Does that sound like ownership? Can BMW employee pop over to your garage one day remove some bits of the car he thinks you shouldn't have any more?
That does not sound like ownership to me - again, think back to car ownership. Firstly tampering with your car would have been criminal damage.
Secondly, BMW does not get a say in how you use your car. They can't stop you going over the speed limit. You could get your car fixed without having to involve BMW or going to court to force their hand.
In my view this Sony case looks like compensation for breach of a lease-like contract.
Members of the class could opt out of the settlement and sue Sony individually. A court could theoretically enjoin Sony to restore the feature for those individual plaintiffs, but the plaintiffs would have to show that monetary damages would be insufficient. Generally courts don’t like to force defendants to do things when paying money would be an acceptable outcome.
> In my view this Sony case looks like compensation for breach of a lease-like contract.
I haven’t read the complaint in that case but the plaintiffs probably alleged a breach of the implied covenant of good faith and fair dealing. So, yes, possibly a breach of contract claim but not a lease. (Note: A lease is a specific form of contract in which a lessor transfers possession of property to a lessee, but retains a future interest in the property after the contract term ends.)
You do NOT own the software that comes with your GPU!
Ownership implies the ability to transfer, modify, and resell, none of which are within the rights granted by the license of said software.
It's not "rental" either - it's licensing. You don't have to become a lawyer, but knowing and understanding the difference between proprietorship (ownership) and possession is a good start. Same goes for renting vs. licensing vs. ownership.
TL;DR you do not have ownership of any software that came with any device you bought and it's not hyperbole at all.
When you purchase a consumer GPU that comes with software, you acquire the GPU, the copy of the software it came with, and a license to use the software subject to particular terms and conditions. That is what you own, no more, no less.
If you buy a GPU you own it and the copy of the software it came with. You are free to use that combination as you choose, forever.
It’s not renting because you don’t have to pay rent to continue to use it. There may be software license restrictions, typically against modifying or reverse-engineering the software, However, it is an error to say that those license restrictions convert your ownership into anything like a rental agreement.
Some digital activists say that we don’t really own the devices that we buy because of license restrictions or restricted device firmware. It’s hyperbole. We do own our devices and the copies of the software they came with, even if they came with artificial limitations.