O Court of Justice of São Paulo (TJSP) defined that the Sony will be required to reverse the ban on a PS5 held in early December. Many players have had their consoles permanently suspended from PSN after using the device to redeem PS Plus Collection games for third parties. O Tecnoblog obtained access to the initial complaint, which demands the release of the banned video game plus indemnity for moral damages in the amount of R $ 15 thousand.
Judge Anderson Antonucci’s preliminary decision, accessed by Tecnoblog, was issued on December 17. He determined that Sony should take the necessary steps to reactivate PS5’s access to PSN; in case of non-compliance, the company must pay a daily fine of R $ 200 limited to the value of the product. She has 72 hours after confirming receipt of the decision, which has not yet happened.
Case involves PS Plus Collection
The PlayStation 5 in question was purchased in October for R $ 4,999 in pre-order, before the price drop due to the reduction in the IPI. He subscribed to PS Plus and redeemed games from the PS Plus Collection.
The PS Plus Collection was released only for PS5 as an alternative to enjoy more games on the console. These are PS4 games that can be redeemed by PS Plus subscribers and used on the new device via backwards compatibility. But, once redeemed, they also worked on PS4 if the user signed in with the same account.
The novelty was enough to create a culture of sharing. What we saw, after that, was a series of bans – in Brazil and in the world. People had their accounts temporarily suspended and consoles banned permanently. On Twitter there were reports of users who tried to burn their own consoles to try to switch when calling the warranty and technical assistance.
The ban made devices almost completely useless, as many games require Internet to work – Fortnite, Overwatch, Genshin Impact, Call of Duty Warzone -, in addition to multimedia applications that work online, such as Netflix, Disney + and YouTube. Banned, the PS5 would only serve to run games already installed and games on disk.
The plaintiff claims that he downloaded the PS Plus Collection for himself and several other people. On December 9, when turning on the PS5, he saw the following message: “that PS5’s access to PlayStation Network has been suspended permanently or temporarily”.
He turned to Sony support, who replied: “I’m sorry to report that the PS5 console is banned permanently; there is no way to recover or remove the ban on PS5 because the terms of service described in the user terms have been violated ”.
Can Sony ban PS5?
5.9. Do not share, buy, sell, rent, sublicense, trade, transfer, collect or distribute any Account, Account information or other Account credentials.
The lawsuit uses as a case law a similar case, which occurred in the game Free Fire in 2020: on the occasion, it was defined that the account suspension in a gambling environment was abusive without proof of the alleged illegal conduct by the banned person. She also claims that the ban is illegal because it is an impossible legal punishment for a good – in this case, the PS5, which is not a subject of law.
In addition, the complaint mentions the General Law on the Protection of Personal Data (LGPD), which began in September of this year. Article 20 states that “the data subject has the right to request the review of decisions taken solely on the basis of automated processing of personal data that affect his interests”. Therefore, Sony would be obliged to offer the right to appeal a suspension, either from PSN or PS5 itself.
Judge sees “danger of irreparable damage”
You may also be wondering why the decision came out so quickly, while other processes can take years to complete. The action uses as an example the possible lifespan of a PlayStation device that, on average, is up to 6.5 years.
Thus, if the result were slow to be determined, the owner of the banned console would be left with its supposed loss for almost half the life of the device – considering the average time that a first degree process takes to process in the TJSP.
The judge issued the injunction for seeing a “danger of irreparable damage or difficult repair”. Due to the COVID-19 pandemic, a conciliation hearing was not held, but the possibility remains open for Sony to contact the plaintiff to resolve the matter out of court. The company must file a dispute within 15 days.
Collaborated: Felipe Ventura.