EU rules that digital games can be resold

[cr@zydude]

In what is a mammoth blow to the distributors and publishers dreams of no more used games in the next generation the EU Court of Justice has just ruled that any licence sold on an indefinite basis, not rented, really means that a transfer of ownership rights has occurred.

In simple terms, when you download that Steam, XBLA, PSN or Origin game it really doesn’t matter what the terms and conditions state as now if you live in the EU that game fully belongs to you and you have the right to resell it as and when you please.

This shocking announcement was made during a software ruling between Oracle and UsedSoft who were in a running court battle over UsedSoft reselling Oracle licences however the ruling hasn’t been limited to PC or work software and therefore now covers digital videogames as well.

I’m expecting Oracle to appeal the case but I’m not expecting them to win and I wonder how long it will be before a gamer in the EU takes one of the big boys to court over this.

In another part of the ruling the following was stated

The Court observes in particular that limiting the application of the principle of the exhaustion of the distribution right solely to copies of computer programs that are sold on a material medium would allow the copyright holder to control the resale of copies downloaded from the internet 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. Such a restriction of the resale of copies of computer programs downloaded from the internet would go beyond what is necessary to safeguard the specific subject-matter of the intellectual property concerned.

Which is plain English simply means the original copyright holder has no claim to any further remuneration from future sales and can’t limit future sales… I wonder how the online passes are going to hold up against that restriction?

All in all this is fantastic news for consumers and once the appeals dry up will hopefully stop the publishers from attacking the used game market once and for all.

Lazy Gamer/

This is sure to get appealed, but it's a big blow to publishers. The big companies loved the fact that you couldn't sell games. This will likely take a long time to play out, but it's interesting times ahead.

[Zoop]

I don't see this affecting digital distribution platforms such as Steam or Gamersgate good at all. Luckily they're American companies, but the EU might still block them from selling games unless they change their business practices.

[Soulmantle]

Steam or Gamersgate

At the very least buyers would have to provide proof of purchase and payment.

[Squirly]

So if they appeal and fail and this ruling stays as it is, will Steam et al have to provide ways to transfer ownership of titles?

Honestly, I love this. I know that because of a thousand caveats in EULAs nowadays we don't own ****, which might be "legal" but is morally and ethically reprehensible. It ****es me off that companies have really only looked at the digital revolution and thought 'how can we enforce ancient laws despite the fact that they barely apply to our products'. EA charges the same amount for a game whether it's a digital download or a store-bought copy. Neither are actually yours and yet you're the only one allowed to use them. It's retarded. You're signing a life-long contract for something that may or may not be worth it. And once it's done, there's no backsies. Someone tell me about another product in the history of the ****ing world which was ever "sold" like this.

[Zoop]

EA charges the same amount for a game whether it's a digital download or a store-bought copy.

Digital retailers actually wanted to sell games at discounted prices, but brick and mortar shops shat their pants about it because most people would go for the cheaper digital download option. Ironically, I buy even full-priced games digitally nowadays, because unlike physical stores, they don't run out of stock, don't have incompetent staff and I don't have to deal with faulty discs and/or worry that someone has already used my CD key.

[cr@zydude]

I don't see this affecting digital distribution platforms such as Steam or Gamersgate good at all. Luckily they're American companies, but the EU might still block them from selling games unless they change their business practices.

They might get blocked in EU countries, or the rule could change how things are done worldwide. The fact that cellphones now use microusb ports for charging comes from an EU resolution.

[Zoop]

Yes, but if people are able to resell their Steam games, it means a lot less profit for Steam, which will probably result in Steam changing it's business model up entirely.

Also, honestly, I don't really mind that I can't currently resell my games. I don't want to sell them anyway.

[cr@zydude]

Yes, but if people are able to resell their Steam games, it means a lot less profit for Steam, which will probably result in Steam changing it's business model up entirely.

Also, honestly, I don't really mind that I can't currently resell my games. I don't want to sell them anyway.

I don't want to sell mine either, but I think that people should have that option. In the same way I'm annoyed that Origin doesn't have (or I can't find) a gifting option. I currently have 2 copies of the same game.

[Squirly]

Also, honestly, I don't really mind that I can't currently resell my games. I don't want to sell them anyway.

Good for you. For everyone else it sucks.

First they put on DRM, but I didn't say anything because I don't mind DRM. Then they wouldn't let me sell my own games but didn't say anything because I didn't want to sell them anyway. Then they invaded my house, opened up my PC and took a dump inside but by then everyone else was all like 'meh, it's not MY pc'.


Calling it now Zoop. Totally calling it.

[Himmler]

So, if i have a EU World of warcraft account, is it now legal to sell it?

Also doesn't this force Blizzard to allow the sale of a single game from a battle.net account? I.E. Sell my World of warcraft game, but keep my diablo or starcraft?

Interesting indeed.

[Zoop]

There will probably be loopholes around this for game publishers.