Valve and game developers have a bit of a fight on their hands here, with a French court ruling that Valve should allow users to re-sell their digital games.
Reported by the French website Next Inpact, the French consumers group UFC Que Choisir had a victory against Valve as French courts have ruled against them on the topic of reselling digital content. From what I've read and tried to understand, the courts have basically said that when you buy something on Steam it is indeed a proper purchase and not a subscription.
Valve has been ordered to pay damages at €20K plus €10K to cover some costs. On top of that, they will also have to publish the judgement on Steam's home page (presumably only for users in France) and for it to remain visible for three months. If they don't, they will get a fine for each day of €3K. To Valve though, that's likely pocket change. The bigger issue though, is how other countries inside and outside the EU could follow it.
Speaking to PC Gamer who got a statement from Valve, they are going to fight it. Of course they will though, they could stand to lose quite a lot here and it would set a pretty huge precedent for other stores like GOG, Epic, Humble, itch and all the rest.
There's a lot to think about with this situation. Valve could end up changing the way they deal with this, just like they did with the nicer refunds option which came about after legal issues too. Imagine being able to sell and transfer a game over to another Steam user. Valve could take a cut of that most likely too.
Something to think on there is how this could affect game developers too, I'm all for consumer rights but I do try to think about all angles. We could end up looking at higher prices overall, no release day discounts, more micro transactions, more games updated as a constant service, games that require an online account as a service so you're not paying for an actual product and so on as developers try to keep more income when many smaller developers are already struggling.
Interesting times.
Hat tip to Nibelheim.
Quoting: AnanaceSomething to make "new" copies somehow different from "used" ones, to make sure that there's at least some reason for people to want to pay more for a "new" copy rather than a bit-perfect "used" one.
I like this idea. For example, disable achievements, leaderboard and cloud saves, because you did not pay the full price, which includes these "extra services".
Overall I am not happy with this and I fear a negative impact on a market.
They only thing I would be happy about if I was in France, I could buy a Windows laptop and then resell Windows license. :D
Quoting: ArehandoroWhen one buys a 2nd hand book, film, album or game, does the content differ? Is the content less enjoyable because the medium it comes in isn't in mint condition? In my case, I know the answer to both questions (NO).
For me, the content of a book is less enjoyable, if the book is crumbled, stinks because the pre owner was smoker or has stains for example from dirty fingers. The binding of a book also breaks down through use.
But all this does not happen to a digital copy of a game. The pre users were smoking or played it a lot, or they had dirty fingers while playing... DOESN'T MATTER. The used copy is always as good as an unused one.
Last edited by einherjar on 20 September 2019 at 11:08 am UTC
Quoting: KuduzkehpanThis will affect poor countries in positive way.Also ability to re-sell games will create a big marketing between players and maybe it creates a blackmarket inside the whole gamer community. At least i will be happy to sell my games and get some profit for re-investments and other development purposes.
Also i prefer a renting system which protects both developers and costumers in same time. Just for cases like
"facepunch and rust" as follows pay 10 dolar euro or whatever to rent a game for 3 months. Then decide to buy or not. This is also why DEMO's are up and running.
Not sure of that. If publishers discover that selling games on poor countries undermines the sales on the rich ones, they will simply increase prices on poor countries or stores will add more restrictions to those markets.
Quoting: einherjarBut all this does not happen to a digital copy of a game. The pre users were smoking or played it a lot, or they had dirty fingers while playing... DOESN'T MATTER. The used copy is always as good as an unused one.I'm not sure why you all get worked up about such minor details. It's pretty obvious that digital and physical products are not the same.
The issue at hand is that when those digital markets formed they where until now pretty unregulated and extremely one sided when it comes to consumer rights. It was basically always "If you want that game you have to agree to our completely stupid EULA or GTFO". This is now changing. They didn't had refunds either until they got forced to do them.
It is an illusion that those markets will regulate themselves. They themselves are pushing for laws as much as they can to cement their full control, like for example the law that prevents you from tampering with DRM even if they shutdown the online service and the product you purchased becomes useless.
It is about time that the consumer side gets represented and we get back to a reasonable fair market that isn't so one sided when it comes to ownership and what you can do with your own stuff you actually payed for. There has to be done a lot more and hopefully the right to do the same thing with an account will hopefully be next.
Last edited by ZeroPointEnergy on 20 September 2019 at 11:37 am UTC
Quoting: ShmerlHm, according to this. EU already allowed it before. So what's new in this ruling?
https://en.wikipedia.org/wiki/First-sale_doctrine#Application_to_digital_copies
QuoteIn Europe, the European Court of Justice ruled, on July 3, 2012, that it is indeed permissible to resell software licenses even if the digital good has been downloaded directly from the Internet, and that the first sale doctrine applied whenever software was originally sold to a customer for an unlimited amount of time, as such sale involves a transfer of ownership, thus prohibiting any software maker from preventing the resale of their software by any of their legitimate owners.[5][6][7] The court requires that the previous owner must no longer be able to use the licensed software after the resale, but finds that the practical difficulties in enforcing this clause should not be an obstacle to authorizing resale, as they are also present for software which can be installed from physical supports, where the first-sale doctrine is in force.[8][9] The ruling applies to the European Union, but could indirectly find its way to North America; moreover the situation could entice publishers to offer platforms for a secondary market.
It's not "new" because it's not a new law, it's a ruling. Valve's EULA contains illegal clauses, the ruling confirms it.
Quoting: EhvisI think people are making far more fuss about this than what is really going on. It appears to me that the ruling is about the passages in the licence agreement that forbid users from reselling their games. I suspect that all that is needed for Valve (and other stores) is to remove those passages and inform the users that this is in fact legal. However, nowhere does it really say that Valve needs to implement a system for people to resell individual games to other users. Which means that all that the net effect maybe that you will be allowed to resell your entire account. How many users will that benefit?
This reminds me of the good old wow times, when you had to go to the chinese to illegally buy a lv 60 Tauren druid. Now we could just all go to the cow market parisienne. :D
Quoting: ZeroPointEnergyQuoting: einherjarBut all this does not happen to a digital copy of a game. The pre users were smoking or played it a lot, or they had dirty fingers while playing... DOESN'T MATTER. The used copy is always as good as an unused one.I'm not sure why you all get worked up about such minor details. It's pretty obvious that digital and physical products are not the same.
Yes, so the reselling can not be treated the same. It is not a minor detail. If you can sell something millions of times, without it getting worn down, it is not a minor detail.
The developer must get the money for his job with a significantly lower amount of sales.
Quoting: ZeroPointEnergyIt is an illusion that those markets will regulate themselves. They themselves are pushing for laws as much as they can to cement their full control, like for example the law that prevents you from tampering with DRM even if they shutdown the online service and the product you purchased becomes useless.
But regulating them in the same way as physical goods (that can only be sold a limited time) is also not the best idea.
Of course a lot of things can be made better - but in a smart way. And this seems not to be a smart way.
It leeds us to even more "software as a service" and monopolism.
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