Are you sure something like that is actually in the contract?Yes but I don't think it's ever been tested in courts. It's better to play it safe on both ends and keep pubs happy. No one wants to get a judge involved.
I think the bigger issue with the latter is that it could open up vulnerabilities, that Sony wouldn't want exposed.
So if bc was per game then Sony would contact pubs per game, and if bc was system wide pubs would contact Sony to be excluded.
That isn't the problem imo. Windows store for example does not allow emulators.