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The main difference is that the agreement between Sony and publisher only covers publishers first sale of the material, and their agreements only cover direct revenue share / static prices per unit from publisher.

It does not limit publisher in any way how they want to sell the physical copies, it does absolutely not apply to non-first-sale (depending on the structure of distribution, the box you see in a retail store might already be beyond first sale).

It also does not setup any limits on publishers activities that do not involve Sony licensed IP.

It's similar to how many vendors had revenue share licensing on their products in the past, which is legally distinct from flat percentage applied to distribution channel and limits on said distribution channel

n.b. Sony has, apparently, since PS4 sometimes been cheaper to develop for, in terms of non-revenue-share pricing, than Apple - often providing no-cost loaners for smaller teams.

source on Sony terms: https://www.sec.gov/Archives/edgar/data/1821175/000149315220...



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