Speaking at the “Il Cinema in Piazza” Film Festival in Italy (translated by Genki), the Death Stranding and Metal Gear director said that at least with digital games, users have the data on their systems, something that isn’t the case with cloud gaming.
“Since production is ending in 2028, this is about video games, but I grew up with physical media, so I find it really sad,” he said. “Currently, I’ve been buying up a lot of Blu-rays, such as various movies, and CDs too.
“The situation is different for games [than movies], as they are downloaded to the hard drive, that means the game data remains on your own hardware. However, if things shift to streaming in the future, that won’t be the case anymore.”



Well, you see, Ju$tice is expensive and unreliable.
So the decision of using or not the Justice System for enforcing one’s rights isn’t purelly “am I likely to win”, it’s also about “is it worth it bringing it to Court”, which is especially important when the damages one is entitled to get are low (like the price of a game).
At which point “who controls the thing under dispute”, which is theoretically unimportant in a perfect Justice System, becomes the main deciding factor.
Maybe an example will make it clear:
Anyways, the point I’m making here is that well before a Court of Law actually goes through the whole thing and determines who is in the Right and orders a certain action in favor of and/or compensation for the injured side, de facto the outcome is often decided by the actual stakeholders deciding “is it worth it taking this to court?” and in a system where Justice has costs (the bigger the costs the more that’s the case) “who controls it” is pretty much the single biggest factor in that decision.
In simple terms, unless there is some kind of streamlined Judicial process for that kind of case (like there is around things like loans) bringing a case to court to force the side in control of something to act in a certain way with it is only worth it for large monetary amounts, and generally the price of a game is below that.
It just so happens that at the moment for console games having the installer for it in a physical medium in your control is having control of that copy but, as my example above illustrates, if the game does phone-home DRM authorization checks like some PC games go, it’s actually not really under your control even if you have it in physical media.