EU Rules You Can Resell Downloaded Games

[Subtle Mocking]

Interesting.

Well here's some pretty huge news. The Court Of Justice of the European Union has just ruled that people should be able to resell downloaded games. In an environment where publishers are trying to destroy basic consumer rights like the ability to resell physical products you've paid for, this could be one heck of a turnaround for customers. And that's no matter what it might say in the EULAs. This could have absolutely enormous implications on how services like Steam, Origin, GamersGate and the like work, and finally restore some rights back to the gamer.

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". This could be a game-changer, no pun intended.

[Ignatius_S]

This ruling isn't just about games, but digital products, so has an even wider scope.

With something like Steam, the company is selling a service, not just games, so I wonder if there could be a way round it there.

[madhair60]

Anyone wanna buy Clive Barker's Jericho off me?

[VegaLA]

Couldn't have timed it better!

http://www.techradar.com/news/gaming/ea-president-says-company-will-go-100-per-cent-digital-1087880

HAH HA!!

[NoSleep]

This ruling isn't just about games, but digital products, so has an even wider scope.

Anyone want to buy a s/h mp3?

[Shoulders?-Stomach!]

Hahaha. So can anyone work out why a second-handed digital copy of a game would be worth less than an original copy? Being as they are, absolutely identical?

[NoSleep]

Hahaha. So can anyone work out why a second-handed digital copy of a game would be worth less than an original copy? Being as they are, absolutely identical?

It may not be worth less, but, if you're looking to buy a new game and you have no money, then taking a reduced amount for your old games will speed their sale. I wonder if online retailers will offer trade-ins to limit the damage?

[Shoulders?-Stomach!]

I wonder how long it will last before anyone turns around to shout THIS IS FUCKING STUUUUPIIIIIID.

[olliebean]

I guess EA will be moving over to a rental model before long, then.

[MojoJojo]

Yes - the judgement is predicated on it being an indefinite license. I actually wouldn't mind a rental system, assuming it was implemented and priced sensibly.

It's also not clear to me that it forces steam etc... to actually support reselling games. It's just saying reselling isn't illegal. So don't get too excited.

Also, I imagine Oracle might well challenge.
This bit of the statement taken from the RPS article seems particularly ripe for attack:

and to demand further remuneration on the occasion of each new sale, even though the first sale of the copy had already enabled the rightholder to obtain appropriate remuneration.

[Ignatius_S]

Anyone want to buy a s/h mp3?

Little bit of a tangent, but in the States, people have done this. There was one landmark case where it was ruled that someone who wanted to sell tracks from iTunes, which he no longer wanted, was entitled to. (However, legally, it's still meant to be a grey area. Since then, there have been at least three start-ups in the States that wanted to be a marketplace such sales – the first two weren't successful (the second did try to get record companies involve and give them a slice of the pie, but for the bum's rush).

However, at the moment, the third one (Redigi) seems to be doing rather better and is battling lawsuits (EMI didn't have much joy earlier this year). At the moment, users can only sell music purchased from iTunes. When music is sold, the artist gets 20%.

Hahaha. So can anyone work out why a second-handed digital copy of a game would be worth less than an original copy? Being as they are, absolutely identical?

If the game is dirt cheap already and a second-hand seller wants the same amount, what's the incentive of buying second-hand?

Also, I could imagine companies could offer incentives to attract people buying new (e.g. reward points, bonus content).

[Big Jack McBastard]

Anyone wanna buy Clive Barker's Jericho off me?

Fuck no.

[Famous Mortimer]

As a consumer who's bought many games online which turned out to be shit, I am glad that lawmakers are deciding to treat digital product the same as physical product.

[Beagle 2]

Millions of ordinary private sellers are going to fairly swiftly undercut each other aren't they? I can't decide whether this is ultimately going to make new games cheaper or more expensive.