EU says it cannot stop Sony from ending physical game discs

EU says it cannot stop Sony from ending physical game discs

The European Union has confirmed it lacks the authority to prevent Sony from eliminating physical game discs. Despite a growing backlash from consumers and preservationists, EU officials state that companies maintain the freedom to determine how they deliver their games and services.

The controversy stems from an announcement made on 1 July, in which Sony revealed that all PlayStation releases from January 2028 onwards will be digital-only. This mandate extends to games not published by Sony Interactive Entertainment and includes the removal of code-in-the-box retail options.

Michael McGrath, the EU Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection, told reporters in Strasbourg’s European Parliament that the issue is governed by commercial and contractual freedoms. According to McGrath, as reported by the Irish Mirror, companies are free to offer services as they see fit, provided they protect consumer rights according to national and EU law.

"It does come down to commercial and contractual freedoms, and companies are free to offer games and services in the manner that they see fit, provided that consumer rights are fully protected in line with national and EU law."

Michael McGrath, EU Commissioner, via Irish Mirror

The decision has triggered a wave of protests. A Change.org petition titled "Don't Kill the Disc" has gathered over 286,000 signatures. On social media, some PlayStation 5 users have shared screenshots of cancelled PlayStation Plus subscriptions. The petition also highlights the irony of the move by referencing a 2013 Official PlayStation Used Game Instructional Video, which the petition suggests mocked the very outcome Sony is now implementing.

The Financial Drive for Digital

Industry analysts suggest the move is driven by profit margins. For a first-party title, Sony keeps roughly 65% of the revenue from a physical sale, with 30% going to retailers and 5% spent on manufacturing. In contrast, Sony keeps 100% of the revenue for the same game sold via the PlayStation Store.

The disparity remains high for third-party titles. For a physical copy of a game like Call of Duty, Sony receives a licensing fee of approximately 15%. For a digital download of the same title, Sony retains a 30% cut, which amounts to roughly $21 for a $70 game.

Dr. Serkan Toto, CEO of Kantan Games, told IGN that Sony is unlikely to reverse the decision because digital sales are too lucrative. He noted that Sony has more than 120 million active users, with around 50 million subscribing to PlayStation Plus. Toto argued that even if 500,000 people cancelled their subscriptions in protest, it would represent only 1% of that specific business, which is not enough to force a rethink.

"I sympathize with physical media fans, but Sony will not reverse this decision. They of course knew what the online reaction would look like, and they now wait for this storm to pass."

Dr. Serkan Toto, CEO of Kantan Games, via IGN

Preservation and Legal Hurdles

The EU's refusal to intervene follows a recent setback for the "Stop Killing Games" campaign. The European Commission previously stated it could not propose a legal obligation to keep games playable after they are no longer sold commercially, citing existing intellectual property rights and the exclusive rights holders enjoy under EU copyright law.

The Commission did note that existing consumer law requires publishers to inform buyers about the duration and conditions for terminating a contract before they sign up. While the EU will not mandate physical discs, the Commission said it would discuss an industry code of conduct regarding the "end of life" management of video games with consumer representatives and the industry.

McGrath mentioned that the EU did consider a European citizens initiative regarding whether games should remain available after a new edition of a game is released.

Future Hardware and Upcoming Releases

The transition to digital is expected to shape future hardware. Analysts predict the PlayStation 6 will not arrive until 2028 at the earliest and that the base model will not include a disc drive.

Some upcoming titles will still be available in physical format before the 2028 cutoff. Insomniac confirmed that Marvel’s Wolverine will be released on-disc. Similarly, Santa Monica Studio confirmed that God of War Laufey will be available on disc, which suggests a launch date in 2027.