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“Sony pushes the idea that “reasonable consumers would not be misled” into believing they own the games in their digital library”.
Wasn’t this the same basic legal outcome Fox News received when they were sued and it was determined that ‘no reasonable viewer’ would think Tucker Carlson was anything but entertainment? That worked out well.
But people who are easily fooled by such things are exactly the ones who need extra protection. Many laws exist to protect the weaker members of society.