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Incline of EU: You can re-sell your digitally bought games

Discussion in 'General Gaming' started by Angthoron, Jul 3, 2012.

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Angthoron Arcane

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#1

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Cool news broskies, a bit of incline in our sad decline-ridden world:

The Court of Justice of the European Union has ruled that publishers cannot stop you from reselling your downloaded games.

More specifically: "An author of software cannot oppose the resale of his 'used' licences allowing the use of his programs downloaded from the internet."

The Court said the exclusive right of distribution of a copy of a computer program covered by the license is "exhausted on its first sale".

The ruling means that gamers in European Union member states are free to sell their downloaded games, whether they're from Steam, Origin or another digital platform - no matter what End User License Agreement has been signed.
The ruling continues: "Therefore, even if the licence agreement prohibits a further transfer, the rightholder can no longer oppose the resale of that copy."

The ruling suggests that if you've bought a license for a game off your mate, you're within your rights to download it from the publisher's website. "Therefore the new acquirer of the user licence, such as a customer of UsedSoft, may, as a lawful acquirer of the corrected and updated copy of the computer program concerned, download that copy from the copyright holder's website," the Court said.

Whether Valve and EA will make changes to their websites to reflect the ruling remains to be seen.

The ruling in more depth:

"Where the copyright holder makes available to his customer a copy - tangible or intangible - and at the same time concludes, in return form payment of a fee, a licence agreement granting the customer the right to use that copy for an unlimited period, that rightholder sells the copy to the customer and thus exhausts his exclusive distribution right. Such a transaction involves a transfer of the right of ownership of the copy. Therefore, even if the licence prohibits a further transfer, the rightholder can no longer oppose the resale of that copy."

There is one condition, however. If you resell a license to a game you have to make your copy "unusable at the time of resale". Now you will do that, won't you?

"If he continued to use it," the Court explained, "he would infringe the copyright holder's exclusive right of reproduction of his computer program. In contrast to the exclusive right of distribution, the exclusive right of reproduction is not exhausted by the first sale."

Sauce: http://www.eurogamer.net/articles/2...nnot-stop-you-reselling-your-downloaded-games

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Renegen Scholar

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#2

I'm loving the butthurt at NeoGaf. "but, but, but... the developers!"

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Angthoron Arcane

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#3

Renegen said: ↑

I'm loving the butthurt at NeoGaf. "but, but, but... the developers!"

We desire links or at least juicy copypasta/screenies!

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Renegen Scholar

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#4

http://www.neogaf.com/forum/showthread.php?t=481040

You know how NeoGaf is, they're just capable of 1 sentence and then hit the reply button. I enjoyed some of them equating used game sales with the doom of the entire industry.

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Ulminati I'm watching you... Scum.

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#5

Thar's actually pretty awesome. Looking forward to SteamBarter™. A shame Multi-headed Cow is excluded, being kwanzanian.

~12112

Trash said: ↑

Fuck off with your compulsive need to regulate shit.
MetalCraze

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#6

Renegen said: ↑

http://www.neogaf.com/forum/showthread.php?t=481040

You know how NeoGaf is, they're just capable of 1 sentence and then hit the reply button. I enjoyed some of them equating used game sales with the doom of the entire industry.

But they are right. Look what secondhand sales did to General Motors.
WhiskeyWolf RPG Codex Polish Plumber

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#7

Uuuu, I predict some quality publisher-butthurt down the line.

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Monad Novice

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#8

Or Ford or any other car company? Right? Right? Wait...
TripJack Hedonist

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#9

I like computer games. I like people that make computer games.I want them to make all the money they deserve by making them. This ruling will prevent that.I don't think I like this ruling.

I like Steam the way it is and I whole heartedly endorse their totally random, but cool sales. However I don't tend to sell games after I've played them - well I have, but I suspect 20+ year old physical stuff doesn't count. If this ruling screws those random sales, I'm fairly sure I'll go into Hulk mode. ggrrrrrrrrr.

Well - otherwise what would happen to our digital content when we died?

I'd like to leave ALL of my life's digital collection to members of my family who haven't been born yet.

How do games remain viable when gamers want £100m blockbusters but don't want to pay more than 20 quid for them and never want to pay for any dlc and want to sell it on to someone else so the publisher lost another sale?
Tehdagah Learned

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#10

Renegen said: ↑

I'm loving the butthurt at NeoGaf. "but, but, but... the developers!"

NeoGAF is an abomination.
Infinitron RPG Codex Staff

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#11

Just games? Isn't it about software in general? Think big: the fucking iPhone App Store.
Spectacle Prophet

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#12

I wonder exactly how far the ruling goes? Does it simply mean that Steam can't terminate your account if you sell it to someone else, or will they have to add explicit support for transferring games between steam accounts?

Glyphwright said: ↑

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#13

Renegen said: ↑

I'm loving the butthurt at NeoGaf. "but, but, but... the developers!"

Just like how book re-sellers ruined the book publishing indus- oh, yeah...
Black Prophet

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#14

Yurop is a shithole, but not as stinky as amerikkka.

Ulminati said: ↑

A shame Multi-headed Cow is excluded, being kwanzanian.

It's his fault he's a kwanzanian.

I played Morrowind and my IQ dropped 10 points. I was going to sue Bethesda, but then I saw a mudcrab and forgot. Filthy things.

fffsfss....Guys!...ffss..-don't have much time--..ff.s..s... .this..Codex from the future....fff.s.s..f.s.f..Fallout thr-....f..f.ssss....-eel time first person....fffsss...tunred Harold into a fucking tr-...fs.sfffs... steel be with y-..fsfs...sss....-ot too late, you can still sto--fssssfssfsffssssssssssssssssss

If you cannot get into Mass Effect n Dragon Age, perhaps RPG's are not you're stuff? Or give Oblivion a try, Bethesda usualy made there games for casual players not like Bioware that stickies to more hardcore oldschool RPG mecanics of deep, engrossing storylines and character delvopement.

Icewater Brofists this.
Azalin Arbiter

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#15

Wow,that's some serious EU ,can't wait for the Gaben Second-hand sale,meybe his new economist can advise him on that

Infinitron said: ↑

Just games? Isn't it about software in general? Think big: the fucking iPhone App Store.

Oh God,if that is true the butthurt will be MAJESTIC

fapfapfapfapfap

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potatojohn Augur

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#16

I'm sure the law jews will find some clever way of getting around this. Like a yearly $1 subscription to steam.

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Phelot RPG Codex Staff

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#17

Ahhh good, now there is no excuse to use TPB which means all the bans of it in Europe are A-OK

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Multi-headed Cow Cipher

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#18

Well this is cool. Shame I can't enjoy it.

BLOBERT said:

BRO IF YOU SUCK OFF A GAY GUY ARE YOU HELOPING HIM BECOME STRAIGHT OR JUST ENABLIONG USE YOUR HEAD BRO AND DO THE RIGHT THING

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Phelot RPG Codex Staff

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#19

Anyway, with things like Steam, the whole no return thing is such bullshit anyway since they can easily just erase it from your inventory and not let it launch or something so who cares, just allow it.

"I agree that two times two makes four is an excellent thing; but if we are dispensing praise, then two times two makes five is sometimes a most charming little thing as well."
Pelvis Knot Learned

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#20

I don't get the general direction comments on Neogaf take: are all those posters developers? If not, why would they oppose laws that give them, as consumers, more rights?
Azalin Arbiter

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#21

Pelvis Knot said: ↑

I don't get the general direction comments on Neogaf take: are all those posters developers? If not, why would they oppose laws that give them, as consumers, more rights?

Retards gonna retard

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Micmu Erudite

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#22

Publisher shillbots.

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#23

A crushing blow to the software as service movement, which I'm not sure is a good thing. However, if software is going to be seen as products, then this is indeed massive incline.
Black Prophet

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#24

Pelvis Knot said: ↑

I don't get the general direction comments on Neogaf take: are all those posters developers? If not, why would they oppose laws that give them, as consumers, more rights?

No, they're just dumb.

I played Morrowind and my IQ dropped 10 points. I was going to sue Bethesda, but then I saw a mudcrab and forgot. Filthy things.

fffsfss....Guys!...ffss..-don't have much time--..ff.s..s... .this..Codex from the future....fff.s.s..f.s.f..Fallout thr-....f..f.ssss....-eel time first person....fffsss...tunred Harold into a fucking tr-...fs.sfffs... steel be with y-..fsfs...sss....-ot too late, you can still sto--fssssfssfsffssssssssssssssssss

If you cannot get into Mass Effect n Dragon Age, perhaps RPG's are not you're stuff? Or give Oblivion a try, Bethesda usualy made there games for casual players not like Bioware that stickies to more hardcore oldschool RPG mecanics of deep, engrossing storylines and character delvopement.
FeelTheRads Arcane

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#25

Well, it was about fucking time someone did it. Why would digital downloads, or software in general, be special I don't know. It's a product, it should be treated as such. Fuck jews sneaking around.

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