No matter what they wrote in the document, the fact was always that you had the game on a disc and nothing would stop you playing it in violation of the words in the document.
The only reason for that is because the physical disc has the right of first sale attached by being physical item, and there’s no practical/acceptable mechanism to prevent transfer of the license to someone else.
Traditionally the whole industry has been fine with it as long as direct media copying was too hard for the layperson, especially since lending games around was like word of mouth advertising.
Digital platforms change a whole bunch of these things.
I am not aware of a case where they disabled an already-playable game via a firmware update.
But they do require certain firmware updates to play games, at least they did in the PS3 days. If you hadn't updated to that firmware (say, because you didn't want certain features you used like the OtherOS installation to be deleted) your new physical media would not play. I bought Dark Souls on a disc and could not play it on my console.
AFAIK, every game that required a Firmware update included it in the PS3_UPDATE directory in the bluray, and it being there was part of the certification process. Maybe Dark Souls was just a rare error?
>nothing would stop you playing it in violation of the words in the document.
Thats not really the case. Windows Defender and other anti viruses will quarantine piracy tools (like no cd cracks, and how many cd/dvd readers are in modern computers) these days, not far from there to see them being paid to police license changes. Games are often more playable in their pirated versions. Like if you own the Fallout 3/Fallout New Vegas discs that require games for windows live you are screwed, but the digital steam versions remove that requirement.
Then you have games like Metal Fatigue, released for Windows 98, suffering memory corruption issues since Windows XP. Microsofts Compatibility Toolkit offers a fix for some of the memory issues making the game vastly more playable, but then of course, Microsoft has set an EOL date for the toolkit, the last version of it was published for Windows 10, and theres an expectation that at some point Windows 11 will not permit it to be installed any longer.
Whether you buy a disc or pay for a download, you are still at the mercy of the entire ecosystem. If you completely freeze your ecosystem and never install anything you might get by. But that presents other risks.
I just bought Kinnectimals for my toddler, and it came with a warning that it needed connectivity to some random xbox server to update, straight out of the box. Thankfully, my 360 was still able to connect to it. But network protocols might change, the OS might get a new version that bricks the connectivity (potentially for good reason, there could be a vuln) or hundreds of other things. Theres no safety or security provided to me by owning the disc.
