Sony thought that putting an end to the physical format of video games was going to be a matter of announcing it, setting a date and that's it. Well no. What was going to be a simple three-paragraph statement on a blog has become a legal headache that is already crossing borders, and everything indicates that this is just beginning.

The announcement that started the legal battle

On July 1, PlayStation confirmed without much noise, without State of Play or a press conference, that it will stop manufacturing games on physical disc as of January 2028. The company tried to sell the decision as something “natural”, as if it were simply the next logical step of an industry that has been leaning towards digital for years. And he is partly right, because 75% of all games released in 2024 in Europe have already been purchased in digital format, a huge jump from 63% the previous year.

However, Sony later softened the blow a bit. Studios and distributors will still be able to order physical copies of titles released before that deadline, so games released during the PS5 cycle won't disappear from shelves immediately. For new releases after 2028, the company is already testing another formula: physical boxes that actually only have a digital download code inside. Basically, the box stays, but the record disappears.

The Dutch lawsuit that complicates his plans

The foundation, which has long been fighting with Sony over similar issues under its “Fair PlayStation” campaign, maintains that removing the discs leaves consumers with no alternative outside of the PlayStation Store, which would allow Sony to control both the prices and the conditions of access to digital games.

The central argument is not new for the foundation. In previous lawsuits they had reported that digital games cost up to 47% more expensive than their equivalent physical versions, despite the fact that digital distribution costs are much lower for the company. Lucia Melcherts, leader of the organization, summed it up with a phrase that resonates quite a bit: many people have already realized that with the PS5 Sony is pushing everyone towards digital-only consumption. And we are not talking about a small group of people affected, the lawsuit is filed on behalf of more than 3 million players in the Netherlands.

They call it the “Sony tax”, that extra price that users pay simply because they have nowhere else to buy PlayStation digital games. And this is not an isolated case, because according to recent reports there are already three open lawsuits against Sony in Europe for related issues, in the United Kingdom, the Netherlands and Portugal.

A real decline, but not as orderly as it seemed

Nobody disputes that the physical format is going downhill, that is undeniable with the numbers in hand. What does generate friction is the way in which Sony is handling the transition, because unilateral decisions in a market where the company already has a dominant position easily set off regulatory alarms. Analysts and specialized media have even pointed out that this is not just a natural decline, but a strategic withdrawal that directly benefits Sony's margins in digital sales.

Furthermore, the impact does not remain only in the consumer's pocket. The end of physical discs also means the gradual closure of the second-hand market, something that many players considered one of the few real advantages of buying in physical format.

Meanwhile, boycott campaigns against upcoming important PlayStation releases are already circulating on social networks, as a direct response to this decision. Sony has yet to make any official statements regarding the Dutch lawsuit, but between active litigation and growing community discontent, the plan to leave the discs behind no longer looks as easy to execute as it seemed on paper.