Used digital distribution game sales: EU puts the foot down

Digital distribution licences must be able to be re-sold, says EU

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Used digital distribution game sales: EU puts the foot down

#1  Postby Tursas » Jul 03, 2012 6:02 pm

Court of Justice of the European Union: "an author of software cannot oppose the resale of his ‘used’ licences allowing the use of his programs downloaded from the internet".

PDF document of the ruling here (currently unavailable due to server load):
http://curia.europa.eu/jcms/upload/docs ... 0094en.pdf

Software distributors' EULA claims and tricks to prevent second hand sales of their games (or other software) will not work, as the ruling is deliciously unambiguous (quotes selected by Lo-Ping:)

The exclusive right of distribution of a copy of a computer program covered by such a licence is exhausted on its first sale.

Therefore, even if the licence agreement prohibits a further transfer, the rightholder can no longer oppose the resale of that copy.


The distributor must provide a new download to the new owner:

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.


This seems huge for Steam, Origin, etc. Waiting for their response.
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Re: Used digital distribution game sales: EU puts the foot down

#2  Postby Zwaarddijk » Jul 03, 2012 6:08 pm

!

awesome!
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Re: Used digital distribution game sales: EU puts the foot down

#3  Postby laklak » Jul 03, 2012 7:36 pm

Excellent ruling.
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Re: Used digital distribution game sales: EU puts the foot down

#4  Postby SPMaximus » Jul 03, 2012 9:29 pm

meh


:popcorn:
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Re: Used digital distribution game sales: EU puts the foot down

#5  Postby tuco » Jul 03, 2012 9:49 pm

Wunderbar

According to a commonly accepted definition, a ‘sale’ is an agreement by which a person, in return for payment, transfers to another person his rights of ownership in an item of tangible or intangible property belonging to him. It follows that the commercial transaction giving rise, in accordance with Article 4(2) of Directive 2009/24, to exhaustion of the right of distribution of a copy of a computer program must involve a transfer of the right of ownership in that copy.


Makes sense.
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Re: Used digital distribution game sales: EU puts the foot down

#6  Postby Globe » Jul 03, 2012 10:01 pm

Good.
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As soon as I can find you a piece that hasn't gone rotten." - Globe

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Re: Used digital distribution game sales: EU puts the foot down

#7  Postby Nostalgia » Jul 03, 2012 11:58 pm

:clap:
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Re: Used digital distribution game sales: EU puts the foot down

#9  Postby tuco » Jul 05, 2012 9:58 pm

Brave new world .. :) It will be interesting to see how this works out. Could even make some people rethink pirating if pricing would be acceptable. I do not agree, however, that publishers are getting ripped off. If product resold was initially purchased as digital download allowing subsequent owners to download it is inevitable from nature of the product itself. If it was on DVD there would not be such problem.
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Re: Used digital distribution game sales: EU puts the foot down

#10  Postby I'm With Stupid » Jul 06, 2012 4:47 am

Can we expect this to have a knock on effect for other digital media? Music, for example?
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Re: Used digital distribution game sales: EU puts the foot down

#11  Postby JoeB » Jul 06, 2012 9:18 am

So, can we expect a 'second hand' tab in the steam store where you can sell or 'transfer' your game license to another steam user?
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Re: Used digital distribution game sales: EU puts the foot down

#12  Postby Jumbo » Jul 06, 2012 10:06 am

JoeB wrote:So, can we expect a 'second hand' tab in the steam store where you can sell or 'transfer' your game license to another steam user?

I hope so.

I have been stung with buying a 2nd hand game only to find the steam key has not been given up. Returning the product for a refund was drawn out because though i couldn't install it the media itself wasn't damaged etc. Steam will not release the key even though i can produce a receipt showing i have bought the game in question (along with the key) because i have bought it from a company that sells 2nd hand games too. They will not help with licence key issues if you buy from ANY retailer that sells 2nd hand games or eBay.
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Re: Used digital distribution game sales: EU puts the foot down

#13  Postby mrjonno » Jul 07, 2012 11:31 pm

Consdering it take millions to write modern software anything that stops a company making 10's of millions will just result in them not being made.

Realistically all software is going to (openly) rented from now on with permanent internet access to use rather than licensing. Basically all games are going to be subscription, basically Diablo 3 without the high start up cost but with a monthly subscription instead. Interesting the technology of graphic card technology is progressing where you are going to have datacentres that can give the equivalent of having your own local graphics card to 1000's of users at the sametime
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Re: Used digital distribution game sales: EU puts the foot down

#14  Postby Zwaarddijk » Jul 08, 2012 12:07 am

mrjonno wrote:Consdering it take millions to write modern software anything that stops a company making 10's of millions will just result in them not being made.

Realistically all software is going to (openly) rented from now on with permanent internet access to use rather than licensing. Basically all games are going to be subscription, basically Diablo 3 without the high start up cost but with a monthly subscription instead. Interesting the technology of graphic card technology is progressing where you are going to have datacentres that can give the equivalent of having your own local graphics card to 1000's of users at the sametime

That will require some crazy internet infrastructure to be built.
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Re: Used digital distribution game sales: EU puts the foot down

#15  Postby tuco » Jul 08, 2012 1:19 am

mrjonno wrote:Consdering it take millions to write modern software anything that stops a company making 10's of millions will just result in them not being made.

Realistically all software is going to (openly) rented from now on with permanent internet access to use rather than licensing. Basically all games are going to be subscription, basically Diablo 3 without the high start up cost but with a monthly subscription instead. Interesting the technology of graphic card technology is progressing where you are going to have datacentres that can give the equivalent of having your own local graphics card to 1000's of users at the sametime


I am not sure what is going to be made and whatnot, however, renting (a game) is business model I would welcome. When I am satisfied with product, and play it extensively, I pay, and if I do not like product, and play it rarely, I do not have to pay much. In case of Diablo 3 it would be the latter as I am stuck with product which I was not able to make informed opinion about and which, also due to server downtimes, failed to fulfill my expectations.
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Re: Used digital distribution game sales: EU puts the foot down

#16  Postby mrjonno » Jul 08, 2012 11:56 am

I not sure what expectation people expect for a £40 /$60 hour game

10 hours entertainment, 20, 50 , 100?

Personally if I pay £40 for a game and get 20 hours out of its I'm being entertained for £2 per hour which seems reasonable but others may see it differently.

If I was a company renting that game out I would want to ensure I got at least the same amount. I would guess £5 per month wouldnt be enough as you wouldnt get enough people playing for 8 monts or more, suspect its going to nearer £10 per a month which is a bargain if you normally only play a game for 2 months but extremely expensive if you play for years on end
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