The European Union has confirmed it does not have the legal power to prevent Sony from ceasing physical disc releases for PlayStation 5 games starting in January 2028. This announcement comes amidst considerable backlash from gamers and a petition approaching 300,000 signatures opposing Sony’s decision.
Michael McGrath, the EU Commissioner for consumer protection, addressed the issue in comments reported by the Irish Mirror, noting that companies retain commercial and contractual freedoms within EU law. He stated that companies are free to offer games and services as they see fit, as long as consumer rights under national and EU law are respected.
The controversy stems from Sony’s plan to move all new PS5 game releases to an all-digital format from 2028 onward, a move that is expected to continue with the next PlayStation generation. This has upset many players concerned about game ownership and preservation, prompting petitions and social media actions such as PlayStation Plus subscription cancellations.
EU Consumer Protection and Intellectual Property Rights Limits
The Stop Killing Games campaign, which has been advocating against the cessation of physical media, recently faced a setback when the European Commission said it could not impose a legal obligation on publishers to maintain game availability after commercial distribution ceases. This is due to existing intellectual property rights that grant exclusive control over game content to rights holders.
The Commission highlighted current EU consumer law requirements that compel publishers and developers to inform consumers in advance about contract durations and conditions for termination when purchasing games. Additionally, the Commission plans to engage with the games industry and consumer groups to develop an industry code of conduct regarding games’ end-of-life management.
Financial Factors and Platform Impact
Sony’s shift to digital-only releases is understood to be financially motivated. For first-party titles sold physically, Sony receives roughly 65% of the revenue after retailer and manufacturing costs. In contrast, digital sales through the PlayStation Store offer higher revenue retention, with Sony keeping 100% of first-party sales and a 30% cut from third-party digital titles.
This change will affect all PS5 owners and new buyers from 2028 onwards, restricting game availability on physical media. Currently, some upcoming notable first-party games such as God of War Laufey and Marvel’s Wolverine will still be available on disc, suggesting their releases occur before this change takes effect.
Market analysts have indicated that the move is unlikely to be reversed despite consumer protests, given Sony’s substantial user base and the financial advantages of digital sales.
