Lawyer Christian Solmecke asked: Sony film deletion legally ok?

Sony deletes numerous films and series from customer accounts, for users on the Playstation have paid money. The affected content will be available soon, after all over 300 titles, therefore no longer available, although those affected bought the films. Among them are also Blockbusters like all the Hunger Games movies and all the Saw movies. A complete list of all affected films and series is available found here on the Playstation website.

Sony calls the reason why expiring license agreements with rights holder Studio Canal. In the numerous comments on the original contribution to the topic, the question of the legality of this action according to German law. We then have the well-known YouTube lawyer Christian Solmecke asked by the Cologne media law firm Wilde Beuger Solmecke for a classification – and he draws one Statement to our editors now an exact one legal picture of the situation.

Statement by Christian Solmecke

Christian Solmecke (48) has specialized as a lawyer and partner in the Cologne media law firm Wilde Beuger Solmecke in advising the Internet and IT industry.

Source: law firm WILDE BEUGER SOLMECKE / Photo: Tim Hufnagl




Attorney Christian Solmecke explains: “The problem with digitally purchased films is that even when bought online, such intangible content does not acquire ownership as you do with tangible items, only a copyright license to use it. While ownership is a legal position that is absolutely protected by the law, Licenses to use are contractually based on Sony’s General Terms and Conditions (GTC). Sony can therefore determine which right exactly you acquire with the purchase.”
What that means is explained, for example, in the Sony Playstation Terms of Use clear, where is: “By purchasing you acquire a personal license that allows you to use our products for private purposes. (…) 16.5.1. So this means that you use the product for the purposes described in the license, but not allowed to own it.”

That’s what Sony’s video terms and conditions say

Sony Playstation is even more specific in the video terms and conditions, where it says: “Important Limitations When Buying Videos: You can purchase videos depending on title and network availability stream as often as you like on your compatible and activated devices or download. (…) Under certain circumstances, a video may have to be removed from PlayStation Video. In these cases, downloading and/or streaming of purchased videos is no longer possible. Purchased or rented videos that you’ve already downloaded will not be affected. That’s why you should download purchased and rented videos to all compatible devices on which you want to access them as soon as possible after purchase.”