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.BC is system wide for ps4 and xbox one...
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.
i don't see this as a contract issue.