game has more players than the "runescape 3" that still exists today as Runescape. A win all around.

I question how much of this discussion is really being driven by gamers.

Those who wanted change made it happen. There are indie games and remakes without these restrictions. Most of classic gaming preservation has been successful with its goals apart from some legal gray areas and chasing rarities.

These discussions then fixate on the cutoff year for classic gaming and whether everything beyond that is even worth saving. The conclusion is always the same. Nobody really cares about the slop.

All that remains to discuss is politics. That's always the most vocal part drowning out everyone else. Who keeps banging this drum?