Gamer Wins Court Against Sony Over PlayStation Store Shutdown

Digest of amendments to Russian legislation on Information Security No. 20

The Petushinsky District Court of the Vladimir region granted the claim of the owner of Sony PlayStation 5 to Sony Electronics JSC. The reason for the lawsuit was the shutdown of the PlayStation Store in Russia — the official online store, without which it became impossible to use the game console.

Sony suspended the supply of games and devices to Russia in early March 2022, and also closed access to the PlayStation Store to Russians. The Sony PlayStation 5 Digital Edition device does not have a disk drive, so without access to the online game store, it is virtually impossible to use it for its intended purpose. In this regard, the owner of such a set-top box filed a lawsuit against the importer demanding to replace the goods with a similar one, citing a significant drawback, that is, the practically non-working condition of the set-top box.

In turn, Sony stated that it is an improper defendant (the decision was made by Sony’s head office, not the Russian daughter), and also does not have the ability to replace the goods (probably due to the global shortage and the official cessation of product deliveries to Russia).

In its decision, the court referred to the Resolution of the Plenum of the Supreme Court of 28.06.2012 No. 17, which defines the shortcomings of software for complex goods as a lack of equipment in general. And the law “On Consumer Rights Protection” prescribes to provide the consumer with the opportunity to use the product throughout its entire service life or replace it.

The Petushinsky District Court granted the claim, obliging Sony Electronics to issue a workable console to the buyer within a week. Otherwise, the importer will have to pay 500 rubles for each day of delay.

This is the first decision on such a claim in Russia. Earlier, 28 plaintiffs demanded that Sony’s European and Moscow offices return access to the PlayStation Store and compensate each of the applicants for moral damage in the amount of 10 million rubles.

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