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Along the Mirror's Edge

Tuesday 30 August 2022

Sony is being sued

 That's a hefty chunk of change!

I am a pent up little cur, let me tell you. Just a bundle of vile distastes and wrapped up enragements that pops and boils over into making these little blogs as my outlet because I don't agree with the concept of psychiatrists. Wait- no actually I don't agree with the implementations of psychiatrists in our current ecosystem, which in a round-about-way is a product of manner in which they were conceived. (Potato/Potatoe) Which essentially is my way of saying that I complain a lot, about everything and anything under the sun in order to make myself feel better. I don't expect any of the issue I complain about to have consequence or to be shared by literally anyone else in the world. So when I start hearing talk about an bubbling Sony lawsuit to the tune of 5 billion; well, it surprises me; especially when it's for the reasons I myself hold issue with Sony.

Now of course, when it comes to Lawsuits like this, the name of the game is to throw some big stupid number out to try and scare the target into a settlement if they're susceptible to that sort of strong arming or, as is more likely in this case, drum up so much publicity that the march of public pressure can push on Sony to... reach a settlement. 5 Billion isn't even remotely on the table and it's a bit silly dangling that around headlines like it is. Also, I've been watching a simply obscene amount of Better Call Saul recently, so I can't help but find the prospects of such a lawsuit very pessimistic if it makes it to trial, which I don't even think it will. Whoever the lawyer who jumped ontop of this class action is definitely wants to get their quick payday before the coffers run dry and maybe see their name in a headline or two. I doubt anyone inside or out the industry is really taking numbers like this seriously; but at the very least this is forcing the start of a conversation.

Because you see, Alex Neill, the suit's Champion, is swinging around the big guns in rhetoric by accusing Sony of breaching competition law through abusing it's vast industry powers to impose unfair terms and conditions on publishers and developers, forcing up retail prices for consumers. And, well... she ain't wrong. I mean isn't it Sony (and their friends over in, aspiring-morons, Square Enix) that are pushing hard for a new standard of video games retailing at $70 brand-new? So much so that we're looking at a cash grab remake of The Last of Us that literally adds nothing significant to the experience aside from visual upgrades and yet is somehow going to release more expensive than the original game was when it launched. If that doesn't kick you in the gut and make you wonder exactly what the hell it is you're putting up with, then maybe it's about time you start reassessing the leeway you give video game development companies.

Of course, as with every class action dispute in gaming these days, the root figures are drawn from exorbitant market cuts. Sony takes 30% from all purchases made through their API, squeezing every developer for all their worth. Alex Neill knows the sorts of pressure points to push on, her being a professional complainer herself with her company 'Resolver group'. She also wants to rope in literally anybody who has purchased anything from the Sony store since August 2016; which is a very broad brush to paint with, as I'm sure she knows by pulling up such a ridiculous figure to argue with. Of course the real kicker, the reason why this does have a significant 'hearts and minds' angle that Alex and her legal advisors are wisely addressing, is the fact Sony's expensive machinations are heating up the most right now, in the middle of a global cost-of-living crisis. Heck, if theses guys hire their own Saul Goodman to the case they could even twist this angle into making out Sony as unintentional war profiteers! It would be bad faith as heck, but it sure as hell would make a great headline!

But even with boring real lawyers there is definitely a case for this suit to try and drag Sony's name in the mud whilst bringing it's more brow-raising practices to the public light. Honestly, that's the only way we're going to really be able to address some of crap Sony has been pulling in a way that effects change. They're already trying to pave over the claims that The Last of Us Remake is a cash grab by claiming those complaints come purely down to some critic on the work ethic of the game and not the flagrantly over embellished price tag that they pushed for in the first place! And Square Enix have really shown their weak belly after recent, very public, internal failures in management; if this lawsuit can do something similar to Sony there's a real chance of knocking the wind out of this "Current gen means 70$" normal that these ghouls want to try and establish whilst everyone is riled up about 'NFTs' and 'Metaverses'.

Honestly, I have been worrying somewhat about the bad habits that Sony were perpetrating, because the truth is that if anyone can force a bad trend into becoming an industry standard, it's the folks that are currently leading the push of quality in one key half of the industry. Sony are single-player leaders, their games reach a standard of quality that is very difficult to match, and they maintain that standard with exclusionary privilege. (Just ask the Days Gone directors. After they're finished blaming their fans for not being rich enough, of course.) And that goes for the standards set for in-store cuts as well. As we move into the anti-physical age, actual boxed copies of games are becoming more and more reserved whilst online stores are seeing more and more traffic. Ruling that ecosystem today is going to lead to profitable avenues in the future, so setting a line of standard in the sand now will do wonders to protect developer and publisher rights as well as consumers in the very near future.

Still, there is an allergy to frivolous law suits that makes me recoil at the very prospect of this suit. I can't really judge if there's any actual legs to these filings or if they're just headline stealers; and does this even have any hope in hell of seeing a settlement? I have significant doubts. It seems these days that the burden to starting a class action specifically is ludicrously low, but the actual percentage of resolutions are minimal. If they want to, Sony could absolutely paint this as the frivolous rantings of a seasoned complainer who's entire existence is just to stir up trouble on other's behalf. And if they do then all of the actual real issues that are being addressed will be buried on a counter smear campaign, allowing the grifiters in Sony management to continue leeching off the industry like actual slugs. No, I don't have a lot of respect for that breed.

When consumer hands are tied and bound to a rock brick over a waterfall that Sony is threatening to send plunging if only we'll listen to them rant about the definition of insanity one more time, it can start to feel like only the most drastic of actions can claw back a common medium of sense. Sony were the one's who pushed the boundaries far past decency and elevated this into a discourse of ridiculous numbers matched with zero accountability, such to the point where people can look at an insane £5 billion lawsuit and go "Yeah, that's more my wavelength then whatever the hell Sony is trying to push." The overall message should be clear, Sony need to wake up and remember they live in a real world with real consequence that effects that markets they're trying to squeeze blood out of. If they want to push prices up during the times as they are, or any other time considering how bad faith their reasoning has been, well; I for one am going to side with the crazy litigating lady. 

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